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More reports on: Government
Cabinet clears Wage Code Bill to ensure higher, uniform wages across country
The union cabinet on Wednesday approved a uniform labour code on minimum wages that makes it obligatory for all industries to pay a minimum wage to all categories of employees across the country, and not just those earning less than Rs18,000 a month as it is now.
The Labour Code on Wages Bill seeks to empower the centre to fix a universal minimum wage for workers across the country. The new law is expected to benefit over 40 million employees across the country.
The Code will consolidate four different wage-related laws - the Minimum Wages Act, 1948, the Payment of Wages Act, 1936, the Payment of Bonus Act, 1965, and the Equal Remuneration Act, 1976.
The Second National Commission on Labour has recommended that the existing labour laws should be broadly grouped into four or five labour codes on functional basis. Accordingly, the ministry has taken steps for drafting four labour codes covering wages, industrial relations, social security and welfare, and safety and working conditions, respectively, by simplifying, amalgamating and rationalising the relevant provisions of the existing central labour laws.
Ministry of labour and employment has prepared a preliminary draft on Labour Code on Social Security 2017 by simplifying, amalgamating and rationalising the relevant provisions of the 15 existing central labour laws and placed on the website of the ministry on 16 March 2017, inviting comments of the public / stakeholders. The provisions of the Code on Social Security 2017 are under consideration.
The labour code when passed by Parliament will ensure higher and uniform wage across the country. The new law will not only affect competitiveness of trade and industry, but will also affect the ability of states to attract investments on the basis of lower wage rates.
Labour is on the concurrent list, so it is not clear if states will agree to the new proposals. While the move will be popular among trade unions and those currently employed, if implemented across the country, will disadvantage some firms, which would then opt to remain in the informal sector where policing wages is difficult.
According to the latest Economic Survey, 78 per cent of Indian firms employ under 50 workers and just 10 per cent employ more than 500 - the comparable figures for China are 15 per cent and 28 per cent, respectively .
With much smaller firms than China, India's quality suffers as a result. To this, add the cost of poor infrastructure - road transport, for instance, costs $7 per km versus $2.5 in China, and it takes 21 days to deliver goods from JNPT to the US east coast compared with 14 days for China.
States are expected to take into account local conditions, including local cost of living and availability of skills and also the need to attract investment. All of these go together. A uniform wage rate across the country will take way that advantage.
The centre, however, expects wage costs to even out across the country with GST bringing about some uniformity in product and commodity prices ad levelling living costs.
Brazil, which implemented a similar minimum wage law, suffered regional income disparities as a result forcing the country to approve some major changes to that country's labour code.
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Abe Dranetz 1922 – 2015
The Father of Power Quality
Abraham (Abe) Dranetz, born in Brockton, Massachusetts in 1922, received a BS degree in Electrical Engineering Magna Cum Laude in1944 from Tufts University. After serving for 2-1/2 years in the U.S. Army Signal Corps during World War II, he attended M.I. T., receiving an MS in Electrical Engineering in 1948.
In 1948 Mr. Dranetz joined Gulton Industries Inc., a young entrepreneurial New Jersey company which had started to develop and manufacture products based on the newly discovered piezoelectric effect in ferroelectric polycrystalline barium titanate ceramics. Dranetz’ first job as a research engineer was to evaluate these new ceramics for potential use in future sonar transducers many of which Gulton later supplied to the Navy and its prime contractors. With growing applications of these ceramics he personally designed the first barium titanate accelerometer and later designed and received patents for other piezoelectric transducers for measurement of shock and vibration, force and blast, and for ultrasonic microphones for TV remote control. As Gulton and its product lines grew, Dranetz was promoted to Chief Engineer of the Instrument Division, then to Director of Engineering of all the Gulton’s New Jersey activities, ultimately heading a staff of approximately 250 engineers and technicians. In 1958 he was appointed Vice-President of Gulton and General Manager of the Instrument Division, assuming the responsibility for development, manufacturing, test and sales for this Division.
In 1962 Mr. Dranetz left Gulton to start Dranetz Technologies, Inc. for which he served as President and Chairman of the Board throughout his tenure there. During the incubation period, in addition to being the principal designer of the Company’s first product, he became an independent transducer design consultant for several other organizations and also began to serve as a regular reviewer of transducer patents for the Journal of the Acoustic Society of America. The first Company product was a Complex Plane Impedance/Admittance Locus Plotter for analyzing sonar transducers while frequency scanning through their mechanical and acoustical resonances. After the prototype’s completion, Mr. Dranetz stopped his direct design activities and immediately began to market the product. In addition to his functions as President, Dranetz divided all of the Company’s operational functions with his partner with Mr. Dranetz assuming direct responsibility for all marketing, sales, and new product development. His partner assumed direct responsibility for manufacturing, purchasing and facilities. This arrangement, allowed Mr. Dranetz to keep very close to new product developments, remained substantially unchanged until he retired.
The first sonar testing product was f’ollowed by other sonar test systems and precision phase angle meters as well as relay testing instnlments for electric utility companies. In the early 1970’s, Mr. Dranetz initiated and closely supervised a feasibility study in 1974 that led to the Company’s Model 606 Power Line Disturbance Analyzer, a portahle powerline monitoring instrument for a real time alphanumeric printout of the description of each voltage and current aberration which could have upset a computer. This analyzer, one of the very early non-computer/calculator devices to utilize a microprocessor, used three new technologies- the Intel 2N4040 4 bit microprocessor with an external memory of 2000 bytes, a miniature switching type power supply, and a small 2 1/4″ thermal alphanumeric printer. This product was followed by a number of other new microprocessor based products, resulting in a rapid expansion in firmware and software development activities. Mr. Dranetz also encouraged and supported the development of technical courses and handbooks on power line quality and electrical energy usage management to support its customers.
Under Dranetz’ leadership the Company received a number of awards and recognitions. For its excellent growth in exporting, the company was awarded the “E Award” in 1978 by the U.S. Department of Commerce; and the “E-STAR award” in 1984. For several years Forbes Magazine listed the Company in its “Up and Comers” sections, and INC Magazine for several years included Dranetz in its lists of fastest growing small companies. In 1986 the Company was written up in the book “The 101 Best-Performing Companies in America” (by R. N. Paul & J. W. Taylor). In 1998 the company, which had been publicly traded since 1969, was purchased by Hawker Siddeley, a large British company. Before retiring, Mr. Dranetz remained with the Company for an additional year during which time he received the PCIM/PV award for “Pioneering in the Analysis of Electrical Disturbances”. Mr. Dranetz has authored numerous articles, was a contributor in the Shock and Vibration Handbook (by Crede & Harris), and has been awarded a number of patents on transducers. He has served on several ASA standards committees and has been a patent reviewer for the Journal of the Acoustical Society of America. He has been a member of the N.J. District Export Council of the U.S. Department of Commerce, encouraging and teaching other companies to export, and was a director of the Central Jersey Chamber of Commerce. He is currently a member of the Board of Overseers at Tufts University’s College of Engineering. Dranetz is also a member of Tau Beta Pi, a member of the American Institute of Electrical Engineers, a Fellow of the Acoustical Society of America, a Fellow of the American Society for the Advancement of Science and a member of the New Jersey Society of Professional Engineers.
Prepared by Saul Seltzer, PE 1999
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Home › Company
Founded in 1990, De Soto Sport (De Soto Clothing Company, Inc.) has established itself as one of the most visible brands of apparel at any triathlon around the world. Founded by former pro triathlete, Emilio De Soto II, the San Diego-based company leverages over 30 years of experience in international triathlon competition into every product it creates.
De Soto makes technical garments for men and women designed with comfort and style, most of which can be used for swimming, biking, and running, eliminating the need to change. De Soto also offers a complete line of workout apparel, accessories and gear all of which transcend well into many other sports and exercise.
Throughout the 1990s the majority of products designed by De Soto have become the original concept and basis for the products developed by competitors today. From the transition pack, to the trisuit and tri shorts with thin cycling pads, to tri jerseys with zippers, and run shorts with pockets...even the mesh running cap, were developed first by De Soto. De Soto is responsible for the innovation of more product categories in triathlon soft goods than any other brand.
In 2001, De Soto introduced the T1 Wetsuit, a revolutionary two-piece wetsuit designed not only to keep you warm in cold water, but also to correct your body position making swimming more efficient and faster. The two-piece concept allows a customer to buy a separate top and bottom to optimize proper fit. It also offers a modular method of purchasing pieces to either accommodate for varying water temperatures or simply to replace or upgrade to a newer model without having to buy a completely new wetsuit. Retailers who sell the T1 Wetsuit enjoy the convenience of fitting a wider range of body types without needing to commit to as much inventory as is necessary with one-piece wetsuits. The popularity of the T1 has grown progressively and is commonly referred to as the MAC of wetsuits in a PC world of one-piece wetsuits. De Soto remains the only company making a production two-piece wetsuit. The innovations continue to flow as new products are added to the T1 Wetsuit line each season.
In 2004, the company moved to its current location, a 30-year-old building the company bought and has remodeled on the inside with vibrant colors, soft lighting, fresh ocean breezes from sliding glass doors (instead of air conditioning), and a south facing balcony to enjoy the mild year-round San Diego climate.
In 2006 the De Soto Custom Team Apparel Program was announced. De Soto now offers a collection of their most popular garments customized with designs and graphics for teams as well as events. Every year there are hundreds of races, clubs, private, corporate, and university teams purchasing apparel with their unique graphics.
In 2007, Inside Triathlon Magazine (August) recognized Emilio as one of the top three most influential innovators in the sport. Included among this short prestigious list were Dan Empfield (formerly of QR, and now of slowtwitch.com) and Steve Hed (Hed Cycling Wheels).
In 2011, Apparel Magazine (May) chose De Soto as one of the most innovative apparel companies for De Soto's groundbreaking on-demand rollout of apparel products. Rather than introducing products by the season, De Soto has the capacity to innovate, design, manufacture, and bring a product to market as soon as it is ready. This helps to lower the strain on retailers who are concerned with steep cycles of inventory and cash turnover. De Soto was also recognized for the development of slimming garments that allow even the most novice triathletes to look lean and be aerodynamic.
In 2015, De Soto Sport is celebrating, as it has been in business for twenty five consecutive years, all under the same ownership. To celebrate and remain true to the sport, Emilio and Tracy are taking to the road for a "Back to Our Roots" Tour. The first stop was Tri-Palooza at Mission Bay, the birthplace of triathlon. In May, the dynamic duo attended Wildflower to converse with triathletes - both in terms of information and casually. Many triathletes stopped by to say hello. The road trip continued to Kona in October where there was more great camaraderie.
In 2016, expanded the in-house workforce to both control the quality where De Soto constantly strives to tower above others and also to provide jobs to real American families. De Soto also continued to expand its vivid prints and colors as it has expanded its manufacturing equipment to include state of the art sublimation and digital cutting/plotting machinery.
2016 also marked the rebirth of De Soto Europe with new headquarters in Overath, just outside of the beautiful city of Cologne. Centrally located in Germany as well as in Europe, the new website allow for easy ordering of De Soto Sport Products. Our great staff in Germany can be contacted here:
www.desotoeurope.com or email andy@desotoeurope.com
In 2017, De Soto, in keeping innovation at the forefront, introduced it's series of trisuits with a "fli" for men, in our "Flisuit" and a "Sneak-a-Poo" Femme trisuit. Being the first in the market to provide a trisuit where an athlete could relieve themselves easily is a very real problem and finding a solution was deeply satisfying to De Soto. Both were well received and continue to be the only bathroom-friendly trisuits on the market.
De Soto takes great pride in the fact that more than 95% of all De Soto products are made here in the USA. De Soto remains a small company with energetic, enthusiastic and friendly employees. Some are triathletes, some are not. The work environment, though casual in attire and filled with music, is extremely creative, constructive, and active.
De Soto is more than just a triathlon product manufacturer. The company is very involved with growing the sport through partnerships with athletes, coaches, clubs, universities, as well as with select non-profit organizations. In 2011, De Soto raised and donated over $30,000 to the victims of the disaster in Japan. In December of 2016, De Soto donated over $25,000 to Challenged Athlete Foundation. In 2017, De Soto organized a shoe drive for the victims of the United States hurricanes Harvey and Irma in Houston and Florida, respectively. Internationally, in 2017, De Soto chose to focus on the human rights crisis in Syria and for every order placed on #givingtuesday donated to the American Syrian Medical Association who is on the front lines, innovating and building underground hospitals to provide medical care to Syrians. This was in addition to the owners donating their own personal funds to the cause as well.
De Soto has a product line of approximately 75 different products designed with original and unique features including innovative fit, functionality, fabric, colors, and manufacturing technology. De Soto is never at a loss of ideas, only a lack of time to execute all of them. This makes for exciting times at this company.
De Soto customers are comprised of a small, sophisticated group of people who are athletic, professionally driven and put a big emphasis on value and quality. They do their research before buying any product, and form emotional relationships with the products they use, thus brand loyalty is strong toward a company like De Soto. They play as hard as they work, and they enjoy all the gifts this wonderful earth has to offer.
The success of this Company is evident in the satisfaction and brand loyalty by its retailers and its customers with great care and consideration. De Soto is known around the world for its ability to respond to the needs of their customers quickly and with great care and precision. De Soto's mission is to offer the best product with the best possible customer service in any market.
In business, the word "innovation" is often synonymous, not just with a product, but with the output of the process. In other words, just coming up with a new product does not make it innovative. It may be a great invention; something that never existed before, but if invention is the conversion of money into ideas, then innovation is the conversion of those ideas into money. In this current financial climate, innovation is a driving force of the economy, given that it leads to new products, new product categories, and increased productivity.
De Soto Sport Triathlon Company wants to do its part in driving the economy and of course, we all need to make money, but if you have had any interaction with us, you have learned and come to know that we do not want your money…we want your soul!
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Church DVD the focus of wall funds campaign
HERITAGE SITE: St Mary's Church in Mirfield.
Published: 09:57 Saturday 25 August 2018
The Friends of St Mary’s Community Heritage Site in Mirfield have launched a campaign to raise the £40,000 needed to repair the boundary wall on Dunbottle Lane.
The Grade 2 listed wall needs new foundations along both the collapsed sections and the adjacent walls which are in danger of falling down.
To kick-start the campaign, the friends are launching a video on the history of the church.
Written and presented by historian Frances Stott and filmed, edited and produced by Geoffrey Oliver, the DVD plays for 90 minutes.
It can be seen on Saturdays 8 and 15 September at the church throughout the day between 10.30 and 3pm as part of National Heritage weekend and the DVD will be available for sale for £10.
All the proceeds of the DVD sales will go towards the reconstruction of the wall.
Frances said: “We began by aiming to make a record of the renovations but realised we could produce a DVD which would help raise funds for this important heritage site so we included a brief history of Mirfield and the church.
“We were fortunate to be granted access to the tower by Maysand, who were undertaking the renovation, in order to view the work being carried out.”
During the renovation work on the tower the church took the opportunity to have the peel of ten bells removed.
Some were retuned and others completely replaced by Taylors of Loughborough.
Win for campaigners battling to keep a dentist in Ravensthorpe
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IFRC: South Asia’s 6m people under flood threat
‘Youth force will bring change in Bangladesh’s climate action’
Tribune Desk
Published at 12:21 am April 11th, 2019
File photo of State Minister for Youth Zahid Ahsan Russel Dhaka Tribune
State Minister for Youth focuses on the leading roles of youth on climate action
State Minister for Youth Zahid Ahsan Russel has participated in an interactive roundtable on “Youth 2030: Working with and for Young People”, organized by the United Nations in New York.
At the event on Tuesday, the state minister highlighted Bangladesh’s tremendous progress in youth empowerment, particularly in climate action under Prime Minister Sheikh Hasina’s leadership, reports UNB.
He said: “By strengthening resilience and adaptive capacity to climate-related hazards and natural disasters, we’ve tried to turn the energy, passion and inherent adaptability and mental strength of youth into a vital enabler to utilise them as an opportunity as well as agents of change in our climate action.”
He was positive about Bangladesh reaping its demographic dividend over the next couple of decades as one third of its population is youth.
According to a press release of Bangladesh Permanent Mission to the UN, Russel said, “Youth are at the forefront of various efforts for implementation of various SDGs, including SDG goal 13 - Climate Action.”
The event was hosted by UN Secretary–General’s Envoy on Youth Jayathma Wickramanayake.
Russel added, “As a proponent of climate action, Bangladesh has been included in one of the coalitions of UNSG's Climate Action Summit 2019.”
The state minister discussed the country’s efforts to tackle challenges of climate change, noting that the government has long been implementing homegrown adaptation and mitigation strategies, particularly focusing on women and youth.
“The youth, especially the volunteers, have been instrumental in Bangladesh’s efforts on disaster risk reduction in early warning of cyclone and emergency evacuation, effectively reducing deaths and injuries from natural disasters,” he added.
Russel focused on the leading role of youth in taking charge of on-the-ground climate action and their role on social media against climate change.
He said: “Youth-based clubs, alliances and organisations are also working on climate issues at the ground level. They are organising symposiums, rallies and conferences to raise awareness on issues of reducing GHG emissions, green technologies and encouraging use of renewable energy, like solar power.”
Russel is leading the Bangladesh delegation at 2019 ECOSOC Youth Forum of the UN.
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Todd Walker Honored as 2019 Young Professional of the Year
Presented by Sam’s Club of Easley, the Young Professional of the Year Award recognizes and honors an emerging leader who strives to meet the highest levels of personal and professional accomplishment, who devotes time and energy to their community, and who serves as a role model for other young leaders and professionals.
On March 14, the Greater Easley Chamber of Commerce was pleased to honor Todd Walker as its 2019 Young Professional of the Year.
Originally from Newberry, SC, Todd Walker graduated from Newberry College in 2003 and received a Masters in Health Administration from the Medical University of South Carolina in 2005. After earning his degree from MUSC, he served Oconee Memorial Hospital and Laurens County Memorial Hospital. In October 2016, he made his way to Easley to serve as Campus President of Baptist Easley Hospital.
During the past year, Mr. Walker has led an organization of 800+ employees through a merger with Prisma Health, along with a software upgrade to create fully integrated online medical records. Organizational and operational change can cause uncertainty, but he worked diligently with all employees to maintain morale and transparency. During this season of change and transition, he demonstrated patience, steadfastness and complete professionalism, not only to the internal staff members, but also to the community at large.
However, Mr. Walker’s leadership reaches far beyond the walls of the hospital. He is active in our community serving on boards for Tri-County Technical College Foundation, Cancer Society of Pickens County, and the Easley Chamber of Commerce. He also serves as a Y Mentor at McKissick Elementary, volunteers with Meals on Wheels of Pickens County as a driver to deliver meals, and was recently named Chairman of the 2019 March of Dimes campaign. He is also active in his local church and coaches his son’s basketball team.
Mr. Walker is a true servant leader, serving as a mentor and role model to offer guidance, support and empowerment to others.
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This Morning’s Bulletin — 7.16.19
Southold Releases Completed Comprehensive Plan
Between the Lines: Coming of Age in the Age of Rockets
East End Beacon
Dave’s Desk@Ditch
Fifty Shades of Green
Let’s Cook
Peconic Bathtub
Dave's Desk@Ditch
Dave’s Desk @ Ditch: Reading Into The Practice of Giving
September 12, 2017 Beth Young 1 Comment
Since leaving the hustle and bustle of the corporate world nearly 15 years ago, it’s not often, if ever, that I find myself perusing the Business and Industry section of the local bookstores or library as I once did regularly when searching for a good non-fiction read. Long gone are those rainy summer weekends spent completely immersed in the latest biography of a rising, success-driven entrepreneur or the machinations of rival tech start-ups competing for market share.
These days, if it doesn’t have relevance to my life-path on either a personal, soul-based level, or a theme of a “big picture” nature, such as social issues or the environment, chances are that it won’t make it into my hands.
How surprised then was I last week that, after spending the good part of an afternoon at the Montauk Library conducting research for an upcoming column, I left with a business-related book in hand. I was literally halfway out the front door of the building before stopping a moment to readjust the padding in one of my shoes. In order to gain some balance while lifting my leg, I supported myself by reaching over to the display of donated books in the entrance foyer. No sooner had I rectified the footwear issue than a fairly unassuming paperback seemingly jumped off the revolving rack and screamed, “Read me, now!”
The timing could not have been better, as its title, “Give and Take,” aligns with the topic of this month’s column. But interestingly enough, the book’s subtitle, “Why Helping Others Drives Our Success,” was what initially piqued my interest, and ultimately led to my taking it home.
As someone who has grown up in a family (both immediate and extended), filled with nurses, teachers, social workers, volunteer firefighters and the like, I haven’t had to look far to see substantive examples of “givers” who’ve chosen respectable, if not altruistic occupations to earn their living. I like to think that it’s been the bedrock, if not the common thread, that continues to course its way through the last three generations of our tight-knit, albeit prodigious tribe.
The author of this cutting-edge New York Times best-seller is The Wharton School’s highest-rated and youngest full professor, Adam Grant. He states, rather convincingly, “It’s tempting to reserve the ‘giver’ label for larger-than-life heroes such as Mother Teresa or Mahatma Gandhi, but being a giver doesn’t require extraordinary acts of sacrifice. It just involves a focus on acting in the interests of others, such as by giving help, providing mentoring, sharing credit, or making connections for others.”
Throughout the book, in an easy-to-read style using laymen’s terms, Mr. Grant cites in detail numerous case studies (primarily in business and work-place relations), that illustrate the effectiveness of implementing the “giver” approach, versus others such as “takers” and “matchers.” He adds, “If you’re a giver at work, you simply strive to be generous in sharing your time, energy, knowledge, skill, ideas, and connections with other people who can benefit from them.”
Contrary to conventional expectations, he goes on to explain how it manages to produce some of the most successful leaders; cutting across all categories of industry.
I’ve never been a big fan of the zero-sum theory (whereby someone’s gain is the direct result of another’s loss). Maybe that’s why I found Mr. Grant’s research and findings not only to be compelling, but also refreshingly hopeful and enlightening.
There are no shortage of corporations and organizations these days whose reputations have been sullied due to their “win-at-all-cost” mentality, in addition to a political arena that’s become so pervasive with an “all-or-nothing” mantra, to the point where an ever-increasing block of the electorate has chosen to tune out, if not avoid casting a ballot altogether. How such an advanced society as ours has arrived at this pivotal crossroad, I’ll leave up to the countless media pundits and think-tankers to pontificate amongst themselves and across the airwaves.
There are plenty of everyday methods that apply the giver style of social interaction, without the need for reciprocity. Volunteering, mentoring, or simply “being there” for someone to speak with, especially during times of difficulty and struggle, are all practical examples of putting the needs of others before one’s own. Giving doesn’t need to exist independently as an ideal “circumstance” or setting for its effectiveness to be realized; it can be innocuous, often with little or no recognition involved.
One of many ways in which I’ve personally tried to promote a more giving environment takes place daily in my preschool class. In addition to providing children ample opportunities to learn during active play, an essential component of our curriculum includes the availability of reading material, coupled with the encouragement and support for the free-flowing, open-ended verbal exchanges that take place during planned readings. Numerous studies corroborate this practice, as it serves to provide a foundation for creative self-expression and a myriad of other cognitive developmental functions.
The choices a parent or teacher makes when selecting which books to read when he or she wants to convey a particular message is an intentional process. One of the classics from my own childhood that continues to be universally recognized decades later is Shel Silverstein’s “The Giving Tree.” Though flawed in many respects (it has garnered its share of controversy over the 50+ years of existence, with some claiming it to be subversive, misogynistic, and a complete indictment of our social and environmental excesses), it does capture the essence of personal sacrifice and unselfish giving; albeit to an extreme.
It would be difficult to find a more touching example of selflessness than to view on YouTube Dr. Wayne Dyer’s retelling of a piece he affectionately refers to as “The Shaya Story.” Pulled from his best-selling book titled “The Power of Intention,” he shares with the PBS audience a sequence of events which take place on a schoolyard baseball field that caters to learning-disabled children. Not only does the story’s message appear to transcend all expectations; it is sure to leave you reaching for the box of tissues each and every time.
Dave Davis teaches preschool for the Head Start program at the Children’s Museum of the East End in Bridgehampton, and does much of his writing at Ditch Plains in Montauk. Two of his pieces appear in the 2016 anthology “On Montauk: A Literary Celebration.” He can be reached at ddavis@eastendbeacon.com.
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← This Morning’s Bulletin — 9.12.17
This Morning’s Bulletin — 9.13.17 →
Beth Young
Beth Young has been covering the East End since the 1990s. In her spare time, she runs around the block, tinkers with bicycles, tries not to drown in the Peconic Bay and hopes to grow the perfect tomato. You can send her a message at editor@eastendbeacon.com
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One thought on “Dave’s Desk @ Ditch: Reading Into The Practice of Giving”
Rosemary McKinley
Liked this article because I think it brings home the belief that being helpful to others in any way, shape or form is good for our society in the long run. In the short run, it gives us a sense of satisfaction that we extended ourselves in some way. We seem to need more of that.
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'Disorder': Top 5 Things You Need to Know
It has been over a year since “Disorder” bowed at the 2015 Cannes Film Festival and after what has felt like an eternity, writer/director Alice Winocour’s dramatic thriller starring Matthias Schoenaerts (“Far from the Madding Crowd”) and Diane Kruger (“The Infiltrator”), has finally arrived for American audiences to see and Eclectic Pop has narrowed down the Top 5 Things You Need to Know about this must-see movie.
#5 What It’s About
“Disorder” follows Vincent (Schoenaerts), a former soldier suffering from PTSD, who takes a job protecting a wealthy businessman’s wife (Kruger) and young son, as head of their security detail. Whilst keeping a watchful eye on them at their palatial mansion, peace and tranquility are soon disrupted, when the husband leaves and a possible threat arrives.
#4 How to Watch
As of now (8/13/16), “Disorder” is only available via Movies On-Demand. If you are a TWC customer with Roku, you will still have to use your Time Warner Cable set box to watch it.
#3 Trivia Tidbits
After starring in 4 back-to-back costume dramas, Matthias Schoenaerts returns to the present day for the first time since 2014’s “The Drop”. That crime drama reunited Schoenaerts with his "Bullhead" director, Michael R. Roskam and saw him star opposite Tom Hardy as the antagonist to Hardy's quiet bartender character.
"Disorder's" original title (“Maryland”) took its name from the ubiquitous mansion, which plays an integral role in the film's story.
Alice Winocour’s second directorial feature film, her first was the 2012 drama “Augustine”; which she also wrote.
After starring in 5 films in 2015, “Disorder” is Schoenaerts’ second and last film, expected for release in 2016.
“Disorder” is the third script by Alice Winocour to be made into a feature film. The second was “Mustang”, which was nominated for the Best Foreign Language Film award at the 2015 Oscars.
“Disorder” was screened in competition at the 2015 Cannes Film Festival in the Un Certain Regard. The winner of the Palm d’Or that year was “Dheepan”, which was directed by Jacques Audiard. Audiard directed Schoenaerts in “Rust and Bone”.
Matthias Schoenaerts and Alice Winocour have both contributed to movies that earned an Oscar-nomination for Best Foreign Language Film. Schoenaerts starred as the lead in the 2011 Flemish/French-language nominee “Bullhead”. While Winocour wrote last year’s Turkish-language nominee, “Mustang”.
#2 A Chance to See Actual Screen Chemistry between Leads
Expect a bit of forbidden flirtation between the lead characters in "Disorder" and for the actors portraying this scenario to actually bring the sparks necessary to make that realistic. Schoenaerts has stricken believable screen chemistry with every one of of his co-stars, something that has made him a casting go-to for romantic leads and Diane Kruger has a similar gift. Seeing these two share the screen is a film fan’s dream.
#1 Why You Should Watch
While the concept is highly intriguing, “Disorder” can count its greatest allure as its star, Belgian actor Matthias Schoenaerts. Schoenaerts is truly one of the best thespians currently working. It is a title he has earned thanks to such magnificent performances as his ones in the brooding “Bullhead” and in the following year’s riveting romantic drama “Rust and Bone”. In “Disorder” he stars in a role similar to the ones in his breakthrough efforts - as an edgy lead, carrying a volatile story with romantic underpinnings.
As an actor who has proven more than capable of portraying the range between primal abandon (“Blood Ties”, “The Drop”) and gentlemanly calm (“Far from the Madding Crowd”, “A Little Chaos”), his role in "Disorder" brings the opportunity to simultaneously play both. It is something few actors have the ability to pull off and Alice Winocour seems primed to that knowledge as well. She wrote the part in “Disorder” specifically for Schoenaerts.
Last year he starred in 5 movies; 4 of which were available in the U.S. (all of those landed on Eclectic Pop’s Best Films of 2015 list). However, “Disorder” marks his first role as a film’s central lead, since 2011. Here's to hoping it can start a new trend.
Labels: Far from the Madding Crowd, movies, Top 5
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Slane Castle
Slane Castle Slane Meath
T: +353 41 9820643 E: rhonda@slanecastle.ie Visit Website
Slane Castle is the residence of Ireland’s most famous aristocrat, Henry Conyngham, Earl of Mount Charles.
Slane Castle is set on the grounds of a 1,500 acre estate through which flows the River Boyne, a few kilometres upstream from the site of the Battle of the Boyne.
Following the Williamite War (1689 – 91) half a million Irish acres were confiscated from those who supported James II. The Conynghams purchased the estate in 1701 following the Williamite Confiscations. Prior to this the lands were in the posession of the Flemings, Anglo-Norman Catholics who supported the Jacobites. Slane Castle in its existing form was reconstructed under the direction of William Burton Conyngham, together with his nephew the first Marquess Conyngham.
The reconstruction dates from 1785 and was undertaken by the most distinguished architects of the day, most notably James Gandon who designed The Custom House and The Four Courts in Dublin and Francis Johnson who is responsible for the GPO, in Dublin. The parklands were laid out by the renowned landscape architect, Capability Brown known as “England’s greatest gardener”.
In 1991, a fire in the Castle caused extensive damage and completely destroyed the eastern wing facing the River Boyne. It re-opened to the public in 2001 following a ten-year restoration programme funded by the family.
Over the last quarter of a century Slane Castle has become internationally famous for its summer concerts. Its natural amphitheatre attracts 80,000 music fans annually.
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Drummer / Percussionist
Keith Moon, the celebrated original drummer for The Who, was born on August 23, 1946, in Harlesden, London, England. Moon was widely acclaimed as the greatest drummer in the history of rock. Brashly confident, he played quite differently to his peers, turning his massive kit into a lead instrument, and his up-front technique was crucial in establishing the Who’s passionate style. His playing ushered in an era wherein the drums became far more than simply a means of keeping the beat, and much of his recorded legacy from 1965–73 has a timeless quality that has never been repeated, let alone bettered. In this respect Keith Moon was to the drums what Jimi Hendrix was to the guitar — a complete original — and as such he was probably the most influential drummer the rock world has ever seen.
There was nothing in Keith’s humble background to suggest the extraordinary turn of events his life would take. He became a surf music fan as a schoolboy, took early lessons on drums as a teenager and played with three local bands in his native Wembley in north west London, The Escorts, Mark Twain & the Strangers, and The Beachcombers, before joining The Who in the spring of 1964. Shortly after Keith’s recruitment, The Who became managed by Kit Lambert and Chris Stamp whose energy and ambition focused the group.
Moon announced his arrival in spectacular fashion on the Who’s first real single "I Can’t Explain" (1965) on which his rifle-shot snare pre-empted Roger Daltrey’s leap into the chorus. Mostly, though, his foil was Pete Townshend with whom he developed an uncanny musical relationship, the product of which became one of The Who’s great trademarks: the chiming, bell-like, open-stringed power chord, cross cut against pounding drums and bass and allowed to feedback on itself and drone into a wall of electronic discord.
Moon’s drumming is outstanding throughout the group’s debut album My Generation and on several 60s singles, most notably "Happy Jack" (1966) and "I Can See For Miles" (1967), but it is on the double album Tommy (1969) that his talents are best utilised. On Townshend’s celebrated rock opera he becomes an orchestra within himself, driving the band along with an intelligence and sureness of touch that defies analysis. On Who’s Next (1971) Moon is reined in somewhat but his playing on the bridge on "Behind Blue Eyes" and throughout both "Bargain" and "Won’t Get Fooled Again" ranks with anything he ever did.
The Who’s greatest strength, though, was in concert and by the end of the Sixties they were justifiably billing themselves as “the most exciting rock band in the world”. To this Moon contributed an almost superhuman energy, his hands and feet battering his kit into submission night after night, the relentless power of The Who in full flight spiralling out from his arms and legs.
Moon’s kit was the biggest in rock, at one stage boasting at least 10 tom-toms, twin bass drums, twin timpani, snare, half-a-dozen cymbals and a gong. With this vast array of percussion at his command, he adopted a peculiar style wherein he pointed his sticks downwards and, as John Enwtistle once remarked: “He didn’t play from left to right or right to left, he’d play forwards. I’ve never seen anyone play like that before or since.” Keith was also a virtuoso showman, twiddling his drumsticks between his fingers and flamboyantly tossing them into the air and, occasionally, catching them when they fell. He developed an on-stage image as a wise-cracker and often ad-libbed comical asides between numbers, and like Pete he took an almost manic delight in wrecking his equipment at the close of a concert, especially in the group’s early days.
At the same time Keith was rock’s wildest character in the Sixties and Seventies, an unapologetic freewheeling hedonist whose lifestyle became synonymous with the mad, carefree image of the rock star at large. He courted the press and became notorious as ‘Moon The Loon’, the incorrigible clown who respected no authority whatsoever and never knew the meaning of the word embarrassment. As the Who became massively popular worldwide, so Keith Moon became a celebrity, not just as a drummer, but as the mad jester to rock’s high court whose exploits included cross-dressing, elaborate practical jokes and a much-publicised episode when he and his great friend Vivian Stanshall of the Bonzo Dog Band visited a London beerkeller dressed in Nazi SS uniforms. Keith’s Chertsey home, Tara House, became the venue for many memorable parties, not least the 1971 launch of Who’s Next.
When The Who slowed down and Pete Townshend sought creative outlets elsewhere, Keith moved to California and took cameo roles in several movies, most notably in That’ll Be The Day (1973) and its sequel Stardust (1974), as the drummer in a fictitious rock band led by David Essex. He also completed a solo album, Two Sides Of The Moon (1975). He moved back to the UK in 1977 to play on Who Are You, his last recorded work with The Who.
Keith Moon died on September 7, 1978, from an accidental overdose of the prescription drug Heminevrin, prescribed to combat alcoholism; he was 32. Moon died in the same flat in Curzon Place in London’s Mayfair (belonging to Harry Nilsson) that Mama Cass had passed away in during 1974. On the eve of his death, Moon had been at a screening of The Buddy Holly Story during the Paul McCartney-sponsored, annual Buddy Holly week.
View Calendar Event
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How to Use Social Media after You’ve Applied for a…
Job Search: Pros and Cons of Online Social Networking
How to Request Endorsements via LinkedIn
How to Obtain Recommendations for Your First Job
How to Get Help from Family and Friends in Your…
How to Use Social Media after You’ve Applied for a Job
Job Searching with Social Media For Dummies, 2nd Edition
By Joshua Waldman
After you’ve applied for a job with an organization, you still have some work to do. Remember that at least 16 other people are likely to apply for the same position (according to the U.S. Bureau of Labor Statistics); in some cases, up to 300 people may apply for one position (according to some job boards).
Although you may be qualified, your application may not even be looked at. Do the following after submitting your application in order to lend it a helping hand:
Go radio silent on your Twitter account and other networks in regards to that company. Companies aren’t happy when candidates talk about the fact that they’ve applied to a job or about private conversations they’ve had with their staff. Now that you’ve applied, let things fall where they may. Private correspondence is fine, however.
E-mail any contacts you’ve made during your info interviewing and your discussions with hiring managers. Let them know that you applied, that you’re available to answer any questions, and that you’re more passionate than ever before about the possibility of working with them based primarily on their generosity of time and information.
If you really want to know where your application stands, follow the company on LinkedIn and pay attention to whether any new hires have been added recently. If you see someone has taken the position you just applied to, move on.
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Ionic Bonds: Why and How Ions Are Formed
How to Use Empirical Formulas to Find Molecular Formulas
The Common Types of Chemical Reactions
How to Make Unit Conversions
How to Convert between Units Using Conversion Factors
Ionic bonding is the type of bonding that holds salts together. To better understand why and how ions — atoms that have a charge due to the loss or gain of electrons — are formed, you can study what happens during the chemical reaction to create salt.
The components: sodium and chlorine
The process of creating table salt is pretty remarkable. You take two substances that are both very hazardous, and from them you make a substance that’s necessary for life:
Sodium is an alkali metal, a member of the IA family on the periodic table. The Roman numerals at the top of the A families show the number of valence electrons (s and p electrons in the outermost energy level) in the particular element. So sodium has 1 valence electron and 11 total electrons because its atomic number is 11.
Chlorine is a member of the halogen family — the VIIA family on the periodic table. It has 7 valence electrons and a total of 17 electrons.
You can use an energy level diagram to represent the distribution of electrons in an atom. The energy level diagram for sodium and chlorine is shown in the following figure.
Energy level diagram for sodium and chlorine.
Instead of using the energy level diagram to represent the distribution of electrons in an atom, you can use the electron configuration. Write, in order, the energy levels being used, the orbital types (s, p, d, and so on), and — in superscript — the number of electrons in each orbital.
Here are the electronic configurations for sodium and chlorine:
The chemical reaction
The noble gases are the VIIIA elements on the periodic table. They’re unreactive because their valence energy level (outermost energy level) is filled. Achieving a filled (complete) valence energy level is a driving force in nature in terms of chemical reactions, because that’s when elements become stable. They don’t lose, gain, or share electrons.
The other elements in the A families on the periodic table do gain, lose, or share valence electrons in order to fill their valence energy level and become stable.
Because this process, in most cases, involves filling the outermost s and p orbitals, it’s sometimes called the octet rule — elements gain, lose, or share electrons to reach a full octet (8 valence electrons: 2 in the s orbital and 6 in the p orbital).
Sodium’s role
Sodium has one valence electron; by the octet rule, it becomes stable when it has eight valence electrons. Two possibilities exist for sodium to become stable:
It can gain seven more electrons to fill energy level 3.
It can lose the one 3s electron so that energy level 2 (which is filled at eight electrons) becomes the valence energy level.
In general, the loss or gain of one, two, or sometimes even three electrons can occur, but an element doesn’t lose or gain more than three electrons. So to gain stability, sodium loses its 3s electron.
At this point, it has 11 protons (11 positive charges) and 10 electrons (10 negative charges). The once neutral sodium atom now has a single positive charge [11(+) plus 10(-) equals 1+]. It’s now an ion. And ions that have a positive charge (such as sodium) due to the loss of electrons are called cations.
You can write an electron configuration for the sodium cation:
Chlorine’s role
Chlorine has seven valence electrons. To obtain its full octet, it must lose the seven electrons in energy level 3 or gain one at that level. Because elements don’t gain or lose more than three electrons, chlorine must gain a single electron to fill energy level 3.
At this point, chlorine has 17 protons (17 positive charges) and 18 electrons (18 negative charges). So chlorine becomes an ion with a single negative charge. The neutral chlorine atom becomes the chloride ion. Ions with a negative charge due to the gain of electrons are called anions.
The electronic configuration for the chloride anion is:
Ending up with a bond
Sodium can achieve its full octet and stability by losing an electron. Chlorine can fill its octet by gaining an electron. If the two are in the same container, then the electron sodium loses can be the same electron chlorine gains.
The transfer of an electron creates ions — cations (positive charge) and anions (negative charge) — and opposite charges attract each other. The sodium cation attracts the chlorine anion and forms the compound NaCl, or table salt.
This is an example of an ionic bond, which is a chemical bond (a strong attractive force that keeps two chemical elements together) that comes from the electrostatic attraction (attraction of opposite charges) between cations and anions.
The compounds that have ionic bonds are commonly called salts. In sodium chloride, a crystal is formed in which each sodium cation is surrounded by six different chloride anions, and each chloride anion is surrounded by six different sodium cations. The crystal structure is shown in the following figure. Notice the regular, repeating structure.
Crystal structure of sodium chloride.
Different types of salts have different crystal structures. Cations and anions can have more than one unit of positive or negative charge if they lose or gain more than one electron. In this fashion, many different kinds of salts are possible.
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Product Tag - United Kingdom
View cart “Boys Behind Bars (2013)” has been added to your cart.
Le Week-End (2013)
Nick and Meg Burrows return to Paris, the city where they honeymooned, to celebrate their 30th wedding anniversary and rediscover some romance in their long-lived marriage. The film follows the couple as long-established tensions in their marriage break out in humorous and often painful ways.
Morrissey 25:Live (2013)
Filmed live during Morrissey’s most intimate gig in decades at the Hollywood High School in Los Angeles on 2 March 2013, this is the first authorised Morrissey film for nine years and marks 25 years of the solo career of one of the world’s most iconic and enigmatic performers. The film opens with fans talking about their unwavering devotion to the singer and the unique appeal of this unusual venue – a striking contrast to the sold out arena concert at the Staples Center on the previous night. Tickets to the concert in the 1,800-seater school auditorium were sold out in 12 seconds and this now legendary concert became Morrissey’s penultimate performance on the US Tour. Featuring many classic tracks from the artist’s prolific repertoire including Meat Is Murder, Everyday Is Like Sunday, Please, Please Please Let Me Get What I Want and The Boy With The Thorn In His Side, Morrissey 25: Live is an unmissable cinema event for fans worldwide.
The Patrol (2013)
Afghanistan, 2006, Helmand Province becomes one of the most dangerous places on Earth as the British Army is deployed into the Taliban heartland. The Operation, Herrick, became synonymous with the struggle as British troops fought a losing battle against this unseen enemy.
Delicious (2013)
Recently released from prison, French chef Jacques pursues an obsession — to leave his past behind and work for the great British chef Victor Ellwood. He knows Victor had an affair with his mother and may even be his dad. Working for iron-fisted Victor is back-breaking, but his existence is softened by the presence of a curious girl living in the downstairs flat. As he falls in love with her, he realises she not only has an aversion to restaurants, but food of all kinds. Is her eating disorder a force too resilient for anything, even love to cure?
Late at Night: Voices of Ordinary Madness (2013)
‘You have no choice about being here, you’ll have no choice about when you leave’ proclaims a woman in Xiaolu Guo’s latest film, a documentary about the personal and physical journeys of the people of London’s East End. Herself an immigrant to the area, Guo’s sensitive character studies hint at an affinity with the push and pull of feelings of alienation, a theme she has previously explored as a filmmaker (She a Chinese, LFF 2009) and novelist (A Concise Chinese-English Dictionary for Lovers). This empathy is also apparent in her playful stylistic approach that layers Warhol-esque news reports, archival material and a soundtrack including Linton Kwesi Johnson and Fela Kuti, to comment on the human cost of capitalism. The resulting film is both a penetrating portrait of a frenetic place that feels deeply authentic, and a powerful piece of protest film.
Weaverfish (2013)
After spending the night partying at a condemned river creek, the atmosphere is soon lost for quiet teenager Reece and his friends. Headaches and heartaches give way to a terrifying race back to civilisation as a grossly disfiguring virus takes hold on the most vulnerable.
Trashtastic (2013)
A collection of Trailers from Low Budget Underground Horror Movies from across the globe
The Do Gooders (2013)
British documentary filmmaker Chloe Ruthven’s grandparents were aid workers in Palestine. Growing up, she had avoided getting too involved in the subject, recalling how mention of the country made all the adults in her life angry. In her forties, after revisiting her grandmother’s book on the subject, she starts to research a documentary on the effects of foreign aid in the area and is shocked at the continued reliance on it there. Along the way she meets Lubna, a Palestinian woman who acts as her driver and fixer, and who is fiercely critical of Western aid efforts in her country. What begins as a quest to better understand her family history turns into a deeply emotional account of two women trying to understand one another. Ruthven’s determination to focus her film on deeply subjective analysis results in a unique joining of the acutely personal and complexly political. (Source: LFF programme)
Lauren and her younger brother Harvey risk being taken into care when their grandmother, who is their legal guardian, becomes ill. Lauren accepts the offer of a scholarship to a prestigious sports academy on the understanding that she and Harvey stay together while living with Janice, her duplicitous and ambitious agent. It soon becomes clear that there are plans to split the pair up; when Harvey runs away to find their long-lost grandfather, who hasn’t been heard from for years, Lauren follows. En route the pair discover that, despite all their differences, when they are side by side they are strong enough to deal with anything. This beautifully shot British debut is part family drama, part coming of age story and a road trip that nods towards some of the greats of children’s literature. The young leads give compelling and moving performances that make for an emphatically British family film that’s refreshingly free of even the hint of a franchise. (Source: LFF programme)
Not Another Happy Ending (2013)
When a struggling publisher discovers his only successful author is blocked he knows he has to unblock her or he’s finished. With her newfound success, she’s become too damn happy and she can’t write when she’s happy.The only trouble is, the worse he makes her feel, the more he realises he’s in love with her.
L'Assenza (2013)
L’Assenza (2013)
A man becomes obsessed by the sight of his own double in an Italian film from the early 1960s.
Boys Behind Bars (2013)
Darrell is a well trained prison bitch looking forward to a night alone in his cell getting jacked on the drugs he’s had smuggled in, when a riot erupts on the floors above. To separate the offenders, three of the inmates are placed in Darrell’s cell. Always up for a laugh, Darrell teases, flirts and annoys his fellow cellies Seth & Lanks, until a new boy is placed with them and becomes prey to these wild animals. Nothing short of offensive and disgusting, these boys are savage and hell bent on abusing, insulting, and degrading each other throughout the night. 4 Boys, One Room, & Pure Hell in the Cell, this trashy British arthouse, throwback captures the reality of the 80s.
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January 4, 2016 January 4, 2016 Alex
Huawei Mate S Review – Smartphone with Great Camera
The Mate S features a similar full metal body design to past Huawei high-end devices, but comes with an updated build including a curved rear and 2.5D Corning Gorilla Glass 4. Huawei says that the curvature has allowed it to thin the edges and yet keep an overall profile of just 7.2mm. The result is a handset which is great to look at and surprisingly easy to hold. Looking around the device, the volume rocker and the power button are found on the right side of the device. All the buttons are very responsive, easy to press, and offer a good amount of tactile feedback. Although the phone comes with a double-tap Knuckle gesture to switch the phone on, this becomes redundant once you have the fingerprint reader configured. Up top is the headphone jack and a microphone, and at the bottom is the micro USB port, flanked by two grills, giving the appearance of a dual speaker setup, even though it is actually only a single speaker on the right side. Above the display is a speaker grill, along with front-facing camera with a flash. On the back is the camera sensor, coupled with a dual-tone LED flash, and the fingerprint reader.
Display and Force Touch
The Huawei Mate S sports a full 1080p HD 5.5in display that looks crisp, clear and bright thanks to the 105 percent colour saturation and a high contrast ratio, and has a pixel density of around 401ppi. For those of you that are constantly breaking your phone screens, you’ll be happy to know that Corning’s 2.5D Gorilla Glass 4 protects the Mate S display, which Corning claims its 2x tougher than competing glass technologies when dropped. The 2.5D glass allows the edges of the display to be curved instead of straight, which allows for a smoother overall finish and feels great when swiping near the edge of the display. However, it’s not just the addition of Gorilla Glass 4 and a FHD display that make the Huawei Mate S fascinating – the 64GB variations features force touch technology, much like what’s used on the Apple Watch and the iPhone 6S. Force Touch offers similar services to the iPhone 6S’ better known 3D Touch. It lets the display detect how hard you press down and provides differing responses as a result. On the Huawei Mate S, Force Touch has three main functions, and they’re all gimmicky. First, you can press down harder on photos to zoom in, but this only works in Huawei’s stock Gallery app. Second, you can use it to replace the three navigation buttons with a hard press. Third, you can weigh stuff by putting it on the Mate S’ screen. zooming in and out of photos by differing the amount of pressure applied to the display works very well. It’s fast and accurate, but for Force Touch to succeed it needs to be supported by other apps.
The Huawei Mate S comes packing a Huawei-customised version of Android 5.1.1 Lollipop, which includes some interesting features not available on standard Android devices. The first is the notification centre, which is accessed by swiping down from the top of the screen – as well as being able to access various toggles, you can swipe right to access a timeline view of all your notifications over the last 24 hours. It also comes with a Power usage firewall that’ll highlight any power-intensive apps that are draining your battery. From the menu, you’re able to quickly disable the background processes completely, or tweak exactly what the app can do in the background. The Huawei Mate S also offers an interesting way to interact with your phone – by knocking on it. The smartphone includes knuckle touch control 2.0, which can be set up to wake up your phone whenever you tap on it with your knuckle, and you can also use your knuckle to crop photos and take screenshots anywhere in the OS. Interestingly, you can also use knuckle touch to crop videos – simply double tap to start the recording, and double tap to stop it. It’ll create a new video file with your shorter video instead of directly overwriting the original. You can also use your knuckle to draw gestures on-screen that act as shortcuts to various apps. For example, you can draw a C to open the camera or a B to open the internet browser, although these can be customised to open any app that you want.
The Mate S is powered by Huawei’s own 64-bit HiSilicon Kirin 935 octa-core processor, a Mali T628 MP4 GPU and 3GB RAM. The trio combines to great effect. If you’re worrying that it doesn’t have 4GB RAM, like the Galaxy Note 5 or OnePlus 2, then don’t. I’ve opened up 20 apps and hopping between didn’t create lag of any kind. It handles games easily, both intensive titles like Real Racing 3 and less power hungry ones like Monument Valley. Swiping around homescreens, browsing Chrome and working with emails is also all handled with ease. In Geekbench 3 it scores 722 for single-core performance and 2719 on the multi-core. The scores put it below the the Samsung Galaxy S5, Kindle Fire HDX and only marginally above the Nexus 5 from 2013. To put it further into perspective, the Galaxy Note 5 scores 5014 on the multi-core test and the LG G4 hits 3260. It scores an equally middling 4,4768 in AnTuTu Benchmark v5.7.1. Real life performance is far more important than what the benchmarks say, so I wouldn’t worry about the results. This is a fast phone that manages games and day-to-day use with ease. In terms of internal storage, you can choose between 32GB, 64GB and 128GB but it can be increased further thanks to the microSD card slot. If you don’t want to add expandable storage, this slot can also be used as a second sim tray.
The Huawei Mate S comes with a 13 MP rear camera that includes a 4-color RGBW imaging sensor and Optical Image Stabilization. Also, the camera housing is scratch proof thanks to sapphire protection. The camera app includes some nice features to enhance the shots you can take like super night mode, panorama, HDR, and time-lapse. slow motion, a food mode to make pictures of food look more appetizing, and more. There is also a light painting mode, for long exposure shots. The built-in filters include car light trails, for capturing the trails of lights made by moving cars at night; light graffiti, for capturing trails of light in a dark environment; silky water, for silky smooth effects from running water; and star track, to capture the trails of stars and galaxies in the night! Image quality is excellent and the camera is capable of taking some really good shots with a good amount of detail and saturated colors. As with most smartphone cameras, the best results comes from well-lit environments however, indoor and low-light shots from the Mate S are actually quite good. If there is one weakness it seems that the image processor reacts too strongly to bright red. The handset is capable of videoing Full HD in 16:9 from both the front and rear cameras, however, as you would expect, OIS is only available via the rear camera. The 8 MP front-facing camera is coupled with a flash, which is more like a dim flashlight, but can be good to get a little bit of light into the shot. The quality of shots possible with the front camera is also impressive, with nice colors and lots of detail, but as expected, some graininess is seen in poorly-lit environments. There is a whole set of beauty mode features, so the selfie lover will not be disappointed by what can be achieved with a little bit of digital magic.
If you’re looking for a phone that will offer more than a day of use, the Huawei Mate S isn’t for you. Huawei made a song and dance about the stepped battery design it’s implemented for the Mate S, allowing it to fit in more capacity. The Mate S packs a non-removable 2,700 mAh battery power pack. With a full HD display there will be less strain on the Mate S battery, and Huawei is promising more than a day of usage from a single charge.
The Mate S is a really good phone, with its beautiful display, good battery life, and great camera. The fingerprint scanner on the rear is impressive, the camera is stuffed full of features and it’s coming in cheaper than the core flagships on the market. Performance is smooth and snappy for the most part, and while EMUI isn’t like stock Android, the slew of shortcuts and gestures available enable a good experience.
Previous Huawei G8 Review
Next LG V10 review – Raising the bar on camera control
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Home / Civilian / New Center to Help Wounded Warriors Opens in Bethesda
New Center to Help Wounded Warriors Opens in Bethesda
David J. Barton June 28, 2010 Civilian, News
Now Bethesda won’t be famous for its boutiques and bars alone.
As of last week, this part of Montgomery County, Md., houses the new National Intrepid Center of Excellence, which will improve the ability of military and civilian healthcare providers to treat traumatic brain injuries and psychological disorders in war veterans, said Deputy Defense Secretary William J. Lynn in a opening ceremony last Thursday.
Located on the National Naval Medical Center grounds, the center is one of six created under the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury, established in 2007 to lead Department of Defense work on brain science and treatment in collaboration with the Department of Veterans Affairs, as well as academic and other institutions. It will serve as a hub for service members and their families to get better diagnosis and treatment plans than are available at their local military installation, Lynn said.
“The need for such an institution could not be more pressing as our military approaches its 10th year at war,” Lynn said.
The deputy secretary noted that although there have been advancements in medical care and equipment have allowed more service members to survive combat injuries, many troops are coming back with brain injuries and psychological problems. Studies show that more than 10 percent of military members who served in Iraq suffered concussions, and at least 12 percent show significant signs of combat stress, depression or similar issues, Lynn said.
“They’ll need care long after the wars are over,” he added.
The department has done other things to promote mental health, including appointing directors of psychological health in every state to offer consistent service to National Guard members and their families and adding more than 2,000 mental-health providers, Lynn said.
Finally, he said, the department continues to emphasize to service members their careers will not be jeopardized for seeking mental-health treatment.
“No one is more supportive of the mission of the center” than Defense Secretary Robert M. Gates, Lynn said, adding that Gates deeply regretted he had to cancel his appearance at the ceremony due to the situation surrounding the need for a change of command in Afghanistan.
Tags National Intrepid Center of Excellence Robert M. Gates William J. Lynn
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Home Colleges Faculty Faculty-ON Hamirpur Himachal Pradesh National Institute of Technology Teaching National Institute of Technology, Hamirpur, Wanted Assistant Professor / Associate Professor
National Institute of Technology, Hamirpur, Wanted Assistant Professor / Associate Professor
Authour Duraimani Time Tuesday, August 28, 2018
Faculty-ON
Job Post Date: 28th August 2018
National Institute of Technology, Hamirpur has advertised for recruitment of Assistant Professor(Grade I) / Associate Professor jobs vacancies. Interested and eligible job aspirants are requested to apply on or before 30th September 2018. Check out further more details below.
Name of the College: National Institute of Technology, Hamirpur
About College: National Institute of Technology Hamirpur is one of the twenty NITs of the country, established in 1986 as Regional Engineering College, as a joint and cooperative enterprise of the Govt. of India and Govt. of Himachal Pradesh. The goals of the institute as embodied in the logo are truly remarkable in their scope of vision. The college provide Undergraduate, Postgraduate and Doctorate Education in Engineering, Sciences & Humanities; fostering the spirit of national integration among the students, a close interaction with industry and a strong emphasis on research, both basic and applied. It has been given the status of Deemed University.
Assistant Professor (Grade I)
Centre for Material Science and Engineering
Centre for Energy and Environment Engineering
Management and Humanities
PG with Ph.D in relevant department
Job Location: Hamirpur, Himachal Pradesh
Assistant Professor: Rs.101500/- per month
Associate Professor: Rs.139600/- per month
Application Fee: Rs.1000/- except SC / ST / PWD / Women candidates
How to pay application fee:
How to Apply: Interested and eligible candidates are requested to follow the instructions provided below.
To Download Application Format: Click Here
The Registrar,
National Institute of Technology Hamirpur,
Hamirpur - 177005, HP, India.
Last Date : 30th September 2018
Website: http://nith.ac.in/wp-content/uploads/2018/08/advertAsso_Assist-1.pdf
Reference: Advertisement published in official website. Click Here for details
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UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
NICHOLAS H. POLITAN
DISTRICT JUDGE
FEDERAL BUILDING & U.S. COURTHOUSE
50 WALNUT ST, ROOM 5076
NEWARK, N.J. 07101-0999
FOR PUBLICATION
THE ORIGINAL OF THIS LETTER OPINION AND ORDER
IS ON FILE WITH THE CLERK OF THE COURT
Vincent C. Scoca, Esq.
Bloomfield, NJ 07003
Norris E. Gelman, Esq.
The Public Ledger Building
620 Chestnut Street, Suite 940
Attorneys for Defendant
Nicodemo S. Scarfo
Richard M. Roberts, Esq.
Attorney for Defendant
Frank Paolercio
Ronald D. Wigler, Assistant
United States Attorney
ROBERT J. CLEARY, UNITED
Re: United States v. Nicodemo S. Scarfo, et al.
Criminal Action No. 00-404 (NHP)
Dear Counsel:
This matter comes before the Court on Defendant Nicodemo S. Scarfo's ("Scarfo") pretrial motion for discovery and suppression of evidence. The Court heard oral argument on July 30, 2001 and again on September 7, 2001. Co-defendant Frank Paolercio ("Paolercio") joined in the motion. The government thereafter moved to invoke the Classified Information Procedures Act. For the following reasons, the Defendants' motion for discovery is granted in part and denied in part, and the motion to suppress evidence is denied.
This case presents an interesting issue of first impression dealing with the ever-present tension between individual privacy and liberty rights and law enforcement's use of new and advanced technology to vigorously investigate criminal activity. It appears that no district court in the country has addressed a similar issue. Of course, the matter takes on added importance in light of recent events and potential national security implications.
The Court shall briefly recite the facts and procedural history of the case. Acting pursuant to federal search warrants, the F.B.I. on January 15, 1999, entered Scarfo and Paolercio's business office, Merchant Services of Essex County, to search for evidence of an illegal gambling and loansharking operation. During their search of Merchant Services, the F.B.I. came across a personal computer and attempted to access its various files. They were unable to gain entry to an encrypted file named "Factors."
Suspecting the "Factors" file contained evidence of an illegal gambling and loansharking operation, the F.B.I. returned to the location and, pursuant to two search warrants, installed what is known as a "Key Logger System" ("KLS") on the computer and/or computer keyboard in order to decipher the passphrase to the encrypted file, thereby gaining entry to the file. The KLS records the keystrokes an individual enters on a personal computer's keyboard. The government utilized the KLS in order to "catch" Scarfo's passphrases to the encrypted file while he was entering them onto his keyboard. Scarfo's personal computer features a modem for communication over telephone lines and he possesses an America Online account. The F.B.I. obtained the passphrase to the "Factors" file and retrieved what is alleged to be incriminating evidence.
On June 21, 2000, a federal grand jury returned a three- count indictment against the Defendants charging them with gambling and loansharking. The Defendant Scarfo then filed his motion for discovery and to suppress the evidence recovered from his computer. After oral argument was heard on July 30, 2001, the Court ordered additional briefing by the parties. In an August 7, 2001, Letter Opinion and Order, this Court expressed serious concerns over whether the government violated the wiretap statute in utilizing the KLS on Scarfo's computer. Specifically, the Court expressed concern over whether the KLS may have operated during periods when Scarfo (or any other user of his personal computer) was communicating via modem over telephone lines, thereby unlawfully intercepting wire communications without having applied for a wiretap pursuant to Title III, 18 U.S.C. § 2510.
As a result of these concerns, on August 7, 2001, this Court ordered the United States to file with the Court a report explaining fully how the KLS device functions and describing the KLS technology and how it works vis-ý-vis the computer modem, Internet communications, e-mail and all other uses of a computer. In light of the government's grave concern over the national security implications such a revelation might raise, the Court permitted the United States to submit any additional evidence which would provide particular and specific reasons how and why disclosure of the KLS would jeopardize both ongoing and future domestic criminal investigations and national security
interests.
The United States responded by filing a request for modification of this Court's August 7, 2001, Letter Opinion and Order so as to comply with the procedures set forth in the Classified Information Procedures Act, Title 18, United States Code, Appendix III, § 1 et seq. ("CIPA"). This request, of course, presented a new wrinkle into what had been an already intriguing case. Defendant Scarfo objected to the government's request, alleging that the United States did not make a sufficient showing that the information concerning the KLS had been properly classified.
In response to Scarfo's objection, the United States submitted the affidavit of Neil J. Gallagher, Assistant Director, Federal Bureau of Investigation, dated September 6, 2001. In his affidavit, Mr. Gallagher stated that the characteristics and/or functional components of the KLS were previously classified and marked "SECRET" at or around November 1997.
The Court heard oral argument on September 7, 2001, to explore whether the government may invoke CIPA and, specifically, whether the government had classified the KLS. Although the defense conceded that the KLS was classified for purposes of CIPA,See footnote 11 the Court reserved on that question and ordered the government to provide written submissions to the Court. The government then filed an ex parte, in camera motion for the Court's inspection of the classified material.
On September 26, 2001, the Court held an in camera, ex parte hearing with several high-ranking officials from the United States Attorney General's office and the F.B.I. Because of the sensitive nature of the material presented, all CIPA regulations were followed and only those persons with top-secret clearance were permitted to attend. Pursuant to CIPA's regulations, the United States presented the Court with detailed and top-secret, classified information regarding the KLS, including how it operates in connection with a modem. The government also demonstrated to the Court how the KLS affects national security.
After reviewing the classified material, I issued a Protective Order pursuant CIPA on October 2, 2001, wherein I found that the government could properly invoke CIPA and that the government made a sufficient showing to warrant the issuance of an order protecting against disclosure of the classified information. The October 2, 2001, Protective Order also directed that the government's proposed unclassified summary of information relating to the KLS under Section 4 of CIPA would be sufficient to allow the defense to effectively argue the motion to suppress. Accordingly, the Protective Order permitted the government to provide Scarfo with the unclassified summary statement in lieu of the classified information regarding the KLS. Pursuant to Section 6(d) of CIPA, the Court also sealed the transcript of the September 26th ex parte, in camera hearing and the government's supporting Affidavits. The government filed with the Court and served on Scarfo the unclassified summary on October 5, 2001, in the form of an October 4, 2001, Affidavit of Randall S. Murch, Supervisory Special Agent of the Federal Bureau of Investigation, Laboratory Division (the "Murch Affidavit").
Having the benefit of the September 26th ex parte, in camera hearing and the many supplemental submissions of the parties, the Defendants' motion for discovery and suppression is now ripe for resolution.
Defendants Scarfo and Paolercio advance several arguments in moving to suppress certain evidence seized by the FBI. The Defendants first contend that the KLS constituted an unlawful general warrant in violation of the Fourth Amendment to the Constitution. In addition, the Defendants, after reviewing the government's unclassified summary, i.e., the Murch Affidavit, argue that the Murch Affidavit is inadequate under CIPA and would conflict with the United States Supreme Court decision of Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103 (1957). Lastly, Defendants urge the Court to suppress the evidence because the KLS effectively intercepted a wire communication in violation of Title III, 18 U.S.C. § 2510.
I. General Warrant
Scarfo argues that since the government had the ability to capture and record only those keystrokes relevant to the "passphrase" to the encrypted file, and because it received an unnecessary over-collection of data, the warrants were written and executed as general warrants. This claim is without merit.
Typically, the proponent of a motion to suppress bears the burden of establishing that his Fourth Amendment rights were violated. See United States v. Acosta, 965 F.2d 1248, 1257 n.9 (3d Cir. 1992) (citing Rakas v. Illinois, 439 U.S. 128 , 130 n.1, 99 S.Ct. 421, 58 L.Ed.2d 387 (1979)). The standard of proof in this regard is a preponderance of the evidence. See United States v. Matlock, 415 U.S. 164, 178 n.14, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974) ("[T]he controlling burden of proof at suppression hearings should impose no greater burden than proof by a preponderance of the evidence.").
It is settled that at a hearing on a motion to suppress, "the credibility of the witnesses and the weight to be given the evidence, together with the inferences, deductions and conclusions to be drawn from the evidence, are all matters to be determined by the trial judge." United States v. McKneely, 6 F.3d 1447, 1452-53 (10th Cir. 1993). See also United States v. Matthews, 32 F.3d 294, 298 (7th Cir. 1994); United States v. Cardona-Rivera, 904 F.2d 1149, 1152 (7th Cir. 1990); Government of the Virgin Islands v. Gereau, 502 F.2d 914, 921 (3d Cir. 1974), cert. denied, 420 U.S. 909, 95 S.Ct. 829, 42 L.Ed.2d 839 (1975).
The Fourth Amendment states that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." U.S. CONST. amend. IV. Where a search warrant is obtained, the Fourth Amendment requires a certain modicum of particularity in the language of the warrant with respect to the area and items to be searched and/or seized. See Torres v. McLaughlin, 163 F.3d 169, 173 (3d Cir. 1998), cert. denied, 528 U.S. 1079, 120 S.Ct. 797, 145 L.Ed.2d 672 (2000). The particularity requirement exists so that law enforcement officers are constrained from undertaking a boundless and exploratory rummaging through one's personal property. See United States v. Johnson, 690 F.2d 60, 64 (3d Cir. 1982) (citing Coolidge v. New Hampshire, 403 U.S. 443, 467, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971)), cert. denied, 459 U.S. 1214, 103 S.Ct. 1212, 75 L.Ed.2d 450 (1983).
From a review of the two Court Orders authorizing the searches along with the accompanying Affidavits, it is clear that the Court Orders suffer from no constitutional infirmity with respect to particularity. Magistrate Judge Donald Haneke's May 8, 1999, Order permitting the search of Scarfo's computer clearly states that Judge Haneke found probable cause existed to believe that "Nicodemo S. Scarfo has committed and continues to commit offenses in violation of Title 18, U.S.C. §§ 371, 892-94, 1955 and § 1962." See Judge Haneke's May 8, 1999 Order, at ¶ 1. That Order further stated that there was "probable cause to believe that Nicodemo S. Scarfo's computer, located in the TARGET LOCATION, is being used to store business records of Scarfo's illegal gambling business and loansharking operation, and that the above mentioned records have been encrypted." See Judge Haneke's May 8, 1999 Order, at ¶ 3.
Because the encrypted file could not be accessed via traditional investigative means, Judge Haneke's Order permitted law enforcement officers to "install and leave behind software, firmware, and/or hardware equipment which will monitor the inputted data entered on Nicodemo S. Scarfo's computer in the TARGET LOCATION so that the F.B.I. can capture the password necessary to decrypt computer files by recording the key related information as they are entered." See Judge Haneke's May 8, 1999 Order, at pp. 4. The Order also allowed the F.B.I. to search for and seize business records in whatever form they are kept (e.g., written, mechanically or computer maintained and any necessary computer hardware, including computers, computer hard drives, floppy disks or other storage disks or tapes as necessary to access such information, as well as, seizing the mirror hard drive to preserve configuration files, public keys, private keys, and other information that may be of assistance in interpreting the password)-- including address and telephone books and electronic storage devices; ledgers and other accounting-type records; banking records and statements; travel records; correspondence; memoranda; notes; calendars; and diaries_- that contain information about the identities and whereabouts of conspirators, betting customers and victim debtors, and/or that otherwise reveal the origin, receipt, concealment or distribution of criminal proceeds relating to illegal gambling, loansharking and other racketeering offenses. See Judge Haneke's May 8, 1999 Order, at pp. 4-5.
On its face, the Order is very comprehensive and lists the items, including the evidence in the encrypted file, to be seized with more than sufficient specificity. See Andresen v. Maryland, 427 U.S. 463, 480-81, 96 S.Ct. 2737, 2748-49, 49 L.Ed.2d 627 (1976) (defendant's general warrant claim rejected where search warrant contained, among other things, a lengthy list of specified and particular items to be seized). One would be hard- pressed to draft a more specified or detailed search warrant than the May 8, 1999 Order.See footnote 22 Indeed, it could not be written with more particularity. It specifically identifies each piece of evidence the F.B.I. sought which would be linked to the particular crimes the F.B.I. had probable cause to believe were committed. Most importantly, Judge Haneke's Order clearly specifies the key piece of the puzzle the F.B.I. sought _ Scarfo's passphrase to the encrypted file.
That the KLS certainly recorded keystrokes typed into Scarfo's keyboard other than the searched-for passphrase is of no consequence. This does not, as Scarfo argues, convert the limited search for the passphrase into a general exploratory search. During many lawful searches, police officers may not know the exact nature of the incriminating evidence sought until they stumble upon it. Just like searches for incriminating documents in a closet or filing cabinet, it is true that during a search for a passphrase "some innocuous [items] will be at least cursorily perused in order to determine whether they are among those [items] to be seized." United States v. Conley, 4 F.3d 1200, 1208 (3d Cir. 1993). See also United States v. Carmany, 901 F.2d 76 (7th Cir. 1990) (upholding seizure of unregistered handgun found in filing cabinet while validly executing warrant to discover evidence relating to cocaine distribution charges) United States v. Fawole, 785 F.2d 1141, 1145 (4th Cir. 1986); United States v. Santarelli, 778 F.2d 609, 615-16 (11th Cir. 1985) (search warrant entitled agents to search for documents, i.e., records of loansharking activity, etc., and agents were entitled to examine each document in bedroom or in filing cabinet to determine whether it constituted evidence they were entitled to seize under warrant); United States v. Issacs, 708 F.2d 1365, 1368-70 (9th Cir.), cert. denied, 464 U.S. 852, 104 S.Ct. 165, 78 L.Ed.2d 150 (1983); United States v. Christine, 687 F.2d 749, 760 (3d Cir. 1982).
Hence, "no tenet of the Fourth Amendment prohibits a search merely because it cannot be performed with surgical precision." Conley, 4 F.3d at 1208 (quoting United States v. Christine, 687 F.2d 749, 760 (3d Cir. 1982)). Where proof of wrongdoing depends upon documents or computer passphrases whose precise nature cannot be known in advance, law enforcement officers must be afforded the leeway to wade through a potential morass of information in the target location to find the particular evidence which is properly specified in the warrant. As the Supreme Court stated in Andresen, "the complexity of an illegal scheme may not be used as a shield to avoid detection when the [government] has demonstrated probable cause to believe that a crime has been committed and probable cause to believe that evidence of this crime is in the suspect's possession." Andresen, 427 U.S. at 482, 96 S.Ct. at 2749 n.10. Accordingly, Scarfo's claim that the warrants were written and executed as general warrants is rejected.
II. Jencks Argument
Scarfo next contends that the use of the Murch Affidavit would pose a direct conflict with the Supreme Court's decision in Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103 (1957). For several reasons, this claim also lacks merit.See footnote 33
The plainest answer to Scarfo's invocation of Jencks is that it simply does not apply in this context. The Jencks Act, which bears its name from the famous Jencks Supreme Court ruling, requires the government to disclose prior recorded statements of its witnesses, when related to the subject matter of their testimony, after each witness testifies on direct examination. See 18 U.S.C.A. § 3500(b); United States v. Weaver, 267 F.3d 231, 245 (3d Cir. 2001). Its primary purpose is to allow the defense to utilize on cross-examination a government witness' prior testimony or statements to impeach the witness. See Goldberg v. United States, 425 U.S. 94, 107, 96 S.Ct. 1338, 1346, 47 L.Ed.2d 603 (1976). Here, the discovery sought by Scarfo does not involve a government witness, but rather the KLS device. Hence, no Jencks conflict arises.See footnote 44
As the Court will explain more fully below, Scarfo will not be "crippled" in his ability to defend himself in the prosecution of this case if his discovery request is denied. The Court has determined that, pursuant to Section 4 of CIPA, the unclassified summary in the form of the Murch Affidavit will provide Scarfo with all the information that is necessary to litigate this motion.
Defendant Scarfo is also mistaken in asserting that the government's obligation to produce and disclose information during the course of the criminal discovery process is absolute. Although typically the government owes an ongoing duty to disclose information to the defense, the Congress has, by statute, carved out exceptions. CIPA is one such example.
III. CIPA
In relation to his argument that the KLS unlawfully intercepted a wire communication, Scarfo disputes the government's insistence that the Murch Affidavit is sufficient for purposes of litigating the suppression motion. Since the Court's October 2nd Protective Order deemed the Murch Affidavit sufficient for purposes of adjudicating this motion, Scarfo in essence asks the Court to reconsider that ruling.
Congress enacted CIPA on October 15, 1980, to address the issues which accompany criminal prosecutions involving national security secrets. CIPA establishes certain pretrial, trial and appellate procedures regarding the handling of classified information in criminal cases and protects against disclosure of sensitive, classified information. Section 1(a) of CIPA defines the term "classified information" as follows:
any information or material that has been determined by the United States Government pursuant to an Executive order, statute, or regulation, to require protection against unauthorized disclosure for reasons of national security and any restricted data, as defined in paragraph r. of section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
The term "national security" is defined in Section 1(b) of the Act as "the national defense and foreign relations of the United States."
Section 2 allows "any party [to] move for a pretrial conference to consider matters relating to classified information that may arise in connection with the prosecution." Section 6(a) sets forth the procedure for hearing a motion in a case involving classified information:
Within the time specified by the court for the filing of a motion under this section, the United States may request the court to conduct a hearing to make all determinations concerning the use, relevance, or admissibility of classified information that would otherwise be made during the trial or pretrial proceeding. Upon such a request, the court shall conduct such a hearing. Any hearing held pursuant to this subsection . . . shall be held in camera if the Attorney General certifies to the court in such petition that a public proceeding may result in the disclosure of classified information. As to each item of classified information, the court shall set forth in writing the basis for its determination. Where the United States' motion under this subsection is filed prior to the trial or pretrial proceeding, the court shall rule prior to the commencement of the relevant proceeding.
After hearing such a motion, Section 4 permits the court, upon a sufficient showing, to authorize the United States to substitute a summary of the information the defendant seeks for the classified documents. This section also authorizes the court to seal and preserve in the records of the court the entire text of the statement.
Section 6(c) also prescribes a similar procedure for the disclosure of classified information. Under Section 6(c), the government may seek an order permitting the substitution for the classified information of a summary statement of the specific classified information. Where the court finds that the summary will provide the defendant with substantially the same ability to make his defense as would disclosure of the specific classified information, the court shall allow the government to file the summary in lieu of complete disclosure of the classified information. Section 6(d) authorizes the court to seal the record of any in camera hearings held pursuant to CIPA.
Pursuant to CIPA, the United States requested a hearing in order to block the disclosure of supposedly classified information concerning the KLS technique. The Court held an in camera, ex parte hearing on September 26, 2001, to assess the classified nature of the KLS and the sufficiency of the unclassified summary proposed by the government. Prior to the September 26th in camera, ex parte hearing, and as expressed during the September 7th hearing, the Court was not satisfied that the KLS was properly classified as defined by CIPA. Nor was the Court at the time content with the United States' conclusory and generalized expressions of concern that revelation of the KLS would compromise the national security of the United States.
However, as a result of the September 26th in camera, ex parte hearing, the Court is now satisfied that the KLS was in fact classified as defined by CIPA. The Court also concludes that under Section 4 and 6(c) of CIPA the government met its burden in showing that the information sought by the Defendants constitutes classified information touching upon national security concerns as defined in CIPA. Moreover, it is the opinion of the Court that as a result of the September 26th hearing, the government presented to the Court's satisfaction proof that disclosure of the classified KLS information would cause identifiable damage to the national security of the United States. The Court is precluded from discussing this information in detail since it remains classified.
Further, upon comparing the specific classified information sought and the government's proposed unclassified summary, the Court finds that the United States met its burden in showing that the summary in the form of the Murch Affidavit would provide Scarfo with substantially the same ability to make his defense as would disclosure of the specific classified information regarding the KLS technique. The Murch Affidavit explains, to a reasonable and sufficient degree of specificity without disclosing the highly sensitive and classified information, the operating features of the KLS. The Murch Affidavit is more than sufficient and has provided ample information for the Defendants to litigate this motion. Therefore, no further discovery with regard to the KLS technique is necessary.
IV. Whether the KLS Intercepted Wire Communications
The principal mystery surrounding this case was whether the KLS intercepted a wire communication in violation of the wiretap statute by recording keystrokes of e-mail or other communications made over a telephone or cable line while the modem operated. These are the only conceivable wire communications which might emanate from Scarfo's computer and potentially fall under the wiretap statute.
Upon a careful and thorough review of the classified information provided to the Court on September 26th and the Murch Affidavit, the Court finds that the KLS technique utilized in deciphering the passphrase to Scarfo's encrypted file did not intercept any wire communications and therefore did not violate the wiretap statute, Title III, 18 U.S.C. § 2510. I am satisfied the KLS did not operate during any period of time in which the computer's modem was activated.
Scarfo's computer contained an encryption program called PGP (Pretty Good Privacy), which is used to encrypt or scramble computer files so that decrypting or unscrambling the files requires use of the appropriate passphrase. According to the Murch Affidavit, in order to decrypt an encrypted file, the PGP software displays on the user's computer screen a "dialog box." See Murch Aff., ¶ 3. The user then must enter, via the keyboard, the "passphrase" into the dialog box. See id. When the proper passphrase is entered, PGP verifies that the passphrase is correct and, after several steps, leads to the decryption of the selected file. See id.
The KLS, which is the exclusive property of the F.B.I., was devised by F.B.I. engineers using previously developed techniques in order to obtain a target's key and key-related information. See Murch Aff., ¶ 4. As part of the investigation into Scarfo's computer, the F.B.I. "did not install and operate any component which would search for and record data entering or exiting the computer from the transmission pathway through the modem attached to the computer." Murch Aff., ¶ 5. Neither did the F.B.I. "install or operate any KLS component which would search for or record any fixed data stored within the computer." See id.
Recognizing that Scarfo's computer had a modem and thus was capable of transmitting electronic communications via the modem, the F.B.I. configured the KLS to avoid intercepting electronic communications typed on the keyboard and simultaneously transmitted in real time via the communication ports. See Murch Aff., ¶ 6. To do this, the F.B.I. designed the component "so that each keystroke was evaluated individually." See id. As Mr. Murch explained:
The default status of the keystroke component was set so that, on entry, a keystroke was normally not recorded. Upon entry or selection of a keyboard key by a user, the KLS checked the status of each communication port installed on the computer, and, all communication ports indicated inactivity, meaning that the modem was not using any port at that time, then the keystroke in question would be recorded.
Murch Aff., ¶ 6.
Hence, when the modem was operating, the KLS did not record keystrokes. It was designed to prohibit the capture of keyboard keystrokes whenever the modem operated. See Murch Aff., ¶ 15. Since Scarfo's computer possessed no other means of communicating with another computer save for the modem, see Murch Aff., ¶ 6, the KLS did not intercept any wire communications.See footnote 55 Accordingly, the Defendants' motion to suppress evidence for violation of Title III is denied.
Lastly, because the Court has determined that the Murch Affidavit is sufficient to argue the suppression motion, Scarfo's request for the discovery items listed in Dr. Farber's Affidavit is denied. Scarfo also asks, in the alternative, for the Court to certify these issues for appeal to the Court of Appeals for the Third Circuit. Although Section 7 of CIPA provides for interlocutory appeals, it appears to only permit the United States to appeal in the event of an adverse ruling. And the general statute permitting interlocutory appeals, 28 U.S.C. 1292(b), deals exclusively with civil actions. Nor would the collateral order doctrine permit an interlocutory appeal here, since this issue is readily reviewable on appeal in the event of a final judgment. See Flanagan v. United States, 465 U.S. 259, 265, 104 S.Ct. 1051, 1055, 79 L.Ed.2d 288 (1984).
In fact, interlocutory appeals during a criminal prosecution are typically limited to three narrow classes of cases: denial of a motion to dismiss based on the Double Jeopardy Clause, requiring the posting of excessive bail, and violations of the Speech or Debate Clause. See United States v. Miller, 14 F.3d 761, 764-65 (2d Cir. 1994) (citing cases). See also United States v. Helmsley, 864 F.2d 266, 268-70 (2d Cir. 1988) (dismissing appeal as not falling within any of the three types of criminal cases meeting the collateral order exception), cert. denied, 490 U.S. 1065, 109 S.Ct. 2063, 104 L.Ed.2d 628 (1989). Consequently, there appears to be no mechanism by which this Court could certify a question to the Third Circuit. And even if the Court could certify this issue to the Third Circuit it would not be inclined to do so.
Let there be no doubt that the courts are indeed the last bastions of freedom in our society and serve to protect the individual liberty rights embedded in our Constitution. The right to be free of unreasonable searches and seizures, the right to privacy and the right to a fair trial are among the most cherished of these rights. The Court's ruling herein is in consonance with these treasured ideals. The Congress has spoken through CIPA and determined that certain classified pieces of information implicate national security concerns to such a degree that disclosure of such information would seriously compromise United States' national security interests. In this way, CIPA strikes a balance between national security interests and a criminal defendant's right to discovery by allowing for a summary which meets the defendant's discovery needs.
In this day and age, it appears that on a daily basis we are overwhelmed with new and exciting, technologically-advanced gadgetry. Indeed, the amazing capabilities bestowed upon us by science are at times mind-boggling. As a result, we must be ever vigilant against the evisceration of Constitutional rights at the hands of modern technology. Yet, at the same time, it is likewise true that modern-day criminals have also embraced technological advances and used them to further their felonious purposes. Each day, advanced computer technologies and the increased accessibility to the Internet means criminal behavior is becoming more sophisticated and complex. This includes the ability to find new ways to commit old crimes, as well as new crimes beyond the comprehension of courts. See Eric J. Sinrod, William P. Reilly, Cyber-Crimes: A Practical Approach to the Application of Federal Computer Crime Laws, 16 SANTA CLARA COMPUTER & HIGH TECH. L.J 177, 178-79 (2000). As a result of this surge in so-called "cyber crime," law enforcement's ability to vigorously pursue such rogues cannot be hindered where all Constitutional limitations are scrupulously observed.
Accordingly, the Defendants' motion for discovery is granted in part and denied in part; specifically, the Defendants' request for the complete disclosure of the classified information is denied, but the motion is granted insofar as they are entitled to receive the unclassified summary in the form of the Murch Affidavit. The Defendants' motion to suppress evidence is denied.See footnote 66
For the foregoing reasons, the motion to suppress evidence by Defendants Scarfo and Paolercio be and hereby is DENIED. The motion for discovery by Defendants Scarfo and Paolercio be and hereby is GRANTED IN PART and DENIED IN PART. Specifically, the Defendants' request for complete disclosure of the classified information concerning the KLS is DENIED. The Defendants are entitled to discovery consisting of the summary in the form of the Murch Affidavit.
IT IS SO ORDERED:
U.S.D.J.
Footnote: 1 1 The defense argued the KLS was not classified "properly." See Transcript of September 7, 2001, hearing at 6:19-20.
Footnote: 2 2 The second Order to search Scarfo's premises issued by Judge Haneke, dated June 9, 1999, contains identical language as the May 8, 1999 Order, and merely served to extend the period of the search for another thirty days.
Footnote: 3 3 The Court notes in passing that in a legal memorandum addressing the instant motion submitted to and received by the Court on August 1, 2001, Scarfo's counsel conceded that "Jencks remedies do not appear to be directly available . . . ." See Supplemental Brief of Defendant Nicodemo S. Scarfo, at 15.
Footnote: 4 4 Neither does a Brady conflict exist, since the October 2nd Protective Order expressly states that "none of the material sought to be protected constitutes material that is subject to disclosure under Brady v. Maryland, 373 U.S. 83 (1963)." See Protective Order dated October 2, 2001.
Footnote: 5 5 In addition, since all of the PGP program's functions and operations originated from the computer's hard drive, all actions involving either encryption or decryption occurred only within Scarfo's computer, and not on some other networked computer connected via modem. See Murch Aff., ¶ 8.
Footnote: 6 6 Two other minor arguments by Scarfo also fail. The fact that a Bill called the Cyberspace Electronic Security Act ("CESA") of 1999 died in Congress before being acted upon has no relevance here. Moreover, the fact that the government may have revealed its "sniffer log program" in an unrelated Seattle case is of no moment. First, it appears that the copy of the affidavit used in that case references a software program called "winwhatwhere," which can be purchased by anyone in retail stores or at "winwhatwhere's" website. See www.winwhatwhere.com. Secondly, that affidavit does not reveal any information at all about how the program works, but rather only states that the program was used by F.B.I. agents.
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Home > Interviews
An interview with Ann Leckie
Ann Leckie was recently named the 28th winner of the Arthur C Clarke award, which celebrates the best new science fiction in Britain. Winning with her debut novel Ancillary Justice, Leckie beat Kameron Hurkey, Phillip Mann, Ramez Naam, Christopher Priest and James Smythe on this year's shortlist and joined the ranks of previous winners, including Margaret Atwood, China Mieville and Lauren Beukes.
An epic world-spanning tale of revenge and determination, Ancillary Justice kicks off a new space saga where one human possessing the AI of a warship has to overcome the limitations of being able to only control one body instead of thousands, and take down those that destroyed it.
Leckie says she has loved sci fi since she was young, particularly 'the sheer space of it – not just “outer space”, but the epic hugeness that's possible. I also love the way science fiction can take real life details and transform them, rearrange and combine them in a way that can leave you seeing things in a new way,' she explains. 'And of course, I love epic adventure and explosions as much as the next girl, and those are often part of the deal!'
She says she started building worlds and stories early on, with her first genre love being the American fantasy and sci fi author Andre Norton. 'I regret not writing her before she died, to tell her how important her books had been to my young self,' says Leckie. 'I also feel I owe a debt to Jack Vance and CJ Cherryh.'
After having short stories published in Subterranean Magazine, Strange Horizons and Realms of Fantasy, Ancillary Justice was published by Orbit last year.
Ancillary Justice, betrayed and trapped in a human body, tells the story in first person and forms an interesting and complex protagonist; not human but not completely machine, driving the story forward with both unintentional humour and a determined desire for annihilation.
Leckie says that the character of Justice and all the AI ships arose out of the world and it felt right to have Justice tell the story. Designed to control both the ship and its own large number of ancillary bodies (humans who fell foul of the expanding Radchaai empire and are corpse soldiers stored until the AI needs to take them over) the ship AIs have been made to be detached from their captains after some went rogue when their captains died, but do have emotions to make them better at working alongside humans. On why she felt Justice needed emotions rather than just being a machine, Leckie says: 'I think some readers are still experiencing [Justice] as “emotionless” and finding it difficult to connect with her on that account, even though it's more a question of her not speaking directly about those emotions. But I built her (and the other AI ships) with emotions for practical, in-world reasons, before I ever started writing. For one thing, it seems to me that increasingly we're finding that emotion is an important part of cognition, not some separate system that, if we could be rid of it, would cease to interfere with our thinking. And for another, human bodies are part of the ships' bodies (at least the ones who still have ancillaries), and human bodies experience emotion. So I could either find some way to remove or work around those things, or I could use them.
'Maybe more importantly, if Justice of Toren has no emotion, there's no story,' she continues. 'It doesn't care about what happened, and maybe One Esk Nineteen [the ancillary body Justice becomes trapped inside] would carry out its orders, but that would be the end of it. It's the emotion that drives the story to begin with. This is, by the way, a problem I see with the assertion that the “objective” view of various problems (social problems, say) is the superior one. Objectively, nothing really matters – in a thousand years' time we'll all be dead anyway. You can only be objective about something you don't actually care about, that you have no stake in, at which point it's so easy to completely dismiss all kinds of things. So to insist that the “objective” view is the right one is to insist that a problem doesn't actually matter.'
In addition to Justice's reserved character, Leckie has also made the Radchaai language gender neutral, represented by the use of 'her / she' for both male and female characters as the story is told in the first person by Justice. This leads to amusing exasperation from Justice when it has to speak in other languages and have a guess at whether the person she's speaking or referring to is male or female, and also raises interesting points from a reader's point of view as to how a character is perceived differently once you find out that a character originally thought of as female is actually male. This has been a problem for some reviewers who find it too confusing. Asked whether there were any strong motivations behind this decision to have a lack of gender pronouns, Leckie says that she is actually surprised that more people weren't put off by it and that's been a pleasant surprise.
'Just playing around with world building, before I ever started writing, I wanted the Radchaai not to care about gender,' she explains. 'I don't know why, it just seemed like it might be fun. And once I started writing, it became clear that this presented challenges. Which is the writer-definition of fun, I suppose.
'I had, as I saw it, a few possible ways to deal with writing from the perspective of a culture that didn't care about gender,' she continues. '“They” was a distinct possibility, but while I am a huge supporter of singular “they” in general, it didn't feel right doing that for an entire novel. (I'm hoping to see someone pull that off, though!) In the end, I went with “she” because it was familiar – every sentence would be easily comprehended for most readers, without the extra effort of interpreting an unfamiliar pronoun – but contested the masculine default that we're so used to.
'I found I really liked the combination of the familiar with the strange that it produced,' says Leckie, 'but I also realized that not every reader would like that, so I spent some time considering if I really wanted to do that, and if the book would be damaged (in my estimation) if I took that out. I anticipated being asked to assign genders to everyone and use the appropriate pronouns, so I figured I should be sure in my mind whether or how far I might be willing to compromise. In the event, it wasn't a problem and has turned out to be something a lot of readers enjoyed.'
A sequel to Ancillary Justice, Ancillary Sword, is due to be published in October this year and Leckie says that this will expand the action into Radchaai space. However, for now she is still coming to terms with the fact her debut novel has won the Arthur C Clarke Prize: 'I was flabbergasted enough to see Ancillary Justice shortlisted, right alongside such amazing books!' she says. 'The day the winner was announced I was all set to congratulate the author of the winning book, very relaxed and pleased about the whole thing. When someone tweeted the announcement I was… extraordinarily surprised is an understatement.
'I'm still kind of just saying “OMG” about it. But I have to admit, it's kind of awesome!'
For more information on Ann Leckie and her writing, visit: www.annleckie.com.
Ann Leckie books reviewed
They made me kill thousands, but I only have one target now.The Radch are conquerors to be feared - resist and they'll turn you into a 'corpse soldier' -...
Breq is a soldier who used to be a warship. Once a weapon of conquest controlling thousands of minds, now she only has a single body and serves the emperor she swore to des...
For a moment, things seemed to be under control for Breq, the soldier who used to be a warship. Then a search of Athoek Station's slums turns up someone who shouldn'...
The Raven Tower
For centuries the kingdom of Iraden has been protected by a god known as the Raven. But in their hour of need, the Raven speaks nothing to its people. It is into this unres...
Recommended fantasy series
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Hidden fantasy book gems
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© 2006-2019 Fantasy Book Review
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Severe Tropical Cyclone Donna
Tropical Cyclone Donna was an out-of-season cyclone that broke records in May 2017.
03 May 2017 20:20 UTC–08 May 06:20 UTC
Metop-A, Himawari-8
AVHRR, AHI
Visible Channel
By Sancha Lancaster and Jose Prieto (EUMETSAT) and HansPeter Roesli (Switzerland)
Donna started as a disturbance before being officially classed as a Tropical Cyclone by the Joint Typhoon Warning Center (JTWC) on 2 May.
By 06:00 UTC on 3 May it had reached Category 1 on the Australian tropical cyclone scale and was named 'Donna' by the Fiji Meteorological Service (FMS). Figure 1 (top right, click to expand) is the Metop-A AVHRR view of the cyclone over Vanuatu and the Solomon Islands, east of Australia, on 3 May at 23:16 UTC.
Figure 2: Himawari-8 band 14, 6 May 00:00 UTC
Despite some evidence of wind shear along the northern fringes of the storm, it began to clear an eye late on 4 May and on 6 May at 00:00 UTC Donna reached its first peak as a Category 4 cyclone (equivalent to a Category 3 hurricane), see the Himawari-8 band 14 image (Figure 2). Tropical Cyclone Donna's progress can be followed in the Himawari-8 Band 14 (11 µm) animation from 3 May 20:20 UTC–6 May 03:50 UTC (MP4, 4 MB).
By 7 May the cyclone had a solid ring of deep convection surrounding a well-defined 55 km (35 mi) eye.
The FMS upgraded Donna to a Category 5 cyclone (equivalent to a Category 4 hurricane) at 00:00 UTC on 8 May, estimating that the storm possessed 10-minute sustained winds of 205 km/h (127 mph).
Figure 3: Himawari-8 VIS0.64, 8 May 03:00 UTC
View image on Google Earth
As a result, Donna became the strongest off-season tropical cyclone on record during the month of May in the South Pacific basin.
The eye is clearly defined on the Himawari-8 Visible imagery, see Figure 3 and the animation from 3 May 03:00–06:20 UTC (MP4, 4 MB).
Tropical Cyclones Donna and Ninteen (EUMETSAT Flickr)
Cyclone Donna in the South Pacific Ocean (CIMSS Blog)
Tropical Cyclone Donna Impacts New Caledonia After Battering Vanuatu For Days (The Weather Channel)
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European affairs >
Saudi Arabia-Iran tensions threaten world security, former minister tells euronews
The diplomatic rupture between Tehran and Riyadh – following the execution of a prominent Shi’ite cleric by Saudi authorities – threatens world security, a former Iranian official has warned.
It looks as if the players sleep-walk towards a crisis that can explode out of control because of a minor incident.. and lead to an irreversible war between the two sides
Ahmad Salamatian, who was Deputy Minister of Foreign Affairs shortly after the Iranian revolution, discussed the possible implications of current tensions with euronews’ Fariba Mavaddat.
Fariba Mavaddat, euronews: “Mr Salamatian, this has gone beyond diplomatic tit for tat, do you think Iran and Saudi Arabia will be able to control the situation?”
Ahmad Salamatian: “The problems between Iran and Saudi Arabia in the region have mounted to such an extent that it has brought the situation to one that is comparable to the situation before major wars in the 20th century, such as the First World War.
“It looks as if the players sleep-walk towards a crisis that can explode out of control because of a minor incident, like an execution or an assassination, and lead to an irreversible war between the two sides.”
euronews: “What do the two sides expect from each other?”
Ahmad Salamatian: “It is a crisis relating to leadership over the region, while nations are themselves are in a huge crisis because of the Arab Spring.
“In this situation, autocratic governments and dictatorships are being questioned. To add to the problem, the crisis between Iran and Saudi Arabia extends from Yemen to Syria, from Lebanon to Bahrain, and all over this vital region of the world.
“And these two powers (Iran and Saudi Arabia), whether intentionally or unintentionally, see themselves as standard bearers of geopolitical, religious and political leadership. Any incident in this volatile situation can take things out of control.”
euronews: “The tension between Iran and Saudi Arabia, what will be the impact of this on the Syrian crisis?”
Ahmad Salamatian: “If the heat of the crisis doesn’t cool, the next conference on the Syrian crisis, and finding a timetable for the resolution of this, should be considered null and void.
“Without the minimum agreement between Iran and Saudi Arabia, there’s no way out of the Syrian crisis, no possibility of fighting Daesh (ISIL), no possibility of reducing conflict in Yemen and there’s no way of preventing conflicts in other parts of the region. Neither will there be a possibility of creating a government in Lebanon.
“Today the security of the Middle East is not limited to its borders. The security of Europe, the security of the US and the security of lots of other countries in the world is directly related to it (security in Middle East).”
Saudis struggle with supremacy crisis
Record Super Cup win for Juventus amid backdrop of controversy
Diplomatic tension
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More in Ulcerative Colitis
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Reducing Your Arthritis Risk With Ulcerative Colitis
Arthritis is the most common complication outside of the gut for people with ulcerative colitis. These dos and don’ts will help you protect your joints.
By Marie Suszynski
Medically Reviewed by Niya Jones, MD, MPH
Sign Up for Our Digestive Health Newsletter
As if gut pain from ulcerative colitis wasn’t enough, as many as 39 percent of people with an inflammatory bowel disease (IBD), including ulcerative colitis, will develop problems with their joints, according to a report published in March 2015 in Therapeutic Advances in Chronic Disease. In fact, arthritis is the most common complication that occurs beyond the intestine.
Although not fully understood, there seems to be a link between the gut and joints, says Harry D. Fischer, MD, chief of the division of rheumatology at Mount Sinai Beth Israel in New York City. For example, a bacterial infection in the digestive tract can cause a reactive type of arthritis, he notes. In addition, both arthritis and ulcerative colitis have a genetic component.
People with ulcerative colitis tend to have one of three forms of arthritis: peripheral arthritis, which affects large joints such as the knees, ankles, elbows, or wrists; axial arthritis, which causes pain and stiffness in the spine and lower back; and ankylosing spondylitis, a more severe type of arthritis that affects the spine and can lead to joint damage.
To lower your arthritis risk, follow these dos and don’ts.
Arthritis Prevention: What You Should Do
Protect your joints when you have ulcerative colitis by taking the following steps:
Do stay on top of your ulcerative colitis treatment. Treating your ulcerative colitis can lower your chances of developing arthritis or ease arthritis symptoms if you already have joint problems. “If you can get your colitis under very good control and quiet it down, your arthritis will quiet down,” Dr. Fischer says. The only type of arthritis that typically doesn’t improve with better ulcerative colitis control is advanced axial arthritis, according to the Crohn’s & Colitis Foundation of America (CCFA).
Do speak to your gastroenterologist about any joint pain. You might think your gastroenterologist doesn’t need to hear about your achy joints, but he or she should be the first person you speak to about your symptoms, says Amar Naik, MD, an assistant professor of medicine and director of the inflammatory bowel disease program at Loyola University Health System in Maywood, Illinois.
Tell your doctor which joints are affected, whether the pain is moving from one joint to another, and if there’s swelling. You should also clarify whether your ulcerative colitis is in remission or if you’re in a flare, Dr. Naik says. Your gastroenterologist can help advise you on how to treat the symptoms. “If those things aren’t working, going to a rheumatologist can be very helpful,” he adds.
Do keep active. Range-of-motion exercises are particularly important for people with axial arthritis, but any type of regular exercise — when you’re not in a flare, that is — can help you reduce arthritis symptoms as well as maintain a healthy weight, boost energy, and stay healthy overall. Yoga and tai chi, which work on range of motion, may be helpful, Naik says. He recommends wearing proper footwear and avoiding high-impact exercises.
Do work with a physical therapist. This is an important part of your treatment plan, Fischer says. Because arthritis can limit your range of motion, a physical therapist can give you a plan to improve your flexibility and strength while reducing any pain.
Do eat healthy. Choosing anti-inflammatory foods may help ease arthritis pain. These include foods that are rich in omega-3 fatty acids, including fatty fish (like salmon and mackerel), olive oil, fish, beans, fruits, vegetables, and green tea, the Arthritis Foundation says.
You may also want to cook with or take a supplement of turmeric, Naik suggests. It contains a substance called curcumin, which may help prevent or reduce inflammation, the Arthritis Foundation says.
Do treat arthritis pain. If you’re bothered by symptoms, talk to your doctor about the best treatment for your arthritis pain. Some medications, such as corticosteroids, can be helpful for both arthritis and ulcerative colitis.
Arthritis Prevention: What You Shouldn’t Do
Sometimes, the steps you don’t take are just as important as the ones you do.
Don’t ignore joint pain. Pain from ulcerative colitis and arthritis can feel similar, Naik says. Any time you’re feeling new or worsening symptoms, be sure to discuss it with your gastroenterologist.
Don’t take NSAIDs. Although this is not true for everyone with ulcerative colitis, NSAIDs (non-steroidal anti-inflammatory drugs) like ibuprofen and aspirin can irritate and inflame the lining of your intestine and make colitis worse, the CCFA says.
Don’t smoke. Smoking can cause many different health problems, but it’s also linked to more severe joint damage among people with inflammatory arthritis, including ankylosing spondylitis, according to the Arthritis Foundation.
Don’t overindulge in fatty foods. Try to avoid saturated fat (found in animal foods like butter, cheese, and meat) and trans fats (used in processed foods), which tend to increase inflammation.
Don’t let your weight creep up. When you have arthritis, extra pounds add stress to weight-bearing joints like the knee, ankle, or hip, Fischer says.
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Meet Your Neighbors: Tess Johnston, the “Permanently Temporary” diplomat and writer who spent half a century overseas
May 7, 2019 by FHC Leave a Comment
by Dzenita Mehic Saracevic
It felt as if a strong, cold wind of one freezing January day in Van Ness propelled me, like a time machine, to a different time and location. I found myself in a place filled with an infinite number of antiquities and treasures: Chinese phone books from the 1920s and 30s, tiny cricket cages and feeders, beautifully decorated tin wash basins, soft toys used by Chinese babies at least 50 years ago, English opera hats and leather tape measures produced during colonial times, old Chinese tables with hidden drawers, an opium bed, books from Berlin dating back to the second world war, and myriad other objects whose purpose was sometimes hard to decipher.
Can you find these objects in the photo?A wooden sugar cane press; children’s pillow and children’s bib designed to look like a ferocious animal to chase evil away; cricket cage for those who enjoy listening to cricket chirping; painted tea flask; tin wash basins beautifully painted; comb case; children’s game with red pegs and other toys – all of these lay on a bed from an opium den. (photos by Dzenita Mehic Saracevic)
The magical, museum-like place is the apartment of our neighbor Tess Johnston, who returned to America three years ago after spending over 50 years abroad, serving in Germany, Vietnam, India, Iran and China. Most of her eclectic collection originates from those countries, particularly China, where she spent the longest time.
Born in the 1930s in the South, Johnston never anticipated going to college, let alone spending most of her adulthood living far from her childhood home in Charlottesville, Virginia.
“When I told my father that I would like to go to college to obtain good education, I did not get any encouragement. He said that I should stay home and take care of my mother,” says Johnston, whom I meet in her apartment just a day or two after she returned from visiting friends in Florida. Johnston looks elegant and sturdy. I didn’t even notice that she was a bit under the weather – until she mentioned it.
Nothing in her Virginia upbringing pointed towards her future cosmopolitan living and Foreign Service career, but Johnston says that she has always had an adventurous spirit. While in college in early 1950s, she spent a couple of weeks traveling in seven European countries with two friends.
“I decided to see the world… and it was wonderful, just like in a movie,” she says.
In 1958, she worked with the American Foreign Service in Berlin and fell in love with the diplomatic lifestyle. She liked it so much that after completing her master’s degree in German at the University of Virginia, she applied to work for the United States Agency for International Development (USAID) in Vietnam during the war there. Her mother had died while Johnston was in college so she did not need to accommodate her father’s wishes.
After seven years in Vietnam, Johnston served as a diplomat in Frankfurt, Tehran, Paris and New Delhi. Her final posting: Shanghai – the place where she would work more than 30 years, retire, and continue living until she reached her mid 80s.
A Chinese ancestry scroll.
The inspiration she found in Shanghai and her writing are some of the important reasons Johnston did not plan to return to the States after retiring in 1996. In addition, her ties to the U.S. were not as strong anymore.
“Most of my adult life I lived overseas, so I did not have strong desire to return,” Johnston explains.
When she arrived in Shanghai in 1981 (five years after the Cultural Revolution was over), there was virtually no expatriate community and all Foreign Service staff, plus foreign correspondents working for the American media, lived in the same building. The city of 14 million people – compared to 24 million nowadays – was missing some basic services. Some of the things that shocked her there were the non-existent normal taxi service and widespread public spitting.
“Government needed to crack down on that old habit by putting patrols on the streets,” Johnston says. “It was the time when the country was just opening to tourists.”
But diplomatic life was exciting, the compound for the U.S. Foreign Service members lively, and the old Shanghai enchanting. Johnston fell in love with the Bund, Shanghai’s spectacular riverside, and the beautiful buildings in the French quarter in which she lived. The view from her balcony was divine and there were many benefits of living as a diplomat. To Johnston, no normal person could refuse such life and profession.
The arch is the front of a Chinese bed. The side table (center) has secret panels with hidden drawers.
Having learned German before, Johnston did not think that learning Chinese would be very difficult, but the language proved to be extremely hard and there was no way to improve unless one started to read and write, which she never managed.
“When pronouncing Chinese words, intonation is very important, but I knew how to get away with it,” Johnston says mischievously. “You just speak very rapidly so the tones are not important!”
Tess Johnston and a friend (Johnston file photo)
A lover of beautiful architecture, Johnston developed a special relationship with Shanghai’s colonial buildings, most of them neglected and in disrepair. She remembers the moment she decided to write about them. “Nobody focused on those buildings, or knew who built them and who lived in them,” she says. So she started collecting books, mostly from the 1920s and 30s, in order to obtain the information she needed to create the memory of the old Shanghai and its Western quarters. As a result of this effort, Johnston wrote A Last Look: Western Architecture in Old Shanghai was created with Chinese photographer Erh Dongqiang.
Johnston’s extensive reference library includes China-related books and maps from 1920s to 1940s as well as books on World War II.
Many more books on Chinese architecture and other topics related to her diplomatic life followed, including her 2010 memoir Permanently Temporary – From Berlin to Shanghai in Half a Century. Johnston’s next book, Shanghai Daisy, is a “riches to rags” autobiography by Daisy Kwok, a famous society girl and a daughter of the owner of the biggest department store in Shanghai in 1930s. Johnston is a co-editor.
I asked what her next project would be, and Johnston’s response took me by surprise: “I have no more books in me. Everything I knew, I have written about it.” Yet, it is somehow hard to imagine that she has run out of ideas.
Now in Van Ness, where she has lived during the past three years, Johnston is comfortable. Her apartment building is almost ideally located, near Metro, shops and important cultural venues. “Hard to say if this is home. However, my friends are here, or easy ride/flight to NYC or Florida, and I do not have to struggle to express myself,” says Johnston.
Even though Johnston complains that she had to get rid of many objects that were part of the international collection she brought to DC, her place is still filled to the brim. Most of her books and artwork will end up at Stanford University’s Hoover Institution, but right now her research library is set in her apartment and those interested in researching Old China, Shanghai’s architecture, World War II, Berlin, and Jewish expatriates in Shanghai between the two world wars are welcome to visit.
To make an appointment to see the library of Tess Johnston, please email her at: tessinshanghai@yahoo.com.
Filed Under: Featured, Meet the Neighbors, News
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Agents seize 200,000 ecstasy pills at border
Nov 29, 2008 at 3:15 AM Nov 29, 2008 at 5:10 AM
HIGHGATE SPRINGS, Vt. (AP) — U.S. Customs and Border Protection says agents seized 200,000 Ecstasy pills at the Highgate Springs port of entry.
The Wednesday seizure is valued at $6 million, the largest ever by federal agents at a New England ground crossing with Canada.
Officials say the Ecstasy was concealed in a passenger vehicle occupied by two Canadian citizens.
Earlier this month Border Patrol agents in New York seized almost $3 million worth of Ecstasy.
On Nov. 11 three people were arrested in Fort Covington, N.Y., while attempting to smuggle 58,000 pills into the country. On Nov. 16, more Ecstasy was seized at a Border Patrol checkpoint on Interstate 87 in North Hudson, N.Y.
There's no word on whether the seizures were related.
© Copyright 2006-2019 GateHouse Media, LLC. All rights reserved • GateHouse News0103
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Report: National Do Not Call Registry Data Book for Fiscal Year 2017
State Rankings for National Do Not Call Registry Complaints per 100K Population The National Do Not Call Registry Data Book contains statistical data about phone numbers on the Registry, telemarketers and sellers accessing phone numbers on the Registry, and complaints consumers submit to the FTC...
Report: The National Do-Not-Call Registry Biennial Report to Congress for Fiscal Years 2012- 2013, Pursuant to the Do-Not-Call Registry Fee Extension Act of 2007
Report: The National Do Not Call Registry: Data Book for Fiscal Year 2011
Report: Biennial Report to Congress Pursuant to the Do Not Call Registry Fee Extension Act of 2007, FY 2009
Report: Additional Report to Congress Pursuant to the Do Not Call Registry Fee Extension Act of 2007
Report: Negative Options: A Federal Trade Commission Workshop Analyzing Negative Option Marketing: A Report By the Staff of the FTC Division of Enforcement
Report: The Do-Not-Call Improvement Act of 2007: Report To Congress Regarding the Accuracy of the Do Not Call Registry
Report: The National Do Not Call Registry: Annual Report to Congress for Fiscal Year 2007, Pursuant to the Do Not Call Implementation Act, On Implementation of the National Do Not Call Registry
Report: The National Do Not Call Registry: Annual Report to Congress for FY 2005 Pursuant to the Do Not Call Implementation Act On Implementation of the Registry.
Report: The National Do Not Call Registry: Annual Report to Congress for FY 2003 and FY 2004 Pursuant to the Do Not Call Implementation Act On Implementation of the Registry
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Riot Games, Inc.
TSM Owner Andy Dinh On Building The Yankees Of Esports Teams
Matt Perez Forbes Staff
I write about video games and esports.
housands of screaming fans packed the stands and floor space at Boston’s TD Garden in September 2017—to watch a video game championship. At Center Court was an elevated stage with ten computers running the competitive game League of Legends. Four massive screens were mounted above to display the action. When confetti finally rained down on the crowd, the threepeating champs jumped around between smoke machines as a familiar chant broke out—“T-S-M! T-S-M! T-S-M!”—much like Alabama fans cheer “S-E-C! S-E-C! S-E-C!” in Tuscaloosa.
TSM—short for Team SoloMid—is one of the most recognizable brands in esports, and its victory in Boston built on its success as the winningest North American team in League of Legends, competitive gaming’s top title. But its founder, CEO and owner, Andy Dinh, who emerged from the sidelines to hug his players onstage, had only one thought after the team’s sixth championship: What’s next?
As a player, Dinh captained and coached, cooked and cleaned for his League of a Legends team. He now has a full staff of managers and coaches and pays his League of Legends players six-figure salaries.
Ethan Pines
“I want TSM to be a household brand; I want us to be the Dallas Cowboys and the Yankees,” says the perpetually kinetic 26-year-old, who was featured on Forbes’ 30 Under 30 list in 2017. “It’s not enough for me just to be successful in North America.”
Esport companies like TSM field competitive teams in video games that are as fun to watch—whether live in a stadium or online on a game-streaming service like Amazon’s Twitch—as they are to play. The basic premise of League of Legends has two teams of five at opposite ends of an intricate map trying to destroy each other’s bases. Throughout a match, typically 30 to 40 minutes, players kill monsters (and, of course, opposing players) to earn gold and “experience” to buy new upgrades and become stronger than their opponent.
Billionaire owners of professional sports teams such as Robert Kraft (of the New England Patriots) and Jerry Jones (Dallas Cowboys) are among the most significant new owners in esports. Because they own (or operate) venues where esports competitions can be held, these moguls have a front-row seat to the industry’s explosive growth, and they are spending millions in hopes of building franchises as big as TSM.
Worldwide, the esports industry is projected to reap nearly $1 billion in revenue this year and is building an ever-growing global viewership. That’s nothing compared with NFL football ($13.2 billion in 2016), but it is rivaling second-tier sports like Major League Soccer ($644 million in 2016). ESPN has been broadcasting esports for several years, and last year’s League of Legends World Championship final had an online viewership of 57.6 million—about half of last year’s Super Bowl TV audience. Major brands are also spending millions to get in front of this young and rabid male audience. Video gaming might even be an Olympic sport someday soon. League of Legends has already taken the first step, appearing as a demonstration event at the 2018 Asian Games.
Charles Brucaliere
The concept of revenue sharing, particularly of broadcast income, among teams—common in traditional sports leagues—is still in its infancy in esports, so sponsorships dominate the space. The Amsterdam-based market researcher Newzoo estimates that 40% of overall revenue this year will come from sponsorship deals. Some brands partner with the league and tournament organizers, while others invest on the team side. TSM features Geico and Gillette on its jersey, creates “Team Soda Mid” commercials with Dr Pepper and uses Logitech keyboards and mice during competitions.
The paucity of reliable ROI metrics have led advertisers to look at social media and streaming to help make decisions about where to spend. TSM and its players have 60 million followers across various social networks. Forbes estimates that TSM had revenue of $21 million for 2017, on the high end for an esports company.
Despite all this success, Dinh admits TSM could better take advantage of new opportunities in the rapidly evolving market. The next big opportunity may be the 2017 video game Fortnite, a billion-dollar sensation that 125 million play around the world, including celebrities such as Drake and Chance the Rapper as well as pro gamers who stream their matches online to tens of thousands of viewers every day.
Fortnite is like a mix of The Hunger Games, Minecraft and Lord of the Flies: 100 players drop down on an island and battle it out until only one player or team is left standing.
One superstar gamer, 19-year-old Ali “Myth” Kabbani, was signed by TSM early this year as the team’s Fortnite stud. The signing soon led to a $1.5 million investment by TSM: The team now leases a 4,300-square-foot house for its roster of four to live, practice and stream for hours a day. The seven-figure bet is already paying off. Kabbani has become the second-biggest star on Twitch, with 4.1 million followers, driving new fans to the TSM brand. That ever-growing audience helped bring about a new sponsorship from Chipotle, which sees TSM as a means to intersect with pop culture.
Though it’s undeniably a blockbuster game, there are still questions about Fortnite’s potential as an esport. And while the game’s creator, Epic Games, is offering $100 million for prize pools across a year of tournaments, it’s unclear how these competitions will be structured or even broadcast. But TSM and Dinh are used to leaps of faith.
From a working-class family of nine in Campbell, California, Dinh was a perennial C student in high school but found his calling after discovering the fledgling League of Legends in 2008, when he was 16. Playing under the name Reginald, he soon became the top-ranked player in the world and started his own team in 2009. He and his brother Dan decided to create community websites and author guides for the game. Long before ESPN and Amazon thought to broadcast League of Legends competitions, Dinh was hosting and streaming them.
Soon after, Dinh dropped out of college and borrowed $5,000 from his mother to invest in his vision. His gaming-guide site, solomid.net—named after his position in League of Legends—attracted millions of visitors, which meant Dinh was pocketing around $60,000 a month. In 2013, Dinh retired as a player at 21 to focus on his business, which still includes gaming sites.
Five years later, he remains hungry, taking aggressive new steps in the industry he helped pioneer. In July he received $37 million in Series A funding from a group of investors that included the A-list venture capital firm Bessemer Ventures Partners, the Hall of Fame NFL quarterback Steve Young and the three-time NBA champion Steph Curry. “It only made sense to go with the best of the best,” says Curry, who plans to use his cachet to help TSM reach even more young men.
Dinh’s heir apparent as leader on the League of Legends team, Søren “Bjergsen” Bjerg has been with TSM since moving from Denmark in 2013, winning five North American championships with the club and becoming one of the world’s top players.
With the new capital, Dinh plans to double staff to 100 and use up to $15 million to build a 25,000-square-foot training facility and operational headquarters in Los Angeles next year. The new headquarters will generate revenue through sponsorships and fan events and serve as a base where players can train, influencers can create content and TSM can develop as a household name for a new generation—and much of this is well under way.
At TSM’s Fortnite game house, Myth Kabbani recalls watching TSM play when he was in middle school and realizing esports was a realistic career goal. When the organization reached out to talk about a partnership, he says, his heart started to beat out of his chest: “Joining TSM is less like joining an organization and more like fighting crime with your favorite superhero.”
Reach Matt Perez at mperez@forbes.com. Cover image by Riot Games.
Matt Perez
I’m the reporter for the Games section of Forbes.com. I previously served as a freelance writer for sites like IGN, Polygon, Red Bull eSports, Kill Screen, Playboy and P...
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Success By 'Secret Superstar' Could Give Aamir Khan The Title Of The World's Biggest Movie Star
Rob Cain Contributor
King Aamir on the occasion of his first ₹1,000 crore hit.
Aamir Khan Productions
This is Part 1 of a two-part article. You can find Part 2, which explores Aamir Khan's popularity and the reasons for it, at this link.
A year and a half ago, I wrote an article here presenting airtight proof that Bollywood icon Shah Rukh Khan — “King Khan,” to you and me — was still the world’s biggest movie star. Well, OK, maybe it wasn’t so airtight, and maybe some of my evidence wasn’t exactly scientific*.
Anyhow, what prompted that article was the fact that Khan’s latest movie at the time, Fan, had recently flopped, breaking a seven-year streak of hits and blockbusters for the Hindi-language actor and slightly tarnishing his claim to being the most consistent box office performer of the prior 25 years. Khan had been fending off pretenders to his throne for years, and I wrote the article as an affectionate paean for his loyal subjects to assure them that their King was still on top.
But every reign must come to an end, and I’m back now to proclaim that a new king is about to be enthroned. That king, that new royal majesty of cinema superstars (as if you really needed me to invoke his name), is Aamir Khan.
In my 2016 article I measured cinema supremacy along several dimensions — box office track record, popularity, wealth, number of bodyguards, number of namesake movies — but this time I feel the situation is quite clear and I can justifiably keep it simple. I submit for you two simple metrics: recent box office track record and global popularity. And by both measures, it’s indisputable that Aamir Khan is the reigning king.
The thing that humbled our former monarch, Shah Rukh Khan, is that his recent films have been more cold than hot at the box office. The aforementioned Fan released in April, 2016 to tepid reviews and disappointing box office returns of just Rs. 188 crore / $29 million worldwide. Good for a mid-level star, but weak for a megastar like Khan. And with its ₹85 crore budget the movie was a financial disappointment. That was followed by Dear Zindagi in November, 2016, which took in just ₹139 crore / $21 million. Khan finally had a modest success in January 2017 with Raees, which earned ₹281 crore / $45 million against its ₹85 crore budget, restoring a bit of luster to Khan’s fading star. But then his August, 2017 release, the romantic comedy Jab Harry Met Sejal sealed the fate of his reign with its disastrous ₹117 crore global result.
Now before I get to Aamir’s numbers, let’s take a look at his rival Salman Khan. Back in April of 2016 I wrote that Salman’s numbers, if not his fitness for the crown, at least put him in serious contention for the title of world’s biggest movie star. And indeed his very next release, the July, 2016 sports drama Sultan, was an enormous hit with a ₹584 crore worldwide total. That made it the third-highest grossing Hindi-language movie at the time, a notch below Dhoom 3 (2013) and two below then box office-champion PK (2014), which had amassed an amazing ₹792 crore ($130 million). Remember those last two titles, they’ll come up again.
But Salman’s aspirations for cinema supremacy were dashed like a cheap light bulb when his June, 2017 period war drama Tubelight badly misfired, collecting just ₹237 crore on a ₹135 crore budget, thus losing scads of money for the investors and distributors who had bet heavily on the picture’s success. Khan earned poor notices for his performance, and even worse ones for his judgment in producing and starring in the picture in the first place. Khan had been in this position and worse before—he once had 10 flops in a row in the early nineties, and another string of flops and disasters in the mid-2000’s, yet he had always eventually managed to redeem himself. But Tubelight not only erased the momentum Khan had generated with Sultan, it may have single-handedly relegated him to permanent second-tier status among the movie gods.
Aamir Khan doesn’t make as many movies as his fellow superstar Khans, but the ones he does make, at least over the past decade, are box office magic. Nine of his last ten films have been enormous global hits. His last three—the aforementioned Dhoom 3, PK, and Dangal—have each successively redefined the very definition of what is financially possible for an Indian movie. His pictures are not just commercial successes, they’re also critical darlings, thoughtful humanistic ruminations on important social issues, that also happen to be great fun. Like Shah Rukh and Salman, he produces his films, he just does it much better than either of his rivals do.
As for his box office record, only one word is necessary: Dangal. Here’s how the December, 2016 Aamir Khan-starring sports drama stacks up, all by itself, against the recent track records of Shah Rukh Khan and Aamir Khan:
Box office results
Pacific Bridge Pictures research
And this, mind you, comes before Aamir’s new picture Secret Superstar, which has all the makings of another massive hit. If there's anyone who seriously doubts that Secret Superstar will succeed at the box office, drop me a line so I can explain to you how to self-flagellate for committing sacrilege.
No doubt you’re thinking “Hey, what about all those Hollywood stars.” And I’ll grant you that their movies collect more money, a lot more, than do the Indian films. But that’s a fundamental and inalterable fact of Indian cinema economics. Although it’s a huge market in population, India’s domestic reach is limited by low incomes, a dearth of cinema screens, and all sorts of distribution inefficiencies that cap its potential grosses. So it’s important to also discuss movie stars’ popularity. I’ll get to that in part 2 of this article.
*For example, my ranking of stars by the number of namesake movies uncovered only one among the contenders, Shah Rukh Khan’s My Name Is Khan. By this criterion alone, John Malkovich would also be a contender for the title of World’s Biggest Movie Star.
Read More: Here's Why Aamir Khan Is Arguably The World's Biggest Movie Star, Part 2
Rob Cain
I’ve been doing business in China since 1987, where I have produced movies and TV and advised major Chinese companies like China Film Group, Shanghai Media Group and CCT...
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Self-Driving Automobiles: Two Visions Of The Future
University of Houston Energy Fellows Contributor
University of Houston Energy Fellows Contributor Group
We are thought leaders in energy from the University of Houston.
Earl J. Ritchie, Lecturer, Department of Construction Management
It is virtually certain that future autos will eventually be electric, so environmental benefit will depend primarily upon miles driven rather than whether the vehicle is shared or privately owned.
Despite predictions that self-driving vehicles will reduce suburban sprawl, traffic congestion and miles driven, there are equally good reasons to believe they will have the opposite effect.
Technology of transportation concept. Traffic control systems. Internet of Things. Mobility as a service.
Some predictions of the effect of self-driving automobiles, or autonomous vehicles (AVs), include that they will virtually eliminate personal car ownership, cause people to travel by Uber-like ride hailing services and Zipcar-like car-sharing, and have no need for garages. They will save cost and time, and will reduce air pollution and greenhouse gas emissions.
In this model, transportation practices will be revolutionized. This is a dramatic change that makes for eye-catching headlines. However, it is not the only possible future. It is equally plausible that the convenience of AVs will encourage suburban growth and increase miles driven.
Before we examine these arguments, we need to understand what a self-driving vehicle is.
What is an autonomous vehicle?
The popular impression of a self-driving car is that you get in the car, tell it where to go and it takes you there, no matter where that might be. This would be Society of Automobile Engineers Level 5 automation (Level 4 would be capable within a limited area). At least Level 4 is required for most of the envisioned benefits.
Evolution of Autonomous Vehicles
Electronic Component News
Source: Electronic Component News
The most advanced commercially available AVs today are Level 2. They have adaptive cruise control and will keep you in the lane. A few will change lanes upon command. Some “self-driving” cars from Apple, Uber and Google that you read about are Level 4. They are in an experimental or trial phase.
The utopian model
Let’s call the demise of personal car ownership the utopian model. The predicted benefits depend upon a number of assumptions beyond the availability of self-driving technology. These include that the cost of AVs will come down dramatically, they will be electric and people will adopt a high-density lifestyle that makes for short commutes. Many versions of this model also assume ride-sharing among strangers, a practice that has not been popular except where it allows use of HOV lanes.
The first two assumptions do not necessarily favor the utopian model. Decreasing cost will favor both private ownership and ride hailing at the expense of mass transit. It is virtually certain that future autos will eventually be electric, so environmental benefit will depend primarily upon miles driven rather than whether the vehicle is shared or privately owned.
The third assumption is crucial. You have to believe AVs will cause a reversal of current housing trends, with the majority of the population choosing to live in high-density housing.
Proponents of the ride-hailing model point to recent increases in center-city living and decreases in car ownership by millennials. There is debate whether this is a preference change or the economic consequences of low income growth and high student debt.
You will see varying numbers for the rate of suburban growth vs. urban growth, due to differing definitions. The graph below is one example. None of these definitions are perfect, but most show suburbs continuing to grow faster than city cores. Even millennials are buying mainly in the suburbs.
Annual Growth Rates, by varying Radius from CBD
Source: Harvard University
Reasons to give up your car
Let’s examine whether the benefits of AV ride hailing are likely to overcome personal car ownership.
A primary argument is that the AV ride-hailing model will be cheaper. However, cheaper doesn’t mean people will use it. As seen in the chart below, public transit is already much cheaper than travel by personally owned car. Few people use it, except in New York and a few other high density cities. According to the American Community Survey, over 75% drive to work alone and only about 5% use mass transit. The same can be said of carpooling, which also reduces cost and is used by only about 9% of the population.
Modified from Victoria Transport Initiative
Source: Modified from Victoria Transport Initiative
Given the amount of hype about Uber, it may surprise you that ride hailing and AV ride hailing are more expensive than private car ownership. This is shown in the chart above and by others, such as a Credit Suisse report which says ride-hailing services “are not cost effective at present either for average car owners or even for infrequent/low-usage drivers.” Credit Suisse predicts driverless ride hailing may eventually be cost effective for a “significant minority” of drivers.
A second reason is convenience. The degree of convenience depends upon a number of factors, including the type of trip. In the ride-hailing model, you will be picked up at your door and dropped off at your destination. However, you may have a wait, and in the privately-owned model, the car is already at your door. So, there may or may not be time savings, depending upon the availability of the hailed ride vs. parking time for the privately-owned vehicle.
A third reason is environmental benefit. As mentioned, privately owned vehicles will likely be electric and will have per-mile emissions reductions comparable to ride-hailing vehicles. Various capabilities and design parameters of AVs aid in reducing energy use and emissions, but far and away the most important factor is miles driven. Significant reduction beyond what comes from electrification will require we share rides and stop moving ever further out in suburbs.
However, we could already be doing this and have not chosen to do so. Experience has shown that the vast of majority people are not willing to suffer much inconvenience for the sake of the environment.
In the utopian model, car ownership will plunge. This will disrupt the auto industry and associated businesses. Parking lots, auto repair shops, auto price websites and similar related businesses will become the buggy whip manufacturers of our time. There is good reason to believe this may not happen.
The dystopian model
There are several reasons why the convenience and potentially lower-cost of self-driving vehicles might increase travel and number of cars rather than decrease them. In fact, most studies predict miles traveled will increase around 15% to 25%; some are much higher.
The most significant reason for the predicted increase is that travel will become a pleasant rather than unpleasant experience. A 30- or 45-minute slog in traffic will become an opportunity to use a laptop, text, chat with friends or just enjoy the scenery.
The graph below shows the best and worst of four hypothetical scenarios from a 2016 study. Both cases represent unlikely endpoints.
Energy savings in the best case are due in part to the widespread adoption of single passenger and two passenger vehicles. Energy demand increases substantially in the worst case due in part to higher speeds and larger vehicles.
Efficiency Improvement
Modified from Wadud, et al.
Source: Modified from Wadud, et al
Many benefits claimed for the ride-hailing model, such as more efficient driving to save energy, elimination of fossil fuel use by electrification and fuel savings due to smaller vehicles, also apply to the dystopian model. It is misleading to attribute these to ride hailing.
The full benefit of ride hailing depends upon shared (multi-passenger) rides. A recent study of the effect of AV ride hailing in Massachusetts concluded it did not have a net economic benefit unless the amount of ride pooling was over 40%.
How soon will it happen?
Various manufacturers are expected to offer the first level 4 cars to the public in 2020 or 2021. That’s nice, although such predictions have a track record of being optimistic. And when will they be available in meaningful numbers?
IHS Markit estimates 51,000 AVs worldwide in 2021 and 1 million in 2025. This will make for an interesting technological experiment, but it’s a drop in the bucket. There are over 260 million cars and trucks in the US alone.
Longer-term predictions vary widely. In 2040, Credit Suisse has AVs as 14% of production; IHS Markit has US sales at 7.4 million, about 40% of current sales. However, sales forecasts do not speak to the relative share of miles traveled in ride-hailing and privately-owned vehicles.
Predictions of ride-hailing travel share have even wider ranges, with the more optimistic often being given as scenarios that “could happen.” This aggressive forecast from KPMG shows a 50% increase in total miles driven by 2040, with 85% being in AVs. AV travel is split roughly equally between privately-owned and shared vehicles.
Total Miles Driven by 2040
Modified from KPMG
Source: Modified from KPMG
Which model of the future will prevail?
No one knows yet what the transportation revolution will bring. Despite predictions that self-driving vehicles will reduce suburban sprawl, traffic congestion and miles driven, there are equally good reasons to believe they will have the opposite effect.
In all likelihood, there will be both effects. In high density cities some people will give up automobile ownership and increase ride hailing and car sharing. People will also continue to live in the suburbs. Suburban sprawl and miles driven will increase. The relative strength of these two effects remains to be determined.
Earl J. Ritchie is a retired energy executive and teaches a course on the oil and gas industry at the University of Houston. He has 35 years’ experience in the industry. He started as a geophysicist with Mobil Oil and subsequently worked in a variety of management and technical positions with several independent exploration and production companies. He retired as Vice President and General Manager of the offshore division of EOG Resources in 2007. Prior to his experience in the oil industry, he served at the US Air Force Special Weapons Center, providing geologic and geophysical support to nuclear research activities. Ritchie holds a Bachelor of Science in Geology–Geophysics from the University of New Orleans and a Master of Science in Petroleum Engineering and Construction Management from the University of Houston.
We represent University of Houston students and faculty, appointed as UH Energy Fellows from across the energy-related colleges to ensure the subject is covered from a ...
University of Houston Energy Fellows
We represent University of Houston students and faculty, appointed as UH Energy Fellows from across the energy-related colleges to ensure the subject is covered from a w...
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Status of Capcom 5 Clarified
The company comments on the current status of its GameCube games and whether or not they're exclusive.
By Giancarlo Varanini on May 12, 2003 at 3:56PM PDT
At its pre-E3 press conference, Capcom addressed some questions about five of its games (P.N. 03, Dead Phoenix, Resident Evil 4, Killer 7, and Viewtiful Joe) that have been released or are in development for the GameCube. P.N. 03 and Resident Evil 4 will remain exclusive to the GameCube. While Killer 7 and Viewtiful Joe are still scheduled for release on the GameCube, Capcom representatives would not call them exclusive to the system. Lastly, as for the status of Dead Phoenix, the game has apparently not been canceled. Capcom representatives simply stated that there is nothing new to show on the game.
Video of Resident Evil 4 will be shown at both Nintendo's and Capcom's booth.
P.N. 03
Dead Phoenix
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Making Communities
Omar Ganai
By Omar Ganai & Steven M. Ledbetter
And so it turned out that only a life similar to the life of those around us, merging with it without a ripple, is genuine life, and that an unshared happiness is not happiness…” — Boris Pasternak, Doctor Zhivago
Humans evolved in small, cooperative groups. Language, reasoning, culture, morality, and everything else of what it means to be human, we create and absorb through interactions with the other humans around us. This is not optional; it’s survival. “An isolated human,” anthropologist Peter Farb notes, “is usually a dead human.”
Community is at the heart of every great movement in human history. It’s the evolutionary imperative that drives:
Every religion
All sciences
Every successful company
Every political movement
Every language
Logic, reason, and math
Your book club
But it’s easy to forget that community is also technology. It’s an invention that coordinates the efforts of individual organisms to extract more nutrients from the environment than they would otherwise be able to get on their own. For humans, community was supercharged by technologies developed later in human evolution like stories, language, and culture, but community had to come first. We did not develop community because we had language. We developed stories, language, and culture because we were already communities who needed better ways to coordinate finding food and killing mastodons with rocks.
Much like fish in water, the depth of that integration is often easy to overlook. It’s not that we’re in community, we are of community. And not only a single one. We’re swimming in hundreds of little communities that shape us in so many ways that it’s impossible to talk about a concept of “self” outside of these human relationships. As Peter Farb also reminds us, “a human being cannot survive alone and be entirely human.”
People are individuals with complex motivations who inhabit social worlds that are even more complex. How do we deal with all that complexity? The same way we evolved to deal with almost everything: we outsource it. In this case, to a community.
We subconsciously scan our social environment, and create stories about other’s motives (Hassin, Aarts, & Ferguson, 2005).
This instinct is so deep, we even attribute motives to inanimate geometric shapes.
We interpret every human-designed object as communicating ways of being normal or “good” (Verbeek, 2011).
We influence each other all the time without even realizing it. We create and pass on stories about how to act to and from each other. And our beliefs about others change how we behave and how they perceive us. This comes so naturally to us that psychologists have to do experiments with double-blind procedures to avoid subtly influencing study participants (Gilder & Heerey, 2018).
When we we feel connected to others, we take on their goals and motivations (Loersch, Aarts, Payne, & Jefferis, 2008).
Motivation spreads between peers when students ask and provide help to classmates (Krishen, 2013).
As demonstrated in one infamous experiment done by Facebook, emotions can spread between 700,000 users simply via text (Kramer, Guillory, & Hancock, 2014).
People also adopt goals from others when we see them trying (Dik & Aarts, 2006).
We adopt goals from strangers almost mindlessly when we see we’re similar to them (Walton, Cohen, Cwir, and Spencer, 2012).
As you can see, humans are constantly shaped by our community relationships and we constantly shape our communities in turn. Self-Determination Theory calls this dance the Organismic Dialectic. It’s the way our goals, wants, beliefs, motives, and values bump up against those of other people. And it’s the way the goals, wants, beliefs, motives, and values of others slowly integrate into our sense of self. And the way ours integrate into theirs. Over time, this dance — the Organismic Dialectic — shapes what we learn to “give a damn” about.
We’ll give you an example:
Have you ever tried to put pants on a toddler? It’s a nightmare of kicking, screaming, and small-fisted violence that ends with them running around naked at least 50% of the time. The goal of wearing pants is alien to them, so they resist the loss of control and bare-assed freedom. Fast forward a few years and not only are they wearing pants, they’re exerting their autonomy by insisting they want to wear those pants. They have begun to integrate the value of pants, as long as we support their autonomy in wearing pants on their terms. Fast forward to when they’re a teenager, and now they’re obsessed with finding the perfect perfect pants. The values of wearing pants are so integrated that they are beginning to see the pants they choose to wear as a part of their identity.
What’s happening there? Pants are not awesome for their own sake. Neither is there a biological need for them (there’s lots of ways to keep the lower half of one’s body warm that are not pants). But humans are driven to belong in communities that support our Basic Psychological Needs. At first we look on culture as coming from outside ourselves, an outside force that is trying to influence us. But then we voluntarily integrate the goals, wants, beliefs, motives, and values of the community members who support our Basic Psychological Needs into our identity, and how we express it.
How many stories of personal transformation look like…
“At first I didn’t care about [quitting smoking, weight loss, going to the gym, learning a language, open source code]. Then I met some cool people with the same goals and started to take it more seriously. Then I noticed how doing it was improving my life and started helping some new people who were just getting started. Now I honestly have no idea where I’d be without it. It’s changed my life.”
This story is what Self-Determination calls Organismic Integration. It’s how we learn to be human, and it’s how we learn to value and give a damn about new behaviors that we otherwise don’t give AF about. Integration is the story at the heart of behavior change, and communities are the setting and soil in which that story is created and passed from person to person.
And it almost always sounds the same:
“This is how I was. This is what I did. This is what doing that changed about how I see myself.”
This story, repeated over and over again in as many variations as there are members, is how communities influence us, and how we influence communities in turn.
Communities are the most powerful transformative force in the world because they spread social norms that help people rewrite the story of who they are, and who they are becoming, faster, on a mass scale. This is not accidental. It’s survival technology
“[Story] offers a convincing ‘explanation,’ as far as that could be done in prescientific times, of the world and its origin and of the origin and nature of humans. It thus provides a satisfying answer to the typical…questions of ‘from where, how, why?’…humans knew so little of the actual physical background of the workings of nature that they needed myths to explain it, as well as to summarize all observed and known facts.” (Witzel E.J., 2012).
When people perceive that other people similar to them are also pursuing the same goal, they try harder (Shteynberg & Galinsky, 2011), and they learn faster when they perceive others are paying attention to the same information (Shteynberg & Apfelbaum, 2013). Interestingly, this effect is strongest when people believe that other people are looking at the same information at the same time (Shteynberg, 2015). Both pleasant and unpleasant experiences are more intense when they are shared with others (Boothby, Clark, & Bargh, 2014). Human motivation and behavior change outcomes get better or worse faster in communities. It’s like putting gas on a fire. Communities are the original scalable human behavior change technology.
And if you want to help as many people as possible change their lives for the better, then it’s your job to facilitate, elicit, record, and share those stories of change.
Some Community Myths
Myth: Community is a marketing thing.
Reality: Only the shitty communities. Successful companies are the ones that know that great products are built with the people that use them. Great UX designers are obsessed with user stories. Great engineers are obsessed with user problems. Great customer success people are obsessed with how to help people use products in their lives. Great executive teams are obsessed with how to improve their products and services in order to improve the lives of their customers (and hopefully their employees, too). All of these are things one can only learn by engaging with and listening to a community, then recording and distributing what they say.
Myth: If we can grow the community to a certain size, it will take care of itself.
Reality: There’s no such thing as Critical Mass. Communities always take work. Great communities take the dedicated and specialized work of experts (a.k.a. “community managers”). You’ll always be fighting indifference, inertia, and entropy, but isn’t that true of every aspect of a running a company? If you want something to resemble a design in your head, you have to exert energy to directing the forces that shape it. We like to think of it as, “tending the garden.”
Myth: We need more “engagement.”
Reality: “Engagement” is the word businesses use when they don’t know what they want. Choosing metrics to track will mean deciding what behaviors you want people to be doing and why. And these might change as you learn more about your customers and the stories they’re telling. In the meantime, we’ll give you guidelines to help you figure those out.
Myth: More engagement is always good.
Reality: It depends on what behavior you want people to be doing. If you’re trying to help people live healthier lives, you might find that time spent liking and commenting on your community posts will actually get in the way of that. But it sure does feel effective, doesn’t it? At Habitry, we call this superficial chasing of engagement, The Engagement Illusion. In long-term groups on our Habitry iOS app, we found that drops in commenting and liking actually correlated to higher adherence to the diet and exercise habits their coaches were writing. Basically, as people built more habits, they needed to talk about it less. And since that’s what the coaches paying for the app wanted, a drop in activity (at specific points in the user journey) was a good thing! So just remember that not every business is Facebook.
Myth: Communities are too much work.
Reality: Everything is work. The better question is, “is this work worth the benefits?” And that’s only something you can judge with testing and careful metric selection.
Myth: Communities have too much conflict.
Reality: Conflict is not necessarily a bad thing. Conflict means passion, and two passionate camps in your customer base could be beneficial. It really all depends on what your business goals are. People arguing might demonstrate that your product is solving two problems for people instead of one. A conflict might be surfacing a customer need you never thought of. We’ll give some examples and questions to ponder in our guidelines, but just know that arguing means they are passionate customers, which is way the hell better than indifferent customers.
Myth: Communities have to be peer-to-peer.
Reality: Since the rise of “social media,” it’s easy to assume that all communities need to be peer-to-peer. But people in a community do not have to talk to each other to consider themselves in a community, as long as the stories are there. For example, Stevo is an ultralight packer; no matter how long the trip, he never carries more than 6kg of luggage. He spends a lot of time, energy, and money on this goal, but he doesn’t really converse with anyone else who shares it. He’s not on any ultralight packing forums or Facebook groups. But he does read blog posts, watch YouTube videos, and listen to stories about other people who travel light, which makes him feel like he is part of the Community of Ultralight Packers. The only thing you need to make people feel like part of a community are stories about other people on the same journey trying to solve the same problem. Habitry has even helped companies create communities in industries where allowing peer-to-peer communication was not possible for liability reasons (some companies interpret HIPAA as precluding patient interaction without a doctor present). We just helped them create a method and schedule for collecting user stories, anonymizing them, then distributing them in a HIPAA compliant format.
Myth: Community is a Facebook Group or Internet Forum.
Reality: Those are not communities, they are just media — the mechanism by which people in communities communicate by recording and distributing stories. And people were swapping stories long before Mark Zuckerberg got involved. As we’ve shown, the media on which these stories are recorded and distributed can be any shared platform. They can be:
Or any other way that humans share stories.
Minimal Viable Community
So what is a community?
A community is three or more people with a shared mission to solve a common problem.
More specifically, you need at least one “teacher”, two “students”, and some practices for the community to work on the shared mission. The medium doesn’t matter and the members don’t even have to talk to each other directly. As long as they’re hearing stories about each other, it’ll “feel” like a community.
What do communities “do”?
Communities scale behavior change by telling and listening to stories about their shared mission.
More specifically, they share stories about how to help each other get what matters.
Boy Scouts share stories about how to personally uphold the standards of the Scout Law (“A Scout is Trustworthy, Loyal, Helpful, Friendly, Courteous, Kind, Obedient, Cheerful, Thrifty, Brave, Clean, and Reverent”) by following the Scout Motto (“Be Prepared”).
A company shares stories of how they can be the best in the market by creating the best product or service.
Alcoholics Anonymous members share the stories of how they can not drink today by following the 12 steps.
Researchers using the Open Science Framework share stories about how they can solve the replicability crisis by pre-registering studies and sharing data.
What you’ll notice about all of these examples is that there isn’t one “medium” that all of them use. In fact, they all use lots of different media to engage in the act of storytelling.
These stories also take lots of different forms: tips, tricks, fails, strategies, information sharing, books swaps, mythology, art, confessions, etc. The variety can be overwhelming, but these stories almost always follow a narrative structure: “This is how things were; this is what I did; this is how things changed.”
You can see that narrative at work in
A video by a Boy Scout about how to tie knots.
An internal memo from the CEO of Slack about their design philosophy.
The Big Book by Bill W.
A blog by a scientist dedicated to her experiences using the Open Science Framework.
We’re pretty sure this narrative structure is emergent in communities. It’s natural for people who share problems and common ideas about how to solve them to “finish the narrative.” That’s why pretty much every StackOverflow thread reads like this:
OP: “This is how things are.”
Reply: “Do this.”
OP: “Great! This is how things changed!”
And it doesn’t have to be fancy; it just has to be genuine. Stevo learned this watching his friend and legendary coach Dan John. Every time Dan meets a new athlete — no matter the skill level — he asks, “Why are you here?” He listens to learn more about them, then inevitably starts a sentence with, “You know, you remind a lot of an athlete I worked with…”
Then Dan tells this person the story of what that athlete was like, what they did, and how things changed. And before he even finishes the story, that new athlete is part of Dan’s community (see Guideline #4 for Fostering Relatedness below).
The Central Mantra
Habitry has been helping companies tackle the problem of “how do we get people to do stuff” for five years. We’ve helped people in a wide variety of industries, and have yet to come across a place where some sort of “community-thinking” wouldn’t help. It’s not a silver bullet (at all), but community is a very useful tool for changing behavior. What follows is a set of guidelines for how you can approach using this tool with your business.
We actually think it’s intuitive if you can get in a little practice (and get out of people’s way). All it takes is getting people to reflect on their stories, record them, and distribute them. They can do the recording and distributing or you can, but all the guidelines that follow in this article flow from a central question you need to be asking yourself every day:
“How can I share more stories about our common mission?”
This mantra contains the answer to pretty much every other question you’re going to want an answer to. We’d suggest writing it on a post-it note and sticking it on your monitor.
Scaling Behavior Change with Community
Setting the Frame
In any given social setting, we each bring our own complex motivations. Since everyone else we interact with is also bringing their own complex motivations, it can be difficult to figure out how to act when we are in a new community. The stories we come into contact within these communities make life easier by giving us suggestions for how to behave. Stories convey multiple social norms about what to do, how to be, and how to relate. And the stories you tell about your community constrain how people behave in it. They “set the frame.”
According to computational anthropologist Alan Fiske, people use four fundamental mental models to understand and motivate each other in human relationships like communities (Fiske, 1991). These mental models are fundamental in the sense that they are the basic building blocks of social bonds, and because they are intrinsically motivating to use. Each mental model provides different culturally prescribed patterns of behavior. The four models are
Communal Sharing
Authority Ranking
Equality Matching
To give a brief example, consider how the meaning of being a member of a community can change depending on the mental model you’re using:
Stevo lives in an artists’ cooperative. Some of the members see the community as…
Communal Sharing: a shared commons where we all have chipped in to get the space we need to make our art.
Authority Ranking: a hierarchical organization, where the “cool kids” run things and decisions are made by the mysterious and powerful “Board.”
Equality Matching: a marker of equal status (if you’re a member you’re a “real artist” who’s “made it.”)
Market Pricing: a business investment where cheaper rent and better networking means more opportunities to make art.
If you want to influence the behavior of the community, the point is not to figure out who’s “right”, but to try and “set the frame” to get as many people in the same frame as possible. Otherwise something as simple as giving a holiday gift will be interpreted in wildly different ways. As (1) simply a gift with no expectations of anything in return, (2) a tribute to a superior or pity to a subordinate, (3) quid-pro-quo, or (4) a transaction that needs to be repaid at market rates.
One way we can get people into the “same frame” is to tell stories stories that convey information about what to do, how to be, and how to relate to each other. Instead of just giving someone a gift, we can tell them a story about why we are giving them the gift referencing the framework we are coming from.
Communal Sharing: “Here’s a gift. It’s tradition in my family to share in the bounty and I consider this community like a family.”
Authority Ranking: “Here’s a gift. You’ve done a lot for me as Board President, and I just wanted to say thank you for taking the time out of your busy schedule to help me.”
Equality Matching: “Here’s a gift. As a fellow artist, I was sure you’d get it.”
Market Pricing: “Here’s a gift. Like the one you got me last year.”
The frame is what makes stories and the intention of the storyteller “obvious” to the listener. Based on the stories you tell, a community member can infer:
The kind of community you’re fostering (communal vs authoritarian vs egalitarian vs market)
Your beliefs about her as a member of the community (motivated vs unmotivated)
Your beliefs about the motivational quality of the tasks you’re asking her to do (intrinsically vs extrinsically motivating)
The motivations of the community designer (controlling vs autonomy supportive)
And we see this borne out in the research as well. Students who receive (presumed) volunteer tutoring report greater enjoyment and interest in future learning, compared to students who receive (presumed) paid tutoring (Wild, Enzle, Nix, & Deci, 1997; Wild, Enzle, Hawkins, 1992). Students infer volunteers teach because they find teaching interesting and enjoyable. So students “catch” intrinsic motivation from their volunteer tutors. Students then pass on the motivations they learned from their tutors on to future students when they themselves are asked to teach (Radel, Sarrazin, Legrain, and Wild, 2010). And just remember:
People need a frame to understand how to interpret other people’s intentions and actions. So if you don’t “set the frame,” then someone else will.
So what stories should you tell? If you’re like most community builders we’ve worked with, you’ve got two basic problems:
Fostering a sense of relatedness, so they feel comfortable enough to ask for help.
Fostering a sense of voluntary benevolence, so they feel motivated to provide help.
6 Guidelines to Foster Relatedness
1. “There are other people like you here”.
Share stories that show there are other people just like them in your community (Ryan, Patrick, Deci, & Williams, 2008; Niemiec & Ryan, 2009; Walton, Cohen, Cwir, & Spencer, 2009). You can share stories that convey similar experiences, problems, values, desires, geographic location, and interests. Really, talking about any attribute they have in common will foster perceptions of connection and relatedness.
2. “You’re one of us now.”
When people join your community, have a special ritual to mark the occasion. You want to communicate that they are now an “insider” (Bauer, Bodner, Erdogan, Truxillo, & Tucker, 2007). For example, you can create a “welcoming committee” that introduces new members to the rest of the group. You can show them how other people like them have succeeded in the community. Or you can send them a gift (not money) that marks their inclusion into the group, like schwag or a thank you note.
3. “This is an intimate setting to have fun conversations and collaborations.”
You can foster a sense of connection by merely telling people they can expect to have fun with other people (Carr & Walton, 2014; Loersch, Aarts, Payne, & Jefferies, 2008). And telling them what they can expect will also promote a sense of competence by providing structure.
4. Tell stories about the shared past.
Dan John, the legendary coach we mentioned earlier (who interestingly was awarded a Fulbright scholarship to study the function of narrative structure in Beowulf), reminded us to emphasize that user stories are only the “Horizontal Community.” Dan thinks it just as important to tell stories about the “Vertical Community.” These are stories about how the identity, problems, and point of view about how to solve them have been passed down by successive generations in the community. Founder myths, stories about how your product has developed and changed, the provenance of your community’s techniques, even stories of how you learned what you know from someone who also had the problems you have are stories that situate someone in a history, a “vertical community” stretching back in time.
This is important for creating a shared sense of history. Share stories about how the techniques of the community have been passed down through successive generations. You can do this even if you have a brand new community.
Who taught you what you know?
Why did they have such a great impact on you?
How did you come to realize what they taught you was important?
What motivates you to pass this knowledge on?
5. Tell stories about the shared future.
These are stories about the community mission, and how the community will achieve it.
What is the difference we are trying to make in the world?
Why do we want to create that impact?
How will we achieve it?
How can we help others achieve it, too?
6. Tell stories about the shared present.
Share stories of present successes and struggles. Shared pain promotes cooperation among strangers (see CrossFit, and Bastian, Jetten, & Ferris, 2014), and acknowledging negative emotions improves relationship quality (Reeve, 2015).
Here is an example of guiding questions that Habitry developed with Michael Littig (another Fulbright who studied the power of stories) using Joseph Campbell’s Monomyth as a framework.
The Call: What excited you this week?
The Refusal: What doubts did you have? What were you nervous about?
The Threshold: How did you know you were ready?
The Road of Trials: Who helped you this week? What tested you?
The Great Battle: What was the pivotal moment for you?
The Boon: What is the one thing you learned this week that you would have never believed, but made sense to you after the week was over?
The Return: What tip or piece of advice do you have that you would feel comfortable sharing outside of this group?
If you would like to watch an hour-long webinar with Michael Littig and Steven M. Ledbetter on how Habitry developed these, it’s available on Crowdcast
8 Guidelines to Foster Voluntary Benevolence
1. “We help because it’s meaningful, enjoyable, and that’s the kind of people we are.”
Volunteers help more when it’s done for autonomous reasons (Bidee, Vantilborgh, Pepermans, Huybrechts, Willems et al 2013). Their helping behaviors are higher quality when they’re done for autonomous reasons (Weinstein & Ryan, 2010). And they enjoy helping more when it’s done for autonomous reasons (Martela & Ryan, 2016a; Martela & Ryan, 2016b)
So give autonomy-supportive reasons (Steingut, Patall, & Trimble, 2017)! When you ask people to do things, make appeals about the community. Connect giving and receiving help to the community mission. And practice what you preach, otherwise people will notice and think that your reasons are not genuine.
2. “We celebrate people who ask for and provide help.”
Encourage asking for help. Highlight community role models that ask for help. And those that provide help. You want to do this because you want to create a norm of helping for the sake of helping (Weinstein & Ryan, 2010). It could sound like… “In this community, we ask for help because we’re all on the same mission to solve a common problem. We ask for help because that’s the kind of people we want to be. We ask for help because it can be fun. And we ask for help because we want to, not because we feel pressured.”
3. “Your help is effective.”
People provide more help when they know their help is effective (Haivas, Hofmans, & Pepermans, 2013). So tell them about the difference they are making!
4. “Your participation uniquely matters.”
In a community, people can feel lost in the crowd. So you need to remind people how their contributions are uniquely helping the community (Ryan, Patrick, Deci, & Williams, 2008; Niemiec & Ryan, 2009). In online coaching groups, we encouraged coaches to take time every week to write feedback to every single participant to describe how they made the community better that week.
5. “We’re thankful for your help.”
People provide better help when they receive gratitude for providing help (Kindt, Vansteenkiste, Cano, & Goubert 2017; Kindt, Vansteenkiste, Josephy, Bernardes, & Goubert, 2018). Notice, call out, and indicate you care about them.
If you want to give rewards, make them surprising and symbolic, rather than expected and financial (Deci, Koestner, & Ryan, 1999). You can accidentally teach people that helping is a self-interested action, rather than a voluntary benevolent action, by creating a financial quid-pro-quo situation. Hint: thank you notes are the secret weapon of every community manager.
Remind people that you appreciate their efforts, and show them the work you are doing so they see the “price” you’re paying for the mission, too.
6. Show trust by leaving the amount of help at their discretion.
When people feel coerced, they decide that you don’t trust them. As a result, they reduce their contributions (Falk & Kosfeld, 2006). So explain how your community is different from other communities. In your community, you don’t coerce. You help because helping is meaningful, enjoyable, and prosocial (Gagné, 2003; Hadden, Rodriguez, Knee, & Porter, 2015). In your community, someone helps another person because that’s the kind of person they are.
This is a little tricky, because Motivators want to control people when they assume they are unmotivated (Pelletier, Séguin-Lévesque, & Legault, 2002; Sarrazin,Tessier, Pelletier, Trouilloud, & Chanal, 2006), sadly at the price of the long-term motivation of community members.
7. Make it easy to help.
Provide a structure on how to help. This makes it easier for people to contribute. For example, one study looked at nearly 61,000 edits across more than 1,300 Wikipedia pages over a period of eight years (Aaaltonen & Seiler, 2015). They found that the median article edit was half a sentence long. It has to feel like it’s almost no work to get a new contributor to edit a Wikipedia page.
Teach them how to ask and provide help in a low-level way. Share different standards of participation so that people can toggle their level of sharing based on their perceived competence.
8. If you want to use contests and leaderboards, then you must provide high-quality feedback to everyone.
One of our favorite studies is Vansteenkiste & Deci (2003), titled “Competitively Contingent Rewards and Intrinsic Motivation: Can Losers Remain Motivated?”
Competitions are fantastic sources of feedback. Winning, losing, ranking, it’s almost impossible not to form an opinion on “how am I doing” in an competitive environment. But it turns out that winning and losing is only one source of feedback in a competition. And it’s not even the most powerful one.
Vansteenkiste & Deci (2003) is one of the only studies that controlled for other forms of feedback in competition and tested to see what happens to the motivation of the losers. The researchers used a novel puzzle game called, “Happy Cubes,” a game like Tetris that people played in the lab even when they didn’t have to. They gave the game to people with different sets of instructions that we’re paraphrasing.
Non-Competitive. The experimenter simply asked the participants to work on the puzzles, “doing your individual best.”
Competitive with rewards for winning. The experimenter added, “the purpose of this competition is to try to outperform the other person by solving your puzzles faster than he or she. You will get $3 if you solve more of the puzzles more quickly than your opponent.”
Competitive with rewards for winning and feedback on standards.“You will get $3 if you solve more of the puzzles more quickly than your opponent. Solving three of the four puzzles within the allotted time will put you in the 70th percentile of performance.”
Then they gave them questionnaires to assess how motivated they were to continue playing the game (and remember, this is a game as addictive as Tetris) and recorded how long they played the game when no one else was around.
So what happened? Winners in the competitive groups showed more intrinsic motivation than the non-competitive control group. But everything changed when there was feedback. Losers who received positive feedback (the ones that were told they were in the 70% percentile):
Reported they enjoyed the game more and spent 50% more time playing the game in their free time than losers who got no feedback.
Spent 50% more time trying to figure out the puzzles they got wrong than losers with no feedback and 4 times longer than the people who won.
Reported they enjoyed the as much as the people who won.
And here’s the kicker: Remember the instruction “Solving three of the four puzzles within the allotted time will put you in the 70th percentile of performance?”
It was entirely made up.
The losers just needed feedback that they could trust. Since they had no other context for understanding how they were doing, they believed the people around them and the person with the clipboard.
So when anyone at your company says, “leaderboard”, reply with “great! How are we going to get meaningful feedback to the people that aren’t on the leaderboard.”
When most designers and technologists sit down and try to answer the question, “how can I help people change their behavior?” we reach right for the shiny and the new ideas. Apps, trackers, machine learning, blockchain, etc. But it’s easy to forget about the oldest and most effective technologies. The tools that have been coordinating and providing human action with direction since we were trying to take down mammoths with rocks. The oldest and most effective technology humans have ever created for changing the world is community. It’s not that new technologies are worse, but it’s community — the little pockets of shared experience we hold together with stories, language, ritual, and mutual care — that make these new technologies possible.
Which is why even if you never make a peer-to-peer content platform, we think you’ll benefit from some community-thinking in your design process. Community-thinking is work, but at Habitry we firmly believe it’s the most efficient way you can work.
Articles that Informed This One
Why Slack is Exploding as a Community-Building Platform by Matt Diederichs
Building a Community by Robert Williger
How Building a Community Can Supercharge Your Customer Service by Sujan Patel
Building an Online Community 101 by Amy Chen
Building a Community by Anne Munition
The Google Campus Guide to Building a Community by Thinking Digital
What Improv Can Teach Us About Innovation and Community Engagement by Josh Stearns
How to get early engagement in your Slack community by Tucker Kline
Open-Source Community Guidelines
View references cited.
To motivate people, stop being an accidental asshole.
© omar ganai 2019
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[Movies] Transformers: Revenge of the Fallen (2009)
I've been a Transformers fan all my life and ever since I saw the original 1986 Transformers animated film, I had always dreamed about the possibility of seeing the robots in the flesh. That dream evolved into a desire to see them depicted in a life-action movie - I mean come on, they could make dinosaurs from scratch, so why not transforming robots, right?
This dream was eventually realized when Michael Bay's Transformers movie came out in 2007. Now I clearly mark it as "Michael Bay's" since (1) he was never a fan of the series and thus (2) his creation was never intended to be absolutely true to the original. He just had one mission from Hollywood - create a movie about transforming robots and make it a major summer blockbuster. Thus given his usual movie style, we ended up with film filled with massive explosions, cheap comedy and Megan Fox. And yet we couldn't really complain since he did something eternal kids like me always dreamed of - seeing the Transformers in live-action.
So now he's come out with a sequel and expectations were never meant to be all that high given we knew what Michael Bay was capable off (or limited to doing?). Just how did it go this time around? Let's take a look-see.
Transformers: Revenge of the Fallen takes place a few years after the first movie. The Autobots have been working with the US military as a group called NEST to hunt down rogue Decepticons all over the planet. Meanwhile, Sam (Shia LeBeouf) is getting ready to finally leave home to go to college while leaving his ridiculously hot girlfriend Mikaela (Megan Fox) and his Autobot protector Bumblebee behind. Naturally, the increased Decepticon attacks are signs of a larger plan that will place the Earth in jeopardy while Sam inevitably becomes the focal point for the conflict given he gets mind-warped by a fragment of the Allspark still left with him. He starts seeing symbols and hieroglyphs everywhere and these somehow play a part in the fate of all Transformers.
You still following me? I know it sounds pretty messed up as a plot, and in many ways it is, but given this is a Michael Bay film that's just par for the course. This is probably one of the biggest reasons that the critics seem to be in universal agreement that this movie is just plain horrible - I can totally understand this perspective. But in the same way that I do my best to review movies with the consideration for the genre or the style of the film, we need to do the same with Transformers: ROTF.
Image by oseillo via Flickr
This movie is a classic "summer blockbuster" set piece. It's not meant to be amazingly though-provoking nor is it meant to change our lives somehow. It's meant to draw huge crowds, generate massive ticket sales and make full use of theater technology to do so. This means amazing visuals, bone-jarring sound effects, cheap comedy, and explosions, explosions and explosions. If they studios wanted to make a serious Transformers film, they wouldn't have hired Michael Bay. But they did in order to address a demographic, to appeal to their marketing interests and as an audience we tend to buy into this hook, line and sinker. There's nothing wrong with this per se - we just need to admit to thus truth. We go see movies like this because we want to be entertained and we want to have our brains throttle down a bit so we can escape reality for a few hours. This is the context in which I try to look at this movie.
So first, visuals, and here Michael Bay has his usual mix of the amazing and the disappointing. Sure, the Transformers look better than ever in all the varied forms and there are some amazing fight scenes in this film that push the limits of current movie technology. At the same time, the sequences are blindingly fast and we tend to miss a lot of the action or you may find yourself unable to figure out who;s fighting who, what's going on and who might possibly be winning. That's just what happens. It's a classic problem of Bay and I can only hope he grows out of this some time soon. What's the point in spending thousands if not millions of dollars on CGI to render these robots if they won't let us viewers get a good look at them.
That brings us to the characters in terms of casting and portrayal. The usual crew came back from the first film and they weren't put in the forefront as much, thank the stars. Their level of acting was never meant to be all that great, so given this expectation they delivered as best they could, haha. The first movie felt too much like G.I. Joe and the Transformers given the amount of time devoted to the humans so this time around they toned that down and bit and gave us a lot more robots, which is cool. The only problem here is that they didn't bother trying to give screen time to develop the characters and personalities of the Transformers other than the politically inappropriate faux-Ebonics banter of the twins Mudflap and Skids. With all the Transformers in the movie, we hardly knew who anyone was or even what they were supposed to be. What were their names? What made each of them unique? How can you supposedly convince kids to buy the toys when they don't even know who to look for?
This brings us to another angle - the marketing aspect. Given the franchise has its roots in being a blatant marketing tool to young boys (like myself many years ago) to buy their toys (which I did), this movie, just like its predecessor, failed to maximize potential brand awareness marketing here. If we can't identify the Transformers, why will we buy them? If we can't relate to them on more than just a superficial level, where's the emotional hook that will trigger that illogical buying decision and thus making us pick up the merchandise. The only case where the movie succeeds in this aspect is advertising the US Air Force. Let's face it - that's always been the heavy price the movie had to pay in order to get the rights to feature all those cool jets, UAVs and naval warships.
Thus we end up thinking about the glue that ties all these elements together - the story. And this is where things hurt a bit - or maybe a lot. Longer term fans of the franchise were hoping that the reference to The Fallen meant a reference to a character more prominent in the comic book series, but of course it wasn't. This is Michael Bay after all and he doesn't need a character as defined as that one. He just needs characters to assemble together in hodgepodge fashion. Thus we end up with a really weird spider-like character who doesn't make sense, a need to bring back Megatron that also doesn't make sense and a bonus character of some internet blogger who decides to tag along the entire time as Sam and Mikaela dodge various Decepticons. Things will continue to not make sense throughout the film as it becomes more and more evident that plot was clearly not of the primary considerations for this film at any level.
And this is why we ended up with warped versions of Transformers we used to love dearly. Devastator was huge, visually stunning and had even less personality than he did in the original cartoon. I know he's supposed to get dumber when he combines, but not THAT dumb. Arcee was just...there, and not much beyond that. Where was all her spunk from the original 1986 animated film? What about the other dozens of miscellaneous Decepticons who joined in the fighting? Who the heck were they? Plus even main characters like Bumblebee and Ratchet totally got shafted and did little more than transport humans or appear to be fighting in the background.
Okay, so maybe the robot angle wasn't a total loss. Ravage was really, really cool in a way that only Ravage can be cool and Soundwave, while changed, was still true to his essential role of coordination, but now on a global scale. And yes, it was still pretty cool to see a gestalt like Devastator come together and try to kick some serious ass.
Put this all together and you get a pretty shallow movie that executes its role perfectly well - it's just amazing to watch and it'll occupy you for a few hours but it won't leave any lingering thoughts in your head about the "meaning" of things. It's CGI porn at it's finest, aimed at the eternal adolescent in all of us and that is not necessarily a bad thing to begin with.
This counts as 3.5 Michael Bay level explosions out of 5 (or perhaps 4 cheap ethnic jokes out of 5) from a rating perspective and remains to be something worth seeing on the big screen since this is how the effects were designed to be seen. The jury's still out on whether or not IMAX-level viewing is truly necessary since there's not that much IMAX screen time to begin with. Enjoy it for what it is and not for what you hoped it to be.
Tags: geekdom, movies, reviews, sci-fi, transformers
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Letter of the Month | March 2019
Boughrood
Llyswen
R.S.O
The Times newspaper contains an article upon a letter alleged to be written by you to an American journal.
It represents you as lauding the Americans as a nation to the depreciation of your own country - also of giving undue [unreadable] to the [unreadable] of President of the United States of America over the sovereign of the greatest and most powerful empire in the world, and that sovereign too, whose confidence you enjoyed for the term of years during which you held the office of her Prime Minister.
The above refers especially to a passage in your letter, in which either by a slip of your pen, or {unreadable} of the printer’s, the title ‘President’ was written with ‘P’ in capitals, while that of ‘queen’ was written with a small initial letter.
This, to the eye of a patriotic Englishmen is naturally offensive and what I wish to know is, whether I am right in conjecturing that it was an error of the printers and not an intentional slight on your part on the Person of her most gracious majesty the Queen.
Apologising for thus troubling you.
I am yours truly,
Charles de Winter
This month’s letter is one that demonstrates how polarising Gladstone’s views and writings could be. It is a letter from the Glynne-Gladstone Archive [GG/1642/12] from a Mr Charles De Winter who has written to Mr Gladstone to express his displeasure over a recent article written by the statesman in an American journal.
The transcription of Mr De Winter’s letter can be seen above.
This ‘alleged’ letter that Mr De Winter is referring to, is of course Gladstone’s famous ‘Kin Beyond Sea’ article, which appeared in the September-October 1878 edition of the US-based North American Review. It was the first piece of Gladstone’s writing that was specifically aimed at an American audience and signifies an entrance for the ‘Grand Old Man’ into the sphere of American politics, even while his political star was not in ascendance in Britain. In the article, Gladstone aims to compare the English and American political systems and claim the US as kin to Britain, while also putting forth an argument that the US would, in the near future, surpass Britain commercially. This was a small part of a wider argument that Gladstone was making at the time against Disraeli’s Conservative government wherein he argued that continued Imperial expansion by the Tories would only drain Britain of manpower, wealth and commercial superiority to the benefit of its competitors.
To make this argument, Gladstone is somewhat effusive in his praise of the American political system, its President, and its mounting commercial power. It is this flattery that many contemporary newspapers focused on, and took issue with. Press cuttings also present in this folder show reactions to the article from The Pall Mall Gazette (Wednesday, 18th September 1878), The Midland Counties Evening Express (Friday, 20th September 1878) and The Examiner (21st September 1878). [1]
The Pall Mall Gazette (Wednesday, 18th September 1878) ran a full front-page article on their reaction to Mr Gladstone’s writing, which indicates both the seriousness and the newsworthiness of the issue. The Gazette questions Mr Gladstone’s decision to first bring up, and then elaborate on, the subject of Anglo-American relations and commercial supremacy, explaining:
‘Mr Gladstone begins by stating what he does not intend to write about, and under this heading is comprised “the menace which, in the prospective development of her resources, America offers to the commercial pre-eminence of England.” It would have been well for his reputation and influence if he had been content, in excluding this subject, to exclude it altogether.’ [2]
The authors of the article strenuously disagree with Gladstone’s decision to present American supremacy as a fait accompli and take issue with his tone, stating that:
‘The jauntiness with which he expresses a conviction which ought to be enough to sober a more flippant politician than Mr Gladstone, and the imprudence of stating what is only a possibility as though it were for practical purposes a certainty, are unworthy, the one of any man calling himself a patriot, the other of any man calling himself a statesman.’ [3]
Both The Midland Counties Evening Express (Friday, 20th September 1878) and The Examiner (21st September 1878) show that tempers had not cooled even a few days later with The Express titling their article ‘Mr Gladstone as Cassandra’, a reference to the Greek mythological seer whose prophecies were often true but never believed. [4] This is a strange title, considering that the article that follows is vitriolic in tone, calling Gladstone’s arguments 'incomprehensible' [5] and stating that:
'Mr Gladstone has forgotten his patriotism…his chagrin at being excluded from power for some years, and seeing his pet opinions overruled by the wiser policy and superior skill in statecraft of his rival, has led him to believe that a nation capable of such extreme stupidity as to tolerate this must necessarily be already in its decadence.' [6]
The Examiner is slightly softer in its tone, acknowledging that: 'In penning "Kin Beyond Sea" Mr Gladstone has evidently been at extraordinary pains to eschew offence' and that ‘The candour of the article is simply admirable, and it may well be that it contains the germs of an Anglo-American alliance beside which the tawdry Oriental Imperialism of Earl Beaconsfield must be esteemed poor indeed.' [7] Clearly this journal is somewhat hostile to the Government’s policies, however, that does not stop the article’s authors from stating that in reaction to Gladstone’s article they do ‘not know whether to laugh or cry’. [8]
It is in this atmosphere that Mr De Winter wrote his letter to Gladstone. However, he did not concentrate so much on the opinions expressed in the article, as the newspapers did, but instead on its grammar. While this may seem trivial in comparison to the great debate going on, Mr De Winter had serious concerns. He is particularly incensed that while Gladstone has graced the President of the United States with a Capital ‘P’ for his title, the Queen of England is referred to merely as the queen (with a lower-case q)! At a time when patriotism and commitment to the Queen was a very serious commitment, and speaking ill of Her Majesty could end a person’s political career, this is a heated claim and it is probably with this in mind that Mr De Winter offers an alternative explanation stating:
‘…what I wish to know is, whether I am right in conjecturing that it was an error of the printers and not an intentional slight on your part on the Person of her most gracious majesty the Queen.’ [9]
We have no record of any response from Gladstone, though one may be out there, and who knows if he meant any deliberate slight, merely mis-wrote or was ill-edited by his printers in regards to his grammar. However, we do know that despite the anger that Mr De Winter feels over this issue (as can be seen by emotionally underlined words), he is still perfectly polite in signing off his letter and in typical Victorian fashion, gracefully concludes his harangue: ‘Apologising for thus troubling you. I am yours truly, Charles de Winter’. [10]
Click here to read and examine Gladstone’s original ‘Kin Beyond Sea’ article in the North American Review (September-October, 1878).
By Sophie Hammond, Graduate Work Experience student
[1] Pall Mall Gazette (Wednesday, September 18, 1878) [GG/1642/14]; The Midland Counties Evening Express (Friday, September 20, 1878) [GG/1642/15]; The Examiner (September 21, 1878) [GG/1642/18]
[2] Pall Mall Gazette (Wednesday, September 18, 1878) [GG/1642/14]
[4] The Midland Counties Evening Express (Friday, September 20, 1878) [GG/1642/15]
[7] The Examiner (September 21, 1878) [GG/1642/18]
[9] A letter to WEG from a Mr Charles De Winter about Gladstone’s ‘Kin Beyond Sea’ article in North American Review (26/09/1878) [GG/1642/12]
[10] A letter to WEG from a Mr Charles De Winter about Gladstone’s ‘Kin Beyond Sea’ article in North American Review (26/09/1878) [GG/1642/12]
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Home [english] Impacts Morocco: over 100 Hirak (...)
Morocco: over 100 Hirak protesters released following royal pardon
Image: Mohamed Mouha
On June 4, King Mohammed VI pardoned 60 protesters jailed for the mass Hirak Rif protests in 2016 and 47 for the Hirak Jerada protests in 2017. The royal pardon was granted on the grounds that they did not commit violence or grave acts during those events. The Hirak protests, triggered by the tragic death of fish vendor Mohcine Fikri in 2016, highlighted the deprivation and neglect of Morocco’s marginalised regions, calling for basic economic and social rights. The repression of these social movements by the authorities was particularly violent.
During a mission in Morocco in February 2019, FIDH systematically raised the release of protesters with the Moroccan authorities, and engaged them on the fundamental issues of economic and social rights underpinning the protest movements. The release of a number of protesters is a welcome first step, however Moroccan authorities should release all people detained for having peacefully claimed their legitimate rights, while addressing the political, social and economic roots of such protest movements. FIDH will continue to monitor and work to ensure that Morocco upholds its national, regional and international human rights commitments, including the implementation of economic, social and cultural rights, as well as respect for freedoms of assembly, movement and association.
For further information on our work and organisations in Morocco see here.
Member organisations - Morocco
Morocco: Convictions Based on Tainted “Confessions”
Between Round-ups and Regularisation: Morocco’s Vacillating Migration Policy
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Film in Slovenia
Slovenia Film Commission
Houston, We Have a Problem! / Houston, imamo problem! (2016)
88 min / docu-fiction, Feature Film
The Cold War, the space race and the Americans landing on the Moon were major milestones that left their mark on recent history. These events are, however, surrounded by a shroud of mystery that still preys on our imagination. The movie Houston, We Have a Problem! from director Žiga Virc is a new contribution to current discussions about conspiracy theories. This intriguing docu-fiction film explores the myth of the alleged US purchase of the secret Yugoslav space program in the early 1960s, in a deal that was worth billions of dollars.
The film explores the myth of the Yugoslavian space program, developed in the 1960s by the Socialist Federal Republic of Yugoslavia, and sold to the United States, in a deal brokered by presidents Tito and Kennedy, while it was still in development. Money from the sale enabled Yugoslavia to have a higher standard of living than that enjoyed by other socialist countries.
This myth is particularly prevalent in the countries of former Yugoslavia. According to a survey by Radio Svobodna Evropa (Radio Free Europe) in 2012, 41.8% of the population of Serbia believed the myth to be true.
As with the Yugoslav atomic bomb, rumors of the alleged space program were originally confined to a narrow circle of insiders in the Yugoslav People's Army and other security services. The myth first became popular with the wider public in January 2012, when the filmmakers Žiga and Boštjan Virc uploaded a short video clip on YouTube. In just a few days, this clip received in excess of one million views as well as extensive media attention.
The myth of the Yugoslav space program is based on the following historical facts:
1. Herman Potočnik Noordung
Herman Potočnik Noordung was a Slovenian engineer and pioneer of cosmonautics, space flight and technology. His publication "The Problem of Space Travel" influenced German, American and Soviet scientists.
Noordung died in 1929 and it is speculated that US agents confiscated his surviving unpublished notes from the apartment of his brother's wife in Vienna in 1945. The fate of these documents is not known; their existence was never definitively confirmed.
2. Financial support from the US
In the early 1960s, from Eisenhower's presidency onward, Yugoslavia benefited from a privileged position in US foreign policy, including generous financial assistance and loans which raised the standard of living in Yugoslavia and kept Tito's regime firmly in power. The amounts that Yugoslavia received were larger than NASA's annual budgets. After Eisenhower, President Kennedy continued the policy of affection toward Yugoslavia, despite strong protests from rightwing circles and some Yugoslav emigrants in the US. Tito was the last foreign statesman to visit Kennedy before his death on the 22nd of November 1963. The reasons for this financial assistance from the US are still not exactly clear to this day.
3. Technological capacity of Yugoslavia
Despite its foreign policy and economic difficulties, Yugoslavia made rapid technological progress after its break with the USSR in 1948 and especially after it opened up to the West and secured US financial support. Soon after, Yugoslavia was in possession of several nuclear reactors and institutes; and its defense industry developed rapidly, manufacturing submarines and military jet aircraft, and modifying missile technology.
The operator of all these projects was the Military-Technical Institute in Belgrade, in cooperation with various domestic and foreign companies. These projects culminated in the development of a new supersonic aircraft, named "Novi avion" (New Plane), which was interrupted by the dissolution of the country. It is believed that a Yugoslav spy satellite was developed in secret at the same time, along with other projects that are still cloaked in secrecy.
4. Scientific cooperation between the United States and Yugoslavia
In parallel with American financial support for Yugoslavia, there was also intensive scientific cooperation between the US and Yugoslavia in various fields. American astronauts, including the crews of Apollo 8, 9 and 11, visited Yugoslavia regularly, exchanging scientific experience. On the 26th of September 1967, Belgrade held the first-ever international symposium on space exploration "First Steps Toward Space"; the second symposium took place in New York on the 16th of October 1968. On the 27th of June 1971, Belgrade held an exhibition on space technologies, bringing together American and Soviet specialists under the same roof. Tito's intervention was credited with fostering US-Soviet cooperation in exploring the universe, which continues today.
5. Yugoslav engineers at NASA
NASA employed an unusually large number of Yugoslav engineers, especially considering the American tendency to distrust people from socialist countries and the sensitive security aspects of the space program. Many of them occupied high-level positions; the most famous is probably the late Mike (Milojko) Vucelić, who was awarded the Freedom Award by President Johnson for his work on the Apollo program. The best-known Slovene working at NASA is the now retired engineer Anton Mavretič.
6. The Yugoslav flag on the Moon
It is a little-known fact that the Apollo 11 crew carried with it the flag of Yugoslavia, when they took humankind's first steps on the Moon on the 20th of July 1969. This flag, and a moonstone sample delivered to Tito by US astronauts shortly after the mission, are held at the Museum of Yugoslav History in Belgrade. Both exhibits have been displayed publicly on several occasions, most recently in April 2016 in Banja Luka, Bosnia and Herzegovina.
Director: Žiga Virc
Screenwriter: Boštjan Virc, Žiga Virc
D.O.P.: Andrej Virc
Editor: Vladimir Gojun
Sound designer: Matjaž Moraus Zdešar, Julij Zornik
Co-producer: Siniša Juričić, Ingmar Trost
Production Company: Studio Virc d.o.o.
Co-production Company: Westdeutsche Rundfunk (WDR), RTV Slovenija, HBO Europe, Sutor Kolonko, Nukleus film d.o.o.
Co-funding: Eurimages, HAVC / Hrvatski audiovizualni centar, Media Program EU, Slovenski filmski center, javna agencija RS, Doha Film Institue Katar
Film format: DCP
Colours: color
Sound: 5.1
Houston, We Have a Problem! (trailer)
Slovenian Film Centre
SI - 1000 Ljubljana
T: +386 (0)1 23 43 200
F: +386 (0)1 23 43 219
E: info@film-center.si
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Slovenian films from 1905 to today.
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The State of Bitcoin Regulation in Australia
The Australian Senate’s Economics References Committee released a report which effectively summaries the current regulatory framework.
Sophie Gerber | Bloggers ( CryptoCurrency ) | Thursday, 10/12/2015 | 17:52 GMT+1 2016-03-22 15:43:35
This article was written by Patricia Tsang and Sophie Gerber (Director, TRAction Fintech Pty Ltd which provides services to report on behalf of OTC derivatives issuers).
The government and regulators are coming to grips with Bitcoin in Australia. The Australian Senate’s Economics References Committee released a report in August 2015 which effectively summaries the current regulatory framework. The Report also contains a number of recommendations which may inform the Government and regulators as to the future direction in the area.
Current regulatory framework
The Australian Taxation Office (ATO) released a suite of draft public rulings on the tax treatment of digital currencies on 20 August 2014. The ATO’s rulings, which were finalised on 17 December 2014, determined the following:
Transacting with bitcoins is akin to a barter arrangement, with similar tax consequences. The ATO’s view is that Bitcoin is neither money nor a foreign currency, and the supply of bitcoin is not a financial supply for goods and services tax. Bitcoin is, however, an asset for capital gains tax (CGT) purposes.
The Report sets out a summary of the taxation implication of the ATO’s rulings on digital currencies as follows:
Capital gains tax (CGT)—Those using digital currency for investment or business purposes may be subject to CGT when they dispose of digital currency, in the same way they would be for the disposal of shares or similar CGT assets; individuals who make personal use of digital currency (for example using digital currency to purchase items to buy a coffee) and where the cost of the Bitcoin was less than AUD$10,000, will have no CGT obligations.
Goods and Services Tax (GST)—Individuals will be charged GST when they buy digital currency, as with any other property. Businesses will charge GST when they supply digital currency and be charged GST when they buy digital currency.
Income Tax—Businesses providing an exchange service, buying and selling digital currency, or mining Bitcoin will pay income tax on the profits. Businesses paid in Bitcoin will include the amount, valued in Australian currency, in assessable business income. Those trading digital currencies for profit, will also be required to include the profits as part of their assessable income.
Fringe Benefits Tax (FBT)—remuneration paid in digital currency will be subject to FBT where the employee has a valid salary sacrifice arrangement, otherwise the usual salary and wage PAYG rules will apply.
The Australian government is in the process of preparing a white paper (a paper which embodies a statement of government policy) in relation to taxation in this area which could result in changes.
Financial Regulation and Consumer Protection
The current financial services regulatory regime under the Corporations Act 2001 applies to ‘financial products’.
According to the Report, the view of the Australian Securities and Investments Commission (ASIC) is that digital currencies themselves do not fall within the legal definition of ‘financial product’ under the Corporations Act (or the Australian Securities and Investments Commission Act 2001).
This means that ‘a person is not providing financial services when they operate a digital currency trading platform, provide advice on digital currencies or arrange for others to buy and sell digital currencies’.
Further, according to the Report, this means that a person does not need:
(a) an Australian market licence to operate a digital currency trading platform; and
(b) an Australian financial services (AFS) licence in order to: (i) trade in digital currency; (ii) hold a digital currency on behalf of another person; (iii) provide advice in relation to digital currency; and (iv) arrange for others to buy and sell digital currency.
Consistent with the ATO’s view, ASIC does not consider that digital currencies are money or currency for the purposes of the Corporations Act or the ASIC Act; instead they are more akin to a commodity. As such, the exchanges of digital currency and national currency are not treated as foreign exchange contracts.
Also according to the Report, ASIC advised that its understanding was that contracts for exchanging national currency for digital currency through online platforms or ATMs are typically settled immediately, and the normal licensing and disclosure requirements under the Corporations Act would not apply to digital currency exchanges.
However, while digital currency itself does not fit within the definition of financial products, ASIC considers that some digital currency businesses offer facilities, such as non-cash payment facilities, which may be financial products. ASIC noted that where regulated financial services providers have expanded their product offerings to include the use of digital currencies, these products are considered financial products.
For example, PayPal recently entered into an agreement with leading Bitcoin payments processors Bitpay, Coinbase and GoCoin to enable its merchants to accept Bitcoin. In this instance, the usual financial services licensing, conduct and disclosure obligations for financial products in the Corporations Act apply.
ASIC noted that intermediary facilities for paying for goods and services may be providing a facility through which non-cash payments are made in digital currency, regardless of whether the merchant accepts digital currency. Non-cash payments are a type of financial product and this type of digital currency intermediary facility may require an AFS licence. An example of this kind of facility is the recently announced CoinJar Swipe card, which allows CoinJar customers to convert the value in their CoinJar Bitcoin wallet to Australian dollars loaded onto an EFTPOS card.
Further, as set out above, ASIC currently considers Bitcoin as akin to a commodity. Presumably, whilst not referred to in the Report, a derivative in relation to Bitcoin may be considered by ASIC as a commodity derivative. Under the Corporations (Derivatives) Determination 2013 (the Ministerial Determination), five classes of derivatives were determined to be subject to the ASIC Derivative Transaction Rules (Reporting) 2013 as amended: (a) commodity derivatives other than electricity derivatives, (b) credit derivatives, (c) equity derivatives, (d) foreign exchange derivatives and (e) interest rate derivatives.
Even though the Explanatory Memorandum in relation to the Ministerial Determination states that the five derivative classes are intended to align with generally used industry derivatives taxonomies such as those issued by the International Swaps and Derivatives Association (which current version does not include a category for Bitcoin / digital currency derivatives), commodity derivatives are not defined in the Ministerial Determination or the Reporting Rules, and bitcoin derivatives may be potentially reportable as commodity derivatives under the Reporting Rules.
On 7 December 2014, the final report of the Australian government’s Financial System Inquiry (FSI) was released and the Australian Treasury is currently conducting a consultation process on the FSI recommendations. The FSI found that:
Digital currencies are not currently widely used as a unit of account in Australia and as such may not be regarded as ‘money’. However, their use in payment systems could expand in the future. It will be important that payments system regulation is able to accommodate them, as well as other potential payment instruments that are not yet conceived. Current legislation should be reviewed to ensure payment services using alternative mediums of exchange can be regulated—from consumer, stability, competition, efficiency and AML [anti-money laundering] perspectives—if a public interest case arises.
While ASIC does not consider digital currencies to be currency or money for the purposes of the Corporations Act or the ASIC Act, the general consumer protection provisions of the Competition and Consumer Act 2010 apply to digital currencies, rather than the equivalent provisions in the ASIC Act. The Competition and Consumer Act 2010 is administered by the Australian Competition and Consumer Commission (ACCC).
The Reserve Bank of Australia (RBA) is the principal regulator of the payments system, and administers the Payment Systems (Regulation) Act 1998 (PSRA). According to the Report, the RBA currently considers digital currencies to be in limited use and do not yet raise any significant concerns with respect to competition, efficiency or risk to the financial system; and are not currently regulated by the RBA or subject to regulatory oversight.
However, the RBA informed the Senate committee in April 2015 that it would be assessing whether the current regulatory framework could accommodate alternative mediums of exchange such as digital currencies
According to the Report, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) currently only covers a very small proportion of the digital currencies. It does not cover digital currencies, such as Bitcoin, that are not backed by precious metal or bullion.
While a subsection of the AML/CTF Act enables the regulation of digital currencies backed either directly or indirectly by ‘a thing of a kind prescribed by the AML/CTF Rules’, no such rules have been issued to date. Further, Australia’s current AML/CTF regime allows for limited regulatory oversight of convertible digital currencies. Whenever they are exchanged for fiat currencies, or vice versa, the transactions will generally intersect with banking or remittance services which are regulated under the AML/CTF regime.
The Attorney-General’s Department is currently conducting a statutory review of the operation of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) which is considering the emergence of digital currencies and whether they should be brought within Australia’s AML/ CTF regime.
Recommendations in the Report
[gap]
Recommendation 1
The committee is of the view that digital currency should be treated as money for the purposes of the goods and services tax. As such, the committee recommends that the government consults with the states and territories to consider amending the definition of money in the A New Tax System (Goods and Services Tax) Act 1999 and including digital currency in the definition of financial supply in A New Tax System (Goods and Services Tax) Regulations 1999.
The committee recommends that further examination of appropriate tax treatment of digital currencies should be included in the taxation white paper process, with particular regard to income tax and fringe benefits tax.
The committee recommends that the Australian government consider establishing a Digital Economy Taskforce to gather further information on the uses, opportunities and risks associated with digital currencies. This will enable regulators, such as the Reserve Bank of Australia and ASIC, to monitor and determine if and when it may be appropriate to regulate certain digital currency businesses. In the meantime, the committee supports ADCCA (the Australian Digital Currency Commerce Association)’s continued development of a self-regulation model, in consultation with government agencies.
The committee recommends that the statutory review considers applying AML/CTF regulations to digital currency exchanges.
The Report’s recommendations may inform the Government and regulators as to future direction.
Tags: Australia / Community / regulation
Well the regulation has kept companies like http://bit.do/Coinbase out of Australia (although strangely http://bit.do/Uphold has managed entry). On the other hand http://bit.do/buybtc has exploded and seems to be #3 in the worldwide volume charts now for Australia.
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The Next Left: A Transatlantic Conversation
February 17th, 2006 | Author: Gerry
Jonathan Freedland and Michael Walzer
Published in Gerry Hassan (ed.), After Blair: Politics after the New Labour Decade, Lawrence and Wishart in association with Compass 2006.
Dear Michael,
In the Clinton-Blair years, progressive parties in Britain and the US joined forces, trading electoral techniques and even the ‘New’ philosophy that saw them shed unpopular positions on welfare, crime etc in order to become more electable: New Labour, New Democrats.
In Britain that approach has weathered better than it did in the US: Labour is still in government while Democrats have been ejected from both Congress and the White House.
Could there be a new kind of transatlantic progressive dialogue that might heave the Democrats out of the hole – and rejuvenate a flagging Labour government? There are dozens, including climate change and immigration etc, but I propose three areas to consider:
1) ‘Values’: Can progressives construct a response to the ‘values’ agenda which has done so much to keep the right in power in the US and badly inhibits Labour in the UK? Can the left find its own language of morality, not merely to dress up old left positions in moral vocabulary, but to imagine new stances? Might there be some left shibboleths which have to go as a result, much as several shibboleths had to be discarded in the Blair/Clinton era? For example, might it fall to the left to call a halt to the sexualisation of the public sphere and mainstreaming of pornography, partly for traditional left reasons (feminism, anti-exploitation) but also for reasons that would strike a chord with social conservatives e.g. ensuring a public realm that is not off-limits to families, children etc?
2) Domestic policy/Welfare: Could the left rethink its own liberalism, adding a remodelled economic liberalism to its social liberalism? The right currently understands ‘non-state actors’, invited into provision of public or collective services, to mean private, profit-seeking companies. Could there be a refashioning of that non-statist approach that would involve actors that are not state but not commercial either? Actors from the voluntary or third sector: churches, charities etc. This is not news in the US. Even in Britain this approach would revive Victorian notions of mutuality and even municipality. Nevertheless, spelled out coherently, it would count as innovative in the UK.
3) The left and the world: Is there a coherent, progressive response to the neo-con project? Currently it is the right who are articulating what used to be a left aim – a revolutionary plan to change the world, through force if necessary. Can those who opposed the Iraq war and the Bush method nevertheless craft their own doctrine which might hasten the demise of tyrannies around the world – without starting illegal wars or
repeating the mistakes of imperialisms past?
Put together, might these ideas amount to an alternative Anglo-Saxon model? Right now, that model is understood – especially in Europe – to be neo-liberal on economics and neo-con on foreign policy. Might progressives in both the US and UK be able to construct a vision which would connect more easily with European approaches, thereby healing the
current US-European rift and soothing Britain’s own, strained relations with its continental neighbour?
Princeton,
Thank you for your initial thoughts.
In response to your three areas.
1) ‘Values’:
‘Values’ on the American right today have to do almost entirely with sex: gay marriage, abortion, pornography in Hollywood, and so on. Of course, right wing opposition in these cases isn’t serious: the number of abortions has increased during the Bush years, primarily because of the decline of welfare programs aimed at children; the spread of pornography is a market phenomenon, and the Bush people are not interested in regulation; they can stop gay marriage, though so many gay men and women are drawn to libertarian ideology that they may soon be a major presence in the Republican party. It isn’t crazy to think that this issue will pass to the Democrats – who shouldn’t be eager to adopt it. The politicisation of sex is probably not in the interest of the left. We can’t become the censors of movies and books, not even of billboards, and the internet is hopeless, short of the kind of controls that the Chinese government imposes. The right
will always outbid us on these issues. Anyway, the truth is that morality is already the dominant discourse of the left, while on the right the dominant discourse is ideological (or theological). We have lost confidence in the old theories and the big picture; instead we talk endlessly about values: human rights, commodification, community, corporate corruption, equal respect .… The list goes on. Our primary task, it seems to me, is to make the value story coherent, to re-discover the big picture.
2) Domestic policy/Welfare:
I have been arguing for many years for leftist initiatives in this area. We should be the advocates of many different forms of civic action. The‘faith-based welfare’ programs now being pushed by the Bush administration are not new in the US. Catholics, Lutherans, Jews, and others have for many years run mini-welfare societies–day-care, hospitals, nursing homes, etc.- with access to tax money. The money spent by Catholic Charities, for example, is almost two-thirds state money. The trouble with these programs in the past is that the strongest groups collect and distribute the most money. If black Baptists were running welfare programs as extensive as those of white Lutherans, American society would look significantly different than it does. So what the state should do is to enhance the resources and capacities of the weakest groups first. But it shouldn’t be only religious groups that provide these services. The actual legislation here in the US
calls for community – based, not faith-based, welfare, so why haven’t labour unions, say, rushed to develop programs? Why shouldn’t there be day-care centres run by unions in factories and office buildings around the country, partially funded by the state? We have to oppose things like private prisons (a real danger to American justice), but we also have to support third-sector nursing homes. And we have to be able to explain the difference.
3) The left and the world:
You are right. In this country, at least, the right is ideologically committed, single-minded, and radical, whereas the left, or the near-left, is cautious, prudent, and ‘realistic.’ I am less worried than you are about illegal wars. NATO in Kosovo was illegal, as was the Vietnamese intervention in Cambodia, India in Bangladesh, Tanzania in Idi Amin’s Uganda. Any intervention in Rwanda would have been illegal, since the UN was not going to authorise it. The problem is with unnecessary and unjust wars. It seems to me that the best way to stop them is to recognise the value of force-short-of-war. We should be the advocates of new forms of collective security, which will sometimes involve sanctions, embargoes, coercive inspections, no-fly zones, and so on – all the things that actually worked in Iraq and made that war unnecessary and unjust. In the face of actual aggression or massacres in progress, we have to be ready, as we mostly are not, to go to war. In the face of aggressive and brutal regimes, which have not yet attacked their neighbours and are not actually killing their own people, we need to open up a range of options. If collective security is to work, however, we have to resist the cant phrase about force being a last resort. It isn’t; force-short-of-war obviously comes before war itself. Collective security is a ‘realist’ strategy, prudent, tough minded, and (we hope) unexciting. So, at the same time, we should be promoting a third sector radicalism. Groups like Human Rights Watch and Amnesty International actually work for regime change in places where state action would not be justified. The left generally should be engaged, and engaged enthusiastically, in this sort of work.
It is in the global arena, most importantly, that we should be putting forward an alternative to neo-liberal economics. We need a theoretical account of free trade and industrial production in the third world that factors in the environmental costs and the human costs – and points toward some way of dealing with both. Here, it seems to me, the US and UK need to move closer to European social-democracy – conceived, however, in international rather than in domestic terms. But with regard to foreign policy, it is Europe that needs to move – not with reference to Iraq, where the US and UK are stuck and can’t expect to be rescued, but on all sorts of other issues. What is important is that Europeans accept that they too are responsible for the way the world goes, in Iran, for example, or in Darfur, or in Afghanistan, wherever they have the capacity to act. I doubt that the rift with the Bush administration would be healed if the EU acted with greater responsibility and independence. But it would be a better rift, and some future American administration would recognise the improvement.
The summer hiatus in our correspondence may have brought a change in perspective. Bombs have gone off – and just failed to go off – in London and, as I write, New Orleans is vanishing under floodwater. Both our countries have withstood some shocks.
To respond to your thoughts in those initial three areas. On values: one potent left tactic, at least, might be to do more often what you did in your last note – namely, to expose the right’s failings to live up to their own rhetoric. As you say, abortion and pornography are both on the increase and the right are hobbled in their reaction – chiefly by the contradictions between their social conservatism and their free-market liberalism.
That’s a useful debating point for liberals, but I would not yet want to give up on a left assault on some of this same ground. Sure, if that means the ‘politicisation of sex,’ with Chinese-style censoring of the Internet, the left would want to keep well away. But we are surely capable of a response which is somewhere between indifference and a Beijing-style crackdown. An example: The Guardian recently ran a story about a leading British store selling Playboy-branded stationery to young girls. There was an enormous response from all kinds of readers – young and old, male and female – almost unanimous in their condemnation of the store. These were self-described liberals and leftists who felt bereft of a vocabulary for speaking about this issue. They were not prudes or bigots, but they disliked the idea of big companies profiteering from the sexualisation of childhood. I don’t think we can abandon that sentiment – or those people. We ought to be able to draw
from feminism, amongst other ideas, to find our own language in this area.
More interesting though is your larger point about rediscovering the big picture. What might such an over-arching ideology for the left consist of? I once toyed with the slogan ‘putting people in charge of their own lives’ – which would capture everything from increased powers for local communities (a big issue for Britain which has little of the decentralised powers Americans take for granted) to women’s reproductive rights and plenty in between. It would encompass democracy but also economic empowerment. Its central creed would be autonomy, the power to govern ourselves: that would extend to an internationalist belief in the right of self-determination, for Iraqis, Palestinians and, one might add, Israelis. But if that does not fly as a coherent left ideology, maybe it’s ‘dignity’ or perhaps ‘the equal worth of all human beings.’ The right have ‘markets and freedom’. We need a story of our own.
On domestic policy and welfare, I think we are in agreement. The US is much further down this third sector role than the UK. I can see that the challenge in the US is to ensure resources for the weakest groups. In the UK, we need first to establish the very idea! And that will mean a culture shift for the left. Since 1945 we have got used to seeing the state as the only legitimate actor – and have been suspicious of all other players as somehow presaging a return to pre-1945, Victorian-style ‘charity.’ On a specific: you condemn private prisons, which are pretty well an unchallenged part of the Blairite creed. Perhaps you could say more on your opposition to them?
Finally, on the left and the world. I take your point about legality. It chimes with my own view of the Kosovo war, which I believed was legitimate even if illegal under UN rules. So legitimacy is the issue. A very large challenge is to define legitimacy more precisely, and perhaps come to a new understanding of the very idea of sovereignty – one that would give us a clearer guide as to when nations can intervene in the affairs of other nations. I think the international commission which recently came up with the idea of a ‘responsibility to protect’, rather than a right to intervene, helped us along this path. But there’s more work to do.
The force-short-of-war idea is similarly imaginative – and I cannot argue with your demand that the EU buries some of its pious inertia and starts taking responsibility for matters it currently dumps on the Americans. (Though this feels less likely now than ever. The defeat of the European constitution has brought the European project to a halt, while the internal woes of France and Germany leaves both those nations in little mood to shoulder global responsibilities.)
But, perhaps mindful of what happened here on July 7th, I think we need a left response to what feels like the great issue of our times: global Islamist radicalism. This movement is totalitarian and theocratic, but it clearly articulates the anger felt by those for whom the left would traditionally feel sympathy – the poor, the disadvantaged, the discriminated against, and, in some cases, the occupied. Are we to join Christopher Hitchens and others in branding this as Islamo-fascism – Nazism in a green bandana – or are we to join George Galloway et al in seeing it as the (perhaps unattractive) face of a global movement against imperialism? Or can we stake out some viable ground in between?
September 18th
It looks like we are talking about three sets of issues, and I have organised my responses to fit that pattern.
Firstly, I certainly don’t want to defend indifference to cultural pornification or to the sexual exploitation of children. Of course we should oppose that sort of thing, and we should identify it, accurately, with market freedom and corporate (also entrepeneurial) profiteering. This is capitalism unbridled. But what puzzles and disturbs me is that I don’t see precisely how we mean to bridle it. With regard to child labour or factory safety or environmental damage, I know pretty clearly what constraints I want to impose on the market. But here I don’t know. Where is the middle ground between Chinese style censorship and libertarian permissiveness? Or, better, what policies can you describe that are appropriate to this middle ground? Some feminists in the US are ready to defend censorship; I see their point, but given who the censors will be, I don’t want to move in that direction.
As for the big picture – well, its creation can’t simply be willed. The central ideas must respond to actual anxieties and aspirations. Individual autonomy is an aspiration, and it has great appeal these days, especially, I think, to younger and more affluent Americans (and Brits?). A student at Yale University wrote a piece for ‘Dissent’ about the last elections in which he claimed that his classmates’ overwhelming support for Kerry had more to do with gay marriage than with health care or social security or, for that matter, the war in Iraq. His sense of their emerging politics – a combination of cultural/social radicalism and neo-liberalism. That’s not a good formula for the left’s future.
My own sense is that we would do better right now to address anxieties. Hence the slogan I would adopt is an old one, first enunciated by Churchill and Roosevelt: ‘Freedom from Fear.’ The left has to address the question of security, and our way of doing that should be to talk about collective security both at home and abroad. I think that ordinary men and women (though maybe not the overprivileged young) feel very vulnerable these days – and not only because of terrorist attacks. Market forces produce their own terrors, and the steady erosion of all the forms of social protection exposes people to a new range of risk. The classic task of the left, I have always believed, is risk-reduction for the people most at risk. Egalitarianism is a commitment to make poor and poorer people as much at home in the world and as safe in it as rich people have always been. Well, that’s a reductionist account, but maybe a useful one.
On domestic policy and welfare, twenty years ago I wrote an article (in ‘The New Republic’) against private prisons. I mean, private for-profit prisons; maybe the Blairites imagine prisons run by Amnesty International or Human Rights Watch. I would probably be against that too, but the other opposition is much easier. What’s wrong with the private prison? ‘It exposes the prisoners to private or corporate purposes, and it sets them at some distance from the protection of the law. The critical exposure is to profit-taking at the prisoners’ expense, and given the conditions under which they live, they are bound to suspect that they are regularly used and exploited. For aren’t the purposes of their private jailers different from the purposes of the courts that sent them to jail? All the internal rules and regulations of their imprisonment, the system of discipline and reward, the hundreds of small decisions that shape their daily lives, are open now to a single unanswerable question: Is this punishment or economic calculation, the law or the market?’
I still believe that the practice of punishment must be the responsibility of the state and that the agents of punishment must be officials of the state, bound in the first instance by its laws. You can privatise the prison’s kitchen and its laundry, but not the prison itself. Surely the Blairites don’t want to privatise the police – for that would raise very big questions about the legitimacy of just about everything the police do. But prison guards vis-à-vis prisoners are simply police, and their legitimacy, it seems to me, depends on their public role.
Finally, on the left and the world. Surely it is the responsibility to protect that gives rise to the right to intervene. If protection involves sending an army across an international frontier, then we might as well call it intervention. If you want to pose clearly the question of sovereignty’s limits, then we might think of humanitarian intervention as the enforcement of human rights. Individual autonomy is limited by the rights of other people, and state sovereignty is limited by the rights of the state’s own people. There is no sovereign right to massacre your own people, as the Khmer Rouge massacred the Cambodians, for example,: sovereignty ends at the killing fields. How many people have to be at risk before intervention is justified? That is a hard question, and I don’t know how to answer it. But it probably is a theoretical question. In so many places, from Cambodia and Uganda in the 1970s to Darfur today, the numbers were and are so great that the question isn’t hard at all.
Does radical Islam in its terrorist versions articulate the anger of the poor, disadvantaged, and so on? We should not be too quick to accept that – given, first, that so many of the Islamist militants are neither poor nor disadvantaged and, second, that so many poor and disadvantaged people have found other articulations of their pain and anger. The causes of terrorism are no doubt deep and complex, but I would guess that they have more to do with resentment than with poverty. And for that reason I am tempted by the analogy with fascism – though it is important to note that fascism was (except in Spain) a secular movement, so any religious likeness is bound to be unlike the original in some respects. Still, authoritarianism, state-sponsored thuggery, daily cruelty, and the cult of death (as evidenced most clearly in the Taliban regime): all these argue for the analogy. And I am drawn to it for another reason: in the past, anti-fascist politics, in contrast to anti-communist politics, has tended to go along with a leftist domestic agenda. Maybe opposition to radical Islam abroad will improve the prospects of secular radicalism at home. Finally (we can talk more about this), imagining the enemy as fascist-like doesn’t entail an all-out military response. Until 1939, there were forceful responses short of war that would have contained the Nazi regime and would probably have brought it down. And similar options certainly exist today.
Usefully, I think, we are beginning to converge in those three areas. Perhaps I’ll say a little more on each – and then suggest another question for us to mull.
On values, we both agree on the need to restrain some of the most directly exploitative consequences of capitalism: the challenge is to find the means to bridle them. I share your fears about censorship. In Britain just now we are getting an object lesson in how powers sought for legitimate reasons – say the fight against terrorism – end up being used to restrict our freedom. An 82-year-old heckler at the Labour Party Conference was thrown out of the hall – and then detained under anti-terror laws. So I don’t doubt that if we handed to the state new authority designed to thwart pornographers and child abusers, it would not be long before it was used to gag the rest of us.
But maybe there is a mechanism which would entail collective, but not state, action. I’m thinking of the consumer campaigns which have punished corporations deemed guilty of unacceptable behaviour. In the 1980s it became financially damaging to trade with South Africa. No right-thinking person wanted to have any association with apartheid. Could we not demand that the software giants, the major search engines and internet service providers do whatever it takes to ensure they are not disseminating violent abusive porn – and withhold our custom from those who refuse to do the right thing? Something tells me that, faced with such a challenge, those companies would soon find a technological answer. It would be even easier to direct an equivalent campaign at shops (like my Playboy stationary example). We are being told all the time that we live in a consumer society: well, if that’s so, what about some consumer politics? (Interestingly Britain’s National Consumer Council is now run by Ed Mayo, a man who previously led one of the country’s most radical think tanks: a hint, perhaps, that he sees consumerism as a political movement, potentially at least.) I like, too, the stories of pressure groups who have bought shares in financial companies – only to attend shareholder meetings, demanding the dumping of stocks in the arms industry.
This might feel like tinkering at the edges, but I think of the way big tobacco has had to change its tactics thanks to a marked shift in attitudes to its products. Could we not do the same about the corporations guilty of exploitation, both in the pornographic sense of that word – but also in the more traditional sense, by using, say, slave-wage labour abroad. Nor need this be solely the task of grass roots activism. With sufficient prompting, governments could surely put legal and tax obstacles in the path of corporate villains. But it is up to us to do the prompting.
On the big picture, the autonomy notion I flagged up earlier might be meatier if we link it to economics. We might say that an individual is not meaningfully autonomous if he is so poor that he merely exists rather than lives. In this way, and without reviving the old debate about positive and negative liberty, we could reclaim ‘freedom’ from the right – but endow it with a richer sense of possibility: freedom plus. (Though I concede that, on the page, that slogan looks uncomfortably close to positive freedom.)
In a similar vein, I would shy away from your line about ‘Freedom from Fear.’ The first objection is tactical: it sounds too negative. The left have often made the mistake of seeming like the gloom party: witness Ronald Reagan’s monopolisation of optimism in the 1980s. Britain’s Conservatives are set to choose David Cameron as their new leader, a young, smiling character whose face seems bathed in morning dew. It’s a cliché that we should appeal to people’s hopes not fears, but perhaps a sound one. It’s partly for that reason that I am loath to disregard those quasi-libertarian instincts of the young (who voted for Kerry over gay marriage not health care). There is a rugged kind of confidence there that the left needs to harness, rather than shut out. Perhaps, then, instead of speaking about fear we might talk about opportunity. Admittedly tired from overuse, that word nevertheless might speak to those young Kerry voters. We don’t merely propose risk-reduction for those at the bottom; we demand opportunities for them. Opportunities to work, to live, to express themselves.
Our discussion on domestic policy lighted upon the question of private prisons. I am wholly persuaded by what you say. I would add one note. I was speaking with a former British army officer this week who predicted a return to the Napoleonic notion of the mercenary garrison: the outsourcing of warfare. Already catering and other army functions have been privatised. He says it will not be long before a private security company offers a fighting unit for hire. All your arguments on prisons would apply to that in spades.
As for the left and the world, we agree on the responsibility to protect and the right to intervene – notions which merge in the most desperate circumstances. My fear is that the Iraq episode has tainted this just notion, perhaps for a generation to come.
On the question of whether we should describe Islamism as a mutation of fascism, I can see your logic – yet something holds me back. Perhaps it is the overlordism I associate with fascism – and yet which is surely absent in a worldwide Muslim community which regards itself as on the losing side in almost every sphere. It is true that Islamism has state power to call on in Iran, and had it in Afghanistan under the Taliban, but globally, Islam can make a strong case that it is under the boot-heel rather than wielding it. More candidly, perhaps my worry is that the f-word will demonise Muslim communities themselves. In Britain and Europe that is no idle risk: they are here in substantial numbers and, to paraphrase Rodney King, we have to get along.
The new area I want to mention is about politics itself. For this I’m afraid I have to resort to anecdote. This week I was speaking with an author friend now working on a book about the sex traffic industry across Europe and the Middle East. He interviewed women who had been abducted in Moldova and were now held by Russian hardmen under lock and key all night, until they were driven to a brothel where they ‘service’ up to 20 or 30 men at night, from 6pm till 6am. The women he interviewed were dead behind the eyes; their souls had been erased.
Driving back that night, I listened to the radio news: rows about a smoking ban in Britain, about the Valerie Plame affair in the US. It struck me that what passes for political discourse – the rows and arguments that dominate our media and our legislatures – bare scant relationship to the real injustices that scar our world. There is great cruelty going on everywhere, every day. And yet politics not only fails to stop it – it barely mentions it.
Others will say the same about climate change; our politics seems to miss the things that really matter. I’m not sure what the answer is, but I’m sure that the search for one is the work of the left.
Dear Jonathan,
Yes, we are, as you say, beginning to converge, but there are also some interesting differences, which make me feel a bit like an old leftist, even a very old one, sitting here in the New World. Let me focus on some of these disagreements, taking our broader convergence for granted.
Consumer politics is certainly better than state action on issues like media violence and pornography. But the South African example suggests to me that a leftist politics here might best begin with issues (which you mention also) like racial and gender discrimination, child labour, exploitative wages, and so on. The anti-sweatshop campaign among American college students is a useful example, aimed at forcing universities buying athletic equipment to deal only with companies that meet decent labour standards. I am not against directing campaigns like this against companies that use ‘violent abusive porn’ to sell their goods. However, I am a little more cautious here, because such campaigns will be adopted (here in the US at least) by right wing groups, and used against publishers who sell cheap editions of Lawrence or Nabokov, television stations that air scientific programs on evolution, and theatres and cinemas that cater to gay audiences. We may well end up longing for a free market in these areas.
You say that you are loath to disregard the quasi-libertarianism of the young: ‘there is a rugged kind of confidence there that the left needs to harness, rather than shut out.’ Maybe so, but the young Americans that I described in my last letter were students at one of our elite universities and I suspect that if you have similar British young people in mind they will also be from the upper or upper middle classes. Their confidence has an economic basis. But more and more people here, and probably in Britain too, are less and less confident about their futures. I will write only about the US, where, in the last few days, the media have been pouring out stuff about the dangers of a bird flu pandemic. The anxiety is less about the birds and the flu than about the government’s ability to cope in an emergency. It can’t cope with terrorist attacks or hurricanes; it can’t produce a decent health care system; it has visibly lost its ‘wars’ against crime, poverty, and drugs; it is providing fewer and fewer Americans with full-time jobs and adequate benefits. Why should anyone trust it to deal with the next crisis? A politics that offers some hope of dealing competently and successfully with terrorism, natural disaster, and joblessness seems to me the right politics for the left. I don’t think that security is a negative idea, and the hope for security is the very opposite of gloom and doom.
I agree with what you say about opportunity, but the opportunities that people want are not focused only on individual careers, personal advancement, and self-expression. Of course, we have to talk to those ambitions, but people also want to be able to provide a secure environment for their children and their ageing parents. They want safe streets, and good schools, and available doctors, and clean air and water, and dikes and dams and bridges that won’t collapse in a storm. Laissez faire government and free markets don’t provide any of these. And this is what social democracy is all about – boring, perhaps, in ordinary times, but we are not living in ordinary times.
Yes, you have to get along with Muslim immigrants and fellow-citizens, and if a politics of recognition will help in that process, ‘Islamic fascism’ is probably not a useful term. But recognition by itself won’t help enough unless it comes together with good schools and good jobs and, yes, ‘opportunities to work, to live, to express themselves.’ Another old left nostrum, but it is true, I think, that economic integration is the key to every other kind of integration. And if economic integration is effective, there wouldn’t be much risk in arguing that supporters of terrorism, religious repression, and the radical subordination of women were near fascist in their politics. There would still be plenty of room for the recognition of Islam as one among other British or American religions.
Finally, our inability to focus British or American politics on ‘the great cruelties that go on everywhere’ is certainly something to worry about – though I can’t resist pointing out that were we able to do that, we could hardly avoid seeming like the ‘gloom party.’ There is certainly a lot to be gloomy about, and angry about, in the world today. Most importantly right now: the murderous politics of the Sudanese government in Darfur, which the world watches (or doesn’t watch) and does nothing. As you say, the Iraq war has gone a long way toward discrediting the idea of humanitarian intervention. But we have to insist on that idea, even when the US and UK can’t be, shouldn’t be, among the interveners. We need a programmatic response to the great cruelties, which means that we have to keep arguing about when and where the use of force is justified. People on the left who renounce the use of force are making their peace with cruelty. We should never do this.
The remaining disagreements between us are fascinating, not least because I suspect they evolve, indirectly, out of our wider convergence – or at least my assumption of it.
I agree, for example, with your insistence that a new kind of left consumer activism must begin by targeting companies guilty of what we might call ‘traditional’ exploitation – using child labour, paying slave wages and the rest – before campaigning against exploitative imagery in marketing. Of course that’s the right way around. I realise that I hadn’t written that from the outset because I assumed not only that we both thought that way, but that a left politics would always worry about the former – but suspected I had to argue for the latter. It’s a useful lesson, reminding me that we should take nothing for granted. Left politics needs to remake its case anew for every generation and every era. And those college kids you describe will probably have to be persuaded of the case against basic economic exploitation as if for the first time. So, yes, let’s get our priorities right. An anti-sweatshop campaign first; a campaign against Playboy stationary next.
Your next point is equally revealing about those things I took for granted. You write of Americans’ fears over governmental competence: its simple ability to cope with crises, from avian flu to the war on drugs. After Katrina and five years of George W. Bush, I can entirely understand those fears. But I don’t believe Britons share them, not when it comes to their own government. Now, heaven knows New Labour has made some calamitous mistakes and wasted some precious opportunities. But it can claim one remarkable achievement: it has rehabilitated the very idea of government.
Of course there are still complaints – about shortcomings in the health service or calls that go unanswered when you telephone the Passport Office – but the big picture here, after eight years of Labour, is that most people do feel they can rely on the state, more or less. Both Tony Blair and Gordon Brown still boast of their ‘investment’ (as opposed to spending) on schools and hospitals – and they do it because most people sense that their local school or hospital is pretty good now, and certainly better than it was.
In 1997 I suspect many Britons felt the way you suggest Americans feel today: that the public realm, the collective infrastructure, had been neglected so long that it was on the brink of collapse. People no longer feel that here. July 2005 brought two consecutive examples: London winning its bid to host the 2012 Olympics on July 6th and then showing tremendous skill and speed in its response to the bombs of the next day. My sense is that, in contrast with the US, people here do have a basic faith in government – and I think that counts as a genuine Labour achievement.
And yet, perhaps I had taken that too for granted. I can see from what you write that it is missing in the States – but I also realise that we may have to fight for it again in Britain. The story of this week is the arrival of David Cameron as the new leader of the Conservative Party. He is young, charismatic and winningly fluent. He presents himself as a ‘compassionate conservative’ – and we know who last used that phrase. It’s at least possible that he, like Bush, will run from the centre, only to revert to right-wing type once in office. And then we will see once again the truth of your observation that those ‘boring’ staples of everyday life are not provided by free markets or laissez-faire governments. So we are going to have to fight anew for these first principles – ones I, and perhaps most social democrats in Britain – have come to take for granted. Labour’s challenge now is both to keep making and to win the argument for social democracy – rather than taking it as read – but also to embed some of its core features so that they become a kind of Blair ‘settlement,’ a national modus operandi that is hard for any future government to unpick. FDR did that so effectively, the New Deal settlement endured for six decades. Brown calls it the ‘progressive consensus’ and aims for it at least to outlive this Labour government. Cameron’s surge should remind all progressives why that is a worthwhile goal.
As for Muslim extremism, I’d like to believe that economics could reduce much of that danger – but I worry about it. It’s a cliché now to note the wealth of the 9/11 hijackers, but Britain’s own 7/7 bombers were also economically well-integrated. This is one area where the left’s old nostrums only go so far. It may be that nothing less than a radical rethink of Western foreign policy can address this challenge. And when you hear the President of Iran doubting the truth of the Holocaust, you wonder whether even that would do the trick. In my darkest nights, I fear this is a rage that can never be put out.
On intervention, we wholly agree: the left cannot abandon this idea, despite the taint of Iraq, and Darfur is an object lesson in why not. But since we’ve been talking of old left nostrums, I thought I might conclude this final missive of mine by mentioning perhaps the very oldest.
I find myself appalled anew by the latest manifestations of old-fashioned economic inequality. There are hedge fund managers in this country whose annual bonuses run into the tens of millions. A group of bankers were recently reported to have asked a bartender to make the most expensive cocktail he could dream up: he prepared a drink costing £333 a glass. The bankers bought enough to run up a bill of £15,000.
I read about that in the same week that a new survey found that half a million British households are so cramped, kids have to sleep in the kitchen, on the floor or in the bathroom. It was as if the clock had turned back, to France in 1788. Despite all our progress, we are still a world of wild, extravagant gulfs between rich and poor – within societies and of course across the globe.
Do we raise taxes on the rich? Do we call for a Maoist style maximum wage? I don’t know. But I think the left have to find again the confidence to rage with righteous fury at such a state of affairs – to discuss inequality in the moral terms it demands.
I don’t expect a simple answer to that or any of the other questions we’ve raised over the last few months. Just to share them and discuss them together has been a privilege, for me at least. Sometimes the left can seem like an ageing beast, tired after so many bloody bouts. But after this exchange, I feel heartened: there’s life in the old creature yet.
With comradely best wishes,
There is, as you say, life in the old creature, but here in the US our health is not so good. We feel some revival as the Republican grip on power weakens. But this is more because of the corruption and incredible arrogance of the right than the courage or wisdom of the left. Now secular leftists pray for the truth of a biblical maxim: Pride goeth before a fall. The current ‘spying on Americans’ scandal may give the Democrats a boost, but at the same time it illustrates our difficulty: for no Democratic administration is going to give up searching the electronic mail for keywords that turn up, say, in Al Qaeda recruiting materials. I worry that the same thing is true of neo-liberal economic policies: in opposition, Democrats will attack the consequences of these policies, but none of the party’s leaders have a real alternative in mind. It is probably true that no alternative can be merely national in scope; we need a global social democracy – you and I have touched on this before – and whatever is the case in Europe, American Democrats have barely begun to think about that. So, we are breathing, but we are not robust.
I agree that domestic inequalities should be a focus of liberal and left politics – of public anger and also of policy proposals. Our inequalities are probably worse than yours, since they extend dramatically to health care. Our upper classes (college professors are included here, so I can speak from experience) receive excellent care, addressing not only illness but also the prevention of illness. But millions of Americans get no preventive care at all; they depend on the emergency rooms of the local hospital; they live from one emergency to the next, and so do their children. I don’t understand why this isn’t a major issue in American politics, though I guess that we might find the answer in the voting statistics for those Americans who get their only medical care in the emergency rooms.
Since it is mostly poor people and members of minority groups who don’t vote, American liberals and leftists have always believed that if we increased the turnout, we would win the election. That didn’t work in 2004, when there was a six percent jump in the number of eligible voters who actually voted (the number is still shockingly low). For many of these voters, apparently, it was religion, not class, that determined their vote. We used to think that the old proverb about not living by bread alone was repeated most often by people who had plenty of bread, while the others were more likely to respond to Brecht’s lines: ‘First feed the face/And then talk right and wrong.’ But it isn’t so simple, and we do have to find a way of addressing the moral and cultural issues that you raised at the beginning of this conversation. Here, however, those questions are also religious, which makes them much harder. We have to persuade church-going Catholics and Protestants to vote for a liberal-left that is ideologically and often militantly secular. But I still believe, or cling to the hope, that with one or two more six percent jumps, we would not only win, we would win strongly – even without compromising our secularism. But that’s an old leftist talking. If I am wrong, well, then we need to begin a new conversation.
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Annual and Quarterly Returns to be completed in respect of Pension Schemes and Gratuity Schemes
To enable the Guernsey Financial Services Commission ("the Commission") to regulate and supervise Pension Schemes and Gratuity Schemes ("Schemes"), the Commission requires1 relevant Licensees2 to complete the following regular data returns:
With effect from the quarter ending 31 March 2018 the Commission will require the completion of a quarterly scheme return for Schemes within scope of the Rules3. Licensees will have a period of 2 months to complete and submit the data to the Commission;
With effect from 31 December 2018 the Commission will require the completion of an annual scheme return for Schemes within scope of the Rules. Licensees will have a period of 6 months from the Scheme year end to complete and submit this data to the Commission.
All Returns will be submitted via the Commission's Online Submissions Portal and a bulk upload will be available for Licensees with multiple schemes.
In developing this approach the Commission has consulted with the Guernsey Association of Pension Providers ("GAPP") with the objective of minimising the impact on Licensees while enabling the Commission to hold data to ensure it can fulfil its duties as a regulator. As part of this dialogue the Commission has agreed to extend the submission period in respect of the annual return from 3 months (as set out in the Rules) to 6 months. The Rules will be updated to reflect the extension of the submission period in due course.
Additionally, the Commission will provide a mock-up of the annual scheme return to Licensees in January 2018 to allow Licensees a full year to prepare and collate this data.
Given that the first annual scheme return will not be due until 30 June 2019, and that the conduct risks arising from Pensions can be material, the Commission requires the completion of a quarterly scheme return for those Schemes within scope of the Rules, but has taken care to ensure that the data requested in this quarterly return is limited to confirmation of the latest available number of members (broken down between active members, deferred members and pensioner members) and the latest available valuation of the Scheme.
1 Section 23 of The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2000 ("the Law").
2 Those holding a full fiduciary licence and permitted to carry on the regulated activity under section 2(1)(e) of the Law.
3 The Pension Licensees Conduct of Business) & Domestic and International Pension Scheme and Gratuity Scheme Rules (No.2) 2017
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Conflict Week 2: Corinthian Court
Sermon Transcript
Everyone knows conflict is part of life. There are some who tell stories of strength in relationships, marriages, churches and businesses because of conflict. But, the vast majority of stories seem to have another ending. Most people would love to hear a magic cure for conflict, but we all know that doesn't exist. Conflict even abounds throughout the pages of Scripture within people, between people, within groups and between groups. Sometimes it was handled in a godly fashion, but more often than not, it wasn't.
What if we could resolve conflict better? What if we could grow from it? What if we could learn from it? Maybe, just maybe, that starts now.
[End Video]
Well, good morning to everybody and good morning, also, to those who watch via the internet and the mobile app. We're in a five-week series called "Conflict." If this is your first time here or maybe you missed last weekend because of Memorial Day, there's not a whole lot to bring you up to speed. We're just dealing with good old-fashioned conflict. I think we can all use some tools for our toolbox to be able to be equipped to handle it better. As Christians, we're not called just to run from it or to escalate it; we're called to be people that transform conflict in our lives and allowing God to let the Gospel really make a difference.
So, we want to do that. We don't want to be like the lady that went to the doctor's office and the doctor look at her and said, "Ma'am, I've got some bad news. You've got some life-threatening rabies."
And she was like, "Oh, okay," and she starts writing down a list. He says, "Are you making out your will?"
She says, "Oh, Lord no. I'm making a list here of people I want to bite."
We don't want to be like that, okay? But, we're dealing with this idea of conflict. What we're going to do, because I know the church and I know you, you're probably going, "Great, just tell me what to do. Tell me what to do. Tell me what to do."
Listen. Here's the reality: If I came out of the gates telling you what to do, many of you'd go, "Well, why would I do that? Why would I do that?"
Because, as Christians, we're not called to look like the world. We're called to do it the way Jesus wants us to do it. Sometimes, that's a lot different than the way we normally do it just in the way we normally do conflict. So, what I'm going to do is I'm going to spend two weeks and we're going to really do some deep dives in two particular passages that deal with conflict in the church. What we're going to try to do is figure out what are the underlying truths that are really pushing the admonitions that we're seeing here in Scripture so those can be our "why."
Because, we're not going to do what we're supposed to do unless we understand why we're doing it. You know, people say, "What are we doing around here?"
Well, we do First Friday.
"Well, why do we do First Friday?"
We do First Friday because we want to reach the unchurched by being intentional neighbors that reflect Christ. The "why" makes sense of the "what." And we want to know what to do in conflict. We want to know what happens when we're fighting and have got problems at work and estranged relationships with parents and all this stuff. Do we draw boundaries? What do we do? All of these things. We're going to answer those things. But, before we do that, we're going to go get some really good, biblical, foundational truths. We're going to look at a passage that Paul wrote this weekend. Next weekend, we're going to look at a passage that Jesus spoke. Then we're going to spend two weeks after that dealing with real, practical issues on how to handle conflict in our lives. But, until we get to the "what," we need to understand the "why."
So, here's what we're going to do. We're going to take a real deep dive in a passage today that comes out of 1 Corinthians. It was funny. Last night, somebody said to me, "I've read the Bible over and over again. I never knew that passage was in there."
So, some of you may have that moment where you go, "I didn't know that was in here."
I promise you it's in there. It's like, what was it, Prego, the spaghetti sauce? "It's in there."
The reality is this, though: When we come to Scripture – and I get this a lot, more as a professor than a pastor, but I get it sometimes as a pastor as well – people will say, "Why are there so many problems with Scripture? How come everybody reads it differently? Isn't it just clear?"
The answer is yes. There are some passages of Scripture that are very clear. No question about it. But, some of them are really difficult to understand. Like when you read 1 Corinthians and it talks about women wearing head coverings, most of you women in here are like, "I ain't wearing no head covering," and there's people that would go, "Well, that's what the Bible says! So, why don't you put it on your head?"
And you're going, "I'm not sure that's what the Bible says," and people fight about this stuff. The question is: How do we understand that? Well, first of all, we've got to be honest. The Bible is an ancient book. If I were to come to you and say, "Hey, let's go read Hesiod or let's read Homer. How about we read the Peloponnesian War by Thucydides? How about we read Plato's Republic?"
You would say, "Well, can you give me some background and can you help me read this? Because, it's not going to make sense the way I originally read it."
Well, oftentimes, there are passages in Scripture that we ought to do work. Ultimately, I think that's why we come to church here. That's why we come and do what we do because we know that we're going to look at the Bible and we're going to study it and we're going to try to make sense out of it. But, when we go to the Bible, one of the things that we have to understand is there really is an interpretive maze going on.
One of the struggles we have as a church – and I'm going to be honest with you, and you see it everywhere – is we don't know, when we read Scripture, if it's prescriptive or if it's descriptive. What I mean by that is, what you're reading in Scripture, is that for everybody at every time to do it that way or is it describing something that's going on at a particular time in a particular place and then what we've got to do is we've got to figure out what are the underlying truths that are going on there. And then those become the things that we want to do at every time and in every place.
For instance, I get this all the time. I get people that come up and go, "Man, I just wish we were like Acts 2, man. I wish we were like the New Testament Church, man. Everybody was selling everything and they were sitting around the campfire singing Kumbaya. Everybody's breaking bread. Man, it was awesome. It doesn't look like that anymore. How come?"
And I start asking the question, "Okay, so do you think everybody has to sell their property?"
And they're like, "Well, yeah. But, I want to sing Kumbaya, though."
I'm like, "Well, let me ask you a question. Is that prescriptive or is that descriptive? Is that a descriptive part of the church or is that prescriptive?"
In fact, I would go even further to say that if you want to read Luke correctly, you need to start off in Luke 1 where Jesus talks about what's going to happen on the day of Pentecost. Which, by the way, this is Pentecost Sunday, for those of you all who look at the Liturgical calendars. Jesus says to them, "When the Spirit of God comes upon you, you're going to be my witnesses and you're going to go to Jerusalem, Judea, Samaria and the uttermost parts of the world."
Well, if you're reading Acts through the vein of that the Church is supposed to go and you read the end of Acts and the Word of God is spreading even though Paul's in prison, you might read Acts 2 a little differently. They weren't supposed to sit around and sing Kumbaya. They were supposed to go into the world and be a witness. So, what did God do? He raised up Saul to scatter the Church so that they would go into the world and do what God had called them to do.
See, it becomes different when you read that way. Yes, the Bible can be understood and it can be clear, but there's an interpretive maze. So, when we come to an epistle – which we're going to read here in a minute; a passage of Scripture out of 1 Corinthians 6 – we've got to start asking some real questions. Who was the original audience? Do we know? Because, what they heard is probably different than what we would naturally hear. In fact, I say this all the time, but I'm not sure we get this. The Bible was not written to you and me. It was written for you and me, but it wasn't written to you and me.
When Paul wrote 1 Corinthians, he wasn't thinking about Chip Bennett in 2017. He was thinking about a church in Corinth that had some issues going on. Who was that original audience? What was the situation going on? Was there a particular situation that we can sort of understand? What were the cultural things that were going on? Are the things that are cultural that might be more descriptive of the church and they're not prescriptive?
Then, when we do all that work, what are the truths that we can extract from that passage of Scripture? What are the underlying truths so that we can apply those things to our life? And that's just working with any epistle, whether you're reading 1 John, something Paul wrote or something Peter wrote. Whatever you're reading, those are just things that we have to do to understand what's going on with the Bible. However, we talk about Paul and Paul's got two really unique features about the way he writes that if we don't understand those keys, we might not interpret Paul in the correct way.
First of all – and this is huge. Because, here in the West, this is the way we do it, right? You say, "I'm going to become something."
Right? I'm going to become a lawyer. I'm going to become a preacher. I'm going to become a swimmer. I'm going to become a golfer. Okay, what we have to do then is we have to do the things to become whatever it is that we want to be. And if we read Paul through that lens, we will misread Paul. Because, Paul writes with what we call an indicative and an imperative. You don't need to know those words. You need to know these words: "Are" and "do."
Paul doesn't say, "Go do all these things and then you look like a Christian."
Paul says, "It's because you are these things, you ought to do them."
In other words, doing flows from being, not the other way around. So, when you're reading Paul and he's telling the church, "Hey, you ought to do these things and do these things and do these things," if you read Paul going, "Okay, he's telling everybody how to become a better Christian. He's telling everybody how to become more holy. He's telling everybody how to become more righteous."
He's not doing that at all. He's saying, "The reason you need to be doing those things is because you already are them. You already are holy. So, the reason you ought to do holy is because you are holy. The reason you ought to do righteous is because you are righteous."
Like when he's writing to the Corinthian church, they're arguing about who baptized them. Maybe like how people here at the church go, "I got baptized by Chip. I wanted to get baptized by Dan or I wanted to get baptized by Tom. So, my baptism didn't work because I don't like Chip. I like Tom better."
They were doing that in the church. They were also arguing over who liked the way they spoke.
"Oh, I like the way this guy speaks better than the other guy."
They were building on the foundation wrong. In chapter 5, somebody was sleeping with a step mother. In chapter 6, people were going and visiting prostitutes. In chapter 7, they didn't even understand what marriage looked like. Chapters 8, 9 and 10, they argued about meat and food sacrificed to idols. In chapter 11, they were messing up the communion table. Some people were even getting drunk before communion. Chapters 12, 13 and 14, they were messing up all the spiritual gifts in the church and it was crazy.
And what does Paul say about them? He says, "To the saints at Corinth."
You go, "Well, they don't look like saints."
That's exactly what Paul would say. They're not doing who they are. Paul's not telling them to do the things that he's doing so that they can become better Christians. He's telling them they ought not to do the things that they're doing because that's not who they are anymore. To Paul, it's all about understanding what Jesus has done in our lives. The more we understand that, the more we start walking that thing out. It'd be like Michael Phelps, the great Olympic swimmer, getting into a car wreck and having amnesia and the doctors get him in a pool and they're like, "Let's try to swim."
And he's like, "I can't swim."
They're like, "Dude, you can swim."
He's like, "No, but I can't swim."
"No, man. You don't understand, buddy. You can swim."
"But, I'm scared of the water."
"No, no, no, man. Let me tell you."
And the more he starts to understand who he is, the more he understands he's an Olympic swimmer. The more we start to understand that we are the righteousness of God in Jesus Christ, that we're holy, that we're set apart, that we're His children, the more we start then doing the things that look like who we are. If we read Paul any differently than that, we're likely to butcher some of the text that we read.
Another thing that Paul does – and this is really cool and sometimes we miss it when we read Paul – is Paul takes his eschatology and reads it into his Ecclesiology. You don't need to know those words. That's the study of the Church. That's the study of the future. You just need to know Church and future. Paul things the Church ought to look like what it's going to be in the future. He thinks we're kingdom people now. We're kingdom people now. We sit in heavenly places now. Ephesians 2:6. So, for Paul, everything he's looking at in the now is looked at about what the Church is in heaven. He sees us as kingdom people in the now and we ought to look like kingdom people in the now.
So, now we can start to go into a particular text that has a lot of conflict going on and we can start to read it correctly and start to understand what's going on. That what Paul is saying here is occasional. It's written to a specific time and a specific place. Everything he's saying in this passage aren't necessarily things that you have to go do, but the underlying truths of why he's admonishing them to do the things that they're doing are something that you and I cannot run away from. And they're underlying truths of conflict.
Here's what he's got going on: He's got a church that is absolutely blowing its witness in Corinth. They look no different than the Corinthian people in the culture. They look just like the citizens of Corinth. And Paul's like, "That shouldn't be that way. Because, when you came to Jesus, you're a new creation. You're not the way you used to be. So, you shouldn't be living this way anymore."
One of the things he has going on in his church is he has conflict. He has brothers and sisters that are taking each other to court. They're mad at each other. What's happened is there's a few well-to-do people – Paul says it in 1 Corinthians 1 that "not many of you were well-to-do when you were called."
There's a few people in the church that are well-to-do. Most of them are not. The well-to-do people on property – and somewhere there's been a dispute with this property over some people in the church that are not as well off. Here's the rub: If you have money in Corinth, you could bribe the judge, bribe the lawyers and win. So, rich people won in all the courts in Corinth. Paul writes into that situation where there's conflict about taking each other to court. And we need to sort of peel back what's going on because there's a lot going on here and we might misread this passage if we're not aware of all the things going on.
But, what we're really after is "what are the underlying truths of conflict" so that when we start talking about what to do, we'll know why we do the things that we do.
Here's what Paul says. He says, "If any of you has a dispute..." – and that's a legal dispute over property – "...against another, how dare you take it to court before the unrighteous and not before the saints?"
Now, I've heard a lot of people who say Christians should never go to court. That's what the Bible says. It's really clear here. Why would you take somebody to court because, how dare you take them to court in front of the unrighteous? You should resolve everything in the church. I agree. I think we should try to resolve most things in the church. But, I don't agree that nobody can ever go to court. Because, Paul used to Roman courts to get to Caesar. I always find that interesting when I find somebody that goes, "The Bible's clear. You shouldn't go to court at all."
And I go, "Well, how come Paul used the courts to go to Rome?"
And they're like, "Oh. He did? Really?"
I'm like, "Yeah. He actually used the court in Corinth for his own benefit."
They're like, "Oh. Okay."
That would mean every lawyer that's in here today and every judge that's in here today would be doing the wrong things. And that's not true. God has ordained courts and leaders and stuff. But, his point to the Corinthians is he tells them not to go. Well, there's a reason why he's telling them not to go. We're going to continue to unpack this. Because, what we're trying to do is why would he admonish them to do this? What are the underlying truths?
He says, "If you have a dispute, how dare you take it before the unrighteous and not before the saints? Or don't you know that you're going to judge the world?"
See, Paul's living out there in the future. He's like, "Don't you know in the future you're going to judge the world? So, why would you be taking all this stuff before the unrighteous? Guys, do you not know who you are? Have you forgotten what God did in you? Have you forgotten that you're kingdom people?"
He says, "And if the world is judged by you, are you unworthy to judge trivial cases?"
That's an insult to those who are ready to take people to court. Like, "You're going to call my property a trivial case?"
Paul's like, "Yeah. What value does that property have in eternity? Zero."
It's like you walk into heaven and go, "I've got some legal papers here, God. Deeds to my property. I'm going to bring them into heaven."
God's like, "You ain't bringing them into heaven. That don't mean anything."
Sometimes we get so wrapped up in the affairs of this world because we don't realize who we are.
He says, "Don't you know that we're going to judge angels? How much more matters in this life?"
"You guys in the church can't figure this thing out? You're going to drag it before the people in Corinth? I mean, you guys, everything you're doing, is destroying your witness. Everything you're doing is looking like the world. All of your actions don't look anything like who you really are."
He says, "So if you have such matters, do you appoint as your judges those who have no standing in a church?"
He says, "Since we're going to judge angels and the world, you're going to bring people that have no standing in the church, which means they're not believers? You're going to let them make decisions for you when you're going to be making decisions and judgments on the world and angels? Come on, guys. Get it together."
He says, "So, I say this to your shame. Can it be that there's not one wise person among you who's able to arbitrate between fellow believers?"
"I mean seriously, guys. You can't find one person in the church that could sit down and listen to the problems and make some sort of decision and listen to it? You can't do those things? Come on, guys."
"Instead, you go to court against brother–and that before the unbelievers! As it is, to have legal disputes against one another is already a defeat for you."
This is why Paul is so driven by telling them to stay out of the Corinthian court, because he realizes that their witness is being destroyed in the local community. We see it all the time when Christians go to war against Christians. We fight against everybody and it gets out there in the world and it gets out there in the papers and it gets out there in social media. We look no different than anybody else. And what does the world say? They say, "Those guys just believe in some fantasy guy up in the sky. They're no different than us. They don't look any different than us."
As Christians, we go, "Hold on, now. I know I'm a hypocrite. I know I don't get everything right. But, here's the rub: You and I are supposed to look different from the people in the world."
We are. And Paul says that comes out of realizing what Jesus has done in your life. He says, "It's a defeat for you."
"Why not rather be wronged? Why not rather be cheated?"
Just take it on the chin. Does that mean that every Christian at every time in their life is to be wronged and cheated on everything that they do? No. Not at all. People go, "The Bible's clear. We've got to be wronged and cheated on everything that we do."
That's ridiculous. The reason Paul is saying this here is because their witness is so damaged that he's like, "You're going to get back in the church, get somebody to arbitrate this thing, take it on the chin. Because, you guys are ruining the Gospel and the witness of Jesus in Corinth by the activities that you're doing because you don't know who you are. You're not acting like it. So, stop it."
He says, "Instead, you're doing wrong and cheating your brothers and sisters."
"You're robbing them of the Gospel and the power and the transformation and their witness in Corinth by doing the things that you're doing. Stop it, guys."
He says, "Don't you know that the unrighteous won't inherit God's kingdom?"
This is when this passage of Scripture – it's like nobody even reads what happened before it. We just grab this on here and go, "A-ha! I see the way you're living. Don't you know that the unrighteous aren't going to inherit the Kingdom of God?"
We've got all these stones to throw at everybody. That's not what he's saying. He's reminding them who they are. They're not unrighteous people. He's like, "Have you forgotten who you were? Have you forgotten that the unrighteous aren't the ones that inherit God's kingdom? They're not the ones that are going to judge the future. They're not the ones that are going to judge the world. They're not the ones that are going to judge angels. They're not the ones that do all this stuff. Don't you know that?"
He says, "Don't be deceived."
Half of the Corinthian church is sexually immoral. He says they've got all kinds of idolatry going on. Adultery. They've got all kinds of adultery going on in the church. He says, "Don't be deceived. These people, sexually immoral, idolaters, adulterers, males who have sex with males, thieves, greedy people, drunkards, verbally abusive people or swindlers will inherit God's kingdom."
We go, "A-ha! There we go. I'm going to watch around and see if everybody's doing this stuff and they can't be a Christian.
That's not what Paul's saying. Paul's reminding them who they are. And listen what he says to them.
"Some of you used to be like this."
I'm trying to come on. I'm preaching all this 5'6 guy can do.
He's like, "You used to be like this. Some of you are acting like what you used to be. But, you're not like that anymore. Because, something happened. Something happened in your life."
"You were washed, you were sanctified, you were justified in the name of the Lord Jesus Christ and by the Spirit of our God."
He's like, "Don't you understand? Stop acting like what you're acting like. Stop it."
And unfortunately, you know how we normally read this passage of Scripture in the church is this. We expect Paul to say this: "But, you worked so hard, man. You guys got it all together. You cleaned up. You don't ever do any of these things that the riffraff do anymore. Because of that, God's so proud of you that you've earned entrance into God's kingdom."
Right? That's what we do with those passages. We use them to throw Bible bullets and everything else because we misread Paul. Paul calls them saints. You go, "Well, they don't look like saints."
That's exactly his problem. We need to be reminded who we are. So, when we have conflict in the church, there are some underlying truths that we need to know. There's underlying conflict truths that are going on in this passage of Scripture that do apply to you and me in everything that we do. In every challenge that we have, in every conflict that comes into our life, there are some truths that we need to make sure are operative in our life.
The first one is that we're kingdom people. You and me, that call upon Jesus, are no longer citizens of this world. And yet, we act like we are complete citizens of this world in the way we act, scream and yell on all the things that we do. We are not people of this world anymore. We're in the world; we're not of the world. We're kingdom people and we ought to look like kingdom people.
Jesus said it this way: "Hey, when you guys pray, pray 'Your kingdom come, Your will be done on earth as it is in heaven.'"
Everything we do ought to be moving heaven into the earthly realms of conflict, division and all the problems that we have. And instead, oftentimes, us who are God's children and children of the King, and kingdom people, look no different than people of the world and we fight over the same things that they do.
Paul said this to the Philippian church. He said: "Our citizenship is in heaven."
Most Christians don't believe that their citizenship is in heaven, because they fight for things other than citizenship that's in heaven. This is subversive, too. You have no idea. In the Roman world, when Rome controlled everything and to be a part of Rome was huge, this here was completely subversive. You ought to go back – because I think I would offend a lot of people if I just told you about it – and read the first 300 years of the Church. You might be shocked at what they did and did not do. It might blow your mind the way they saw themselves as citizens of heaven.
See, Peter said, "You're strangers and pilgrims on a journey through this world."
Paul said, "You're an ambassador for Christ."
Do you know what an ambassador is? It's someone who comes from another country into the country that they're in to share what their king has sent them to do in that particular country. When are we going to rise up and be kingdom people? When are we going to shake off the affairs of this world and start looking like kingdom people? Like people that can bring heaven to earth in the situations that we're doing?
Can you imagine if we started acting and walking as kingdom people and what that would look like? It would blow everybody away. And you know what? We're called to do that. That's the underlying truth Paul employs here. You're kingdom people. Act like it.
The second thing he employs is when the Church fails at conflict – this is the underlying truth here – it damages relationships within and it destroys our witness without. This is huge. Because, see, what we do when we get into conflict is we think about the way it works for me. We're not thinking in terms of, "Well, how does this effect the Church? How does this effect the witness of the Church?"
We're not even thinking that way at all. We're thinking, "How can I get out of this or how can I win?"
Conflict in the Church – the "why" is that when we fail at this, we damage relationships and we destroy our witness. You know, when Adam sinned, guess who sinned? All of us. We go, "Well, that's not fair."
But, when Jesus died on the cross and gave provision for salvation for everybody, we go, "I like that one. That one's a good one."
We like the ones that we like. We just don't like the ones that we don't like. When Achan still the temple treasure from Jericho, when Israel went into battle next, what happened? They lost. One man effected the many. One person effected the many. Your sins and my sins effect the body whether you think they do or not. There are no secret things. We're in this thing together. It's not "my" Father, it's our Father. That's why Paul says when we come to the Lord's table, it's all about becoming the people of God.
Listen: This is Pentecost Sunday. Pentecost is remembering the giving of the Law at Sinai. When God gave the Law at Sinai, He took slaves and He made them kingdom of priests. He transformed a people and made them into His new people. On the day of Pentecost, He took fishermen, tax collectors and zealots and He made them into the Ecclesia of God; the called-out Church of the Living God. God wants a new people that look like His kingdom, that live by His Spirit, that do the things that He's asked us to do because we understand that we already are those things. We are King's kids. We're forgiven. We're holy. We're righteous and we should live up to the things that God has done in our lives.
That's why he says doing this stuff is a defeat for you. Stop it. Take it on the chin. Because, you're destroying your witness. That's why Paul tells them that admonition, because there's an underlying truth there. Let me ask you this question: What if we were driven by continually asking ourselves this whenever any conflict came up anywhere? In our marriages, at work, fathers and sons, whatever. How does it effect those within the church and how does this effect the witness without? We don't even ask these questions, because all we're concerned about, really, at the end of the day – and it's unfortunate – is self.
Kingdom people aren't concerned with self. Kingdom people are concerned with the calls of Christ. Kingdom people want to do what Jesus has asked them to do. And I'm going to tell you something right now: Following Jesus, if you don't believe in a resurrection and you don't believe in eternity, is nonsense. Because, you have to believe there's something else if you're going to turn the other cheek. You have to believe there's something else if you're going to love somebody the way Jesus asked us to love. It really comes down to do you believe.
See, what we like to do is we like to hedge our bets. We want to be citizens of this world and we fight about all this stuff and get mad and everybody gets so upset about all the affairs of this world. And then we hope that there's a resurrection and there's a Jesus. What if we walked as if that was really true? We wouldn't care about the things of this world. They would go strangely dim. And what would happen is eternity would be the driver of everything that we do.
That's my third point. The matters of eternity should drive the values of the Church. Everything should be looked at through the lens of eternity. Paul does that. Everything is driven by "what does this mean in heaven?"
What does this mean in eternity? Think about that every time you get in a fight with somebody, get mad at something or you throw something at the TV because you don't like something. What if you asked yourself the question, "Is this going to matter in eternity?"
Not at all, in any way, shape or form. That should drive the values of the Church. That's why Paul does this. This is beautiful, what he does, because Paul's a great arguer. He starts off with legal dispute. I guarantee you when it was read they're like, "Ha ha! Yeah, that's right I've got a legal dispute. These people are doing something with my property and I'm going to get 'em."
Well, the next time he talks about it, he calls it a trivial case.
"Well, that's unfair. It ain't trivial to me. It's a property I own. I'm going to put my foot on that property. Trivial case? Come on."
And then Paul says, "It's just a matter of this life. It doesn't matter in eternity. It's just a matter of this life."
He says, "Your disputes and trivial matters in life, they don't matter. You guys are getting all yanked up about stuff that doesn't matter. It doesn't matter in light of eternity."
Gordon Fee, the great New Testament scholar, says this about the first three verses of 1 Corinthians 6:
"Such matters are trivial. They add up to zero in light [of eternity] of the coming eschatological judgment."
In other words, when you stand before God, they're zero.
"People who do such are just simply after the wrong things. They altogether miss the meaning of their present existence as the people of God; people who live in the present by the values of the future. Can you imagine if we decided, "God, I want to be a kingdom person?"
I want to bring heaven to earth. Every time I've got a conflict, I want to do what You want me to do. I want to be like Jesus. Man, I want to lay it down. I want to see You work. Lord, I know in my weakness You're made strong. God, I'm going to be a kingdom person. God, I'm going to take notice that when conflict's going on, if I don't do it the way You want me to do it and I don't behave in a Christian way, what I can do is destroy relationships within the church and I can damage the witness of the church without.
And not only that, God. Help me to be a person that's got my eyes fixed on the things that matter. Lay up treasures in heaven where moth can't destroy them and rust can't destroy them. Laying up things that matter; being people that matter. Driven by eternity. Seeing people as an opportunity in conflict for transformation of relationships, transformation of churches, transformation of community. It requires us to look at each other maybe in a little bit of a different way.
I'll close with this. In the Second World War, in a fox hole, a soldier jumped down in in the middle of a raging war. He realized he was laying next to another soldier on the other side that was dying. He looked at him and he knew that he as no threat. The other solider looked at him with tears in his eyes, because he knew he was dying. The soldier took his hand and he put it on his shoulder. The solider that was dying, with his hands shaking, reached in and pulled out a picture of his wife and his kids. The other soldier reached in and pulled out a picture of his wife and his kids.
All of a sudden, it didn't make a difference that they were enemies. All that mattered is they were human beings. We're called to be people that see people as human beings with dignity and value. When we treat people like that, we're doing what God did for us. While we were enemies, Christ came to us. Conflict gives you and me an awesome opportunity to shine brightly as kingdom people of God. But, we'll never understand the "what" until we understand the "why."
Next week, come back and we're going to look at what Jesus says about this and then we're going to spend two good weeks getting really practical and real and raw about this. And I believe if you and I will engage, we not only will see transformation in this church, but we'll see transformation in Lakewood Ranch. And let me tell you something: I am committed to dragging every soul that we can into the Kingdom of God. I want to make it so difficult to go to hell in Lakewood Ranch because we are kingdom people that are bringing heaven to earth.
Let's pray.
Dear Heavenly Father, I thank You for this opportunity today to talk about these subjects that we're talking about. I pray that You would download deeply in us the truths of conflict; the why. I pray for those who watch via the internet and the mobile app and I pray for everyone here in the sanctuary. God, I pray that You would help us to take these next couple of weeks to allow us to be people that You speak to and to rise up and to be the people that we already are in Jesus.
I pray that as we leave today that You would watch over us and protect us and that You would lead and guide us. I pray that You would bring us back safely to when we meet again. And Lord, continue to raise up a body here that looks like Jesus to make an impact in this world for Your glory and for Your honor. We thank You for it in Jesus' name, and everybody said, "amen."
Give the Lord a big hand clap and tell Him you love Him. God bless everybody.
John Flowerree June 4, 2017 1 Comment
Conflict Week 3: The Red Letters of Conflict
John Flowerree June 11, 2017
Conflict Week 1: The Big Idea
John Flowerree May 28, 2017
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Tunnel Construction Safety
By Graphic Products Editorial Staff
I’m in awe of tunnels. How do they construct giant tubes under mountains, lakes, rivers and oceans? How long does it take? How many people are needed to build a tunnel and what are their jobs? Why don’t workers suffocate when they’re working underground? And why go below ground? The quick answer: because life above ground is congested.
May 4-15, 2014 is North American Occupational Safety & Health Week (NAOSH). To celebrate and increase awareness of occupational safety and health to workers around the world, we’re profiling the Detroit-Windsor Tunnel, the only vehicular underwater tunnel that crosses international borders (the United States and Canada) in the entire world – providing a rapid North American commerce conduit.
“The Detroit-Windsor tunnel is an immersed tube which is constructed by digging a big trench on the river or sea bottom, then placing a tunnel structure on the bottom of the trench segment by segment, connecting these segments together to form a completed tunnel, then filling the trench to cover the new structural tunnel,” explained consultant and historian Harvey A. Parker.
While they’re not architecturally elegant like bridges, tunnels are fascinating in their engineering and the dangers that lurk underground.
In the 1870s, ground was broken for a tunnel under the Detroit River, but a pocket of hazardous gas ended the project when workers were 135 feet out under the river. This gas leak made workers so sick that none of them would work again, so the project was scrapped. Ever hear the expression “canary in a coal mine?” Tunnel builders also sent canaries down to detect underground gases. Invented in 1815 by Sir Humphry Davy, Davy lamps provided a test for the presence of gases such as methane and hydrogen sulfide. If flammable gas mixtures were present, the flame of the Davy lamp burned higher with a blue tinge. Using shovels and rail cars to remove the earth, workers known as “muckers” or “sand hogs” would work eight hours in a tunnel, and then spend four hours decompressing – otherwise they’d get what divers refer to as “the bends.” Cave-ins and flooding were not uncommon.
Can you imagine that kind of backbreaking labor in cold, dark and confined spaces? Bottom line? Tunnel building is hot, dirty, and dangerous work.
Despite the opinion of scientific experts that anyone using the tunnel would die of carbon monoxide poisoning, a Windsor Salvation Army Captain, Fred W. Martin, pursued the dream of a Detroit-Windsor tunnel which was “fueled” by the growth of the automotive industry. In 1926, a New York engineering firm determined that a tunnel would be both feasible and profitable, which enabled Martin to secure financial backing from a group of Detroit bankers.
This was a major engineering endeavor for its time. Probably the most dramatic part of the tunnel’s design and construction was the fabrication, launching, towing, and sinking of 9 enormous steel tubes – the underground section of the tunnel.
Tunnel construction began in 1927.
The tunnel was completed in 1930.
The tunnel is jointly owned by the cities of Windsor, Ontario and Detroit, Michigan.
The tunnel is 5,160 feet in length and cost $23,000,000 to construct.
More than 500 laborers were employed during its construction.
The tunnel rests 75 feet below the surface of the Detroit River.
About 12,000 vehicles pass through the tunnel daily. So that drivers and workers are breathing in fresh air, 1.5 million cubic feet of fresh air is pumped into the tunnel every minute.
Tunnel Construction and Visual Communications
There are two separate phases for signage during construction and post construction. During construction there are more hazard signs such as electric shock, falling rock, and exit locations. Safety equipment locations and standard OSHA signs are required. Depending on the type of tunnel there is some signage in fluid (sewer, water) conveyance tunnels. For transit and highway tunnels there are signs identifying firefighting equipment, exit locations, distance to exits, and call boxes for fire police emergency,
Russell is a senior engineer manager with Parsons Brinckerhoff (PB), with more than three decades of experience in the design, inspection, evaluation, and rehabilitation of tunnels, underground structures and deep foundations, including Portland, Oregon’s light rail tunnel under the zoo.
To do a better job with safety and visual communications, we need to study more about human cognition, networking and how important information gets sent and comprehended,
Also, more tunnel projects around the world are really multi-language worksites. This means that signage and communication has to be in many languages.
Get your FREE Guide to Confined Spaces!
Stay in compliance, & keep your workers safe!
So what's happening in the world of tunneling today?
Tunnels are getting bigger (larger diameter)
Hard rock and soft ground tunnel-boring (TBM) technology
Advanced tunnel waterproofing systems
Work has been done to understand fire in tunnels – both train and vehicular – and this has resulted in changes to design.
Advances in grout materials and technology allow contractors to make the ground stronger and less permeable
When water is a problem, either pumps or and well systems work to keep the ground dry.
Remote-controlled pipe-jacking operations provide continuous support to the excavation face by applying mechanical or fluid pressure to balance groundwater and earth pressures.
3D laser scanners and other networked sensor systems quickly survey and evaluate underground conditions and stability
Driven by commerce, culture, and cost, tunnels all over the world are underway. The most exciting tunnels are crossing continents and powering through the Swiss Alps. While each new project seems to grow in price and complexity, engineers and designers are also working to improve safe conditions for workers by installing high-visibility lighting, energy efficient ventilation systems, electricity, and elevators.
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The Smoking and COPD Connection
Medically reviewed by Steve Kim, MD on February 22, 2016 — Written by Brenda Rufener and Erica Cirino
Chronic obstructive pulmonary disease (COPD) is a progressive and eventually debilitating lung disease, which means the condition gets worse over time. The disease usually causes coughing, wheezing, and shortness of breath, making it difficult to breathe.
According to the National Institutes of Health, COPD is the third leading cause of death in the United States. The American Lung Association reports that more than 11 million people in the United States have been diagnosed with COPD. However, about 24 million more people may have the disease and not know it. Globally, COPD affects approximately 65 million people.
COPD most commonly occurs in people who are over age 40 and who have a history of smoking. Various factors may contribute to the development of COPD, including prolonged exposure to air pollutants and dust. However, cigarette smoking is far and away the leading cause of the disease. In fact, smoking causes about 90 percent of COPD cases.
Knowing how the lungs work can help you understand how COPD affects the lungs.
When you breathe in, oxygen-rich air goes down your windpipe and into small tubes located in your lungs. These tubes are called bronchial tubes or airways. They branch off into numerous tinier and thinner tubes known as bronchioles. At the end of the bronchioles are small, round air sacs called alveoli, which have tiny blood vessels called capillaries. When air enters the alveoli, oxygen moves through the capillaries and into the bloodstream. At the same time, carbon dioxide, which is a gas your body doesn’t need, moves into the alveoli so you can breathe it out.
Your lungs, airways, and air sacs are normally elastic. When you breathe in, they fill up with air, similar to a balloon. When you breathe out, they deflate and the air leaves the body. In people with COPD, however, less air flows into and out of the airways for one or more of the following reasons:
The lungs, airways, and air sacs lose their elasticity.
The walls between the air sacs are destroyed.
The walls of the airways thicken and become swollen.
The airways make more mucus than normal, which can clog airways.
These problems are usually caused by emphysema or chronic bronchitis. Both of these conditions are referred to as COPD.
Emphysema occurs when cigarette smoke or other air pollutants, such as dust or fumes, damage the walls between your air sacs over time. As the air sacs weaken, their walls break open, creating one large air sac instead of many smaller ones. This makes it more difficult for the capillaries to absorb enough oxygen and for the body to expel carbon dioxide, making it progressively harder to breathe.
Chronic bronchitis occurs when the airways become inflamed and produce a lot of mucus. The extra mucus causes a cough and makes it more difficult to breathe. Like emphysema, chronic bronchitis can develop when you smoke frequently or regularly breathe in air pollutants.
The symptoms of COPD include:
a persistent cough that produces a lot of mucus
shortness of breath, especially during exercise
a wheezing sound while breathing
a barrel-chest deformity
tightness in the chest
COPD can lead to serious complications. You should go to the emergency room right away if you have any of the following symptoms:
difficulty talking or breathing
blue or gray fingernails or lips
a lack of mental alertness
a very rapid heartbeat
severe COPD symptoms that get worse despite treatment
How Does Smoking Contribute to COPD?
According to the World Health Organization, smoking is the primary cause of COPD. This includes smoke from cigarettes, cigars, and pipes as well as secondhand tobacco smoke exposure. People are exposed to secondhand smoke when they breathe near someone who’s smoking.
Tobacco smoke and secondhand smoke travel, like the air you breathe, down through the windpipe and eventually into the bronchial tubes. The toxic smoke then moves into the bronchioles, which contain the minuscule clusters of air sacs known as alveoli. Within the alveoli are the capillaries. When you inhale, the oxygen moves through the alveoli and into the capillaries, allowing oxygen to be distributed to the rest of the body. Simultaneously, carbon dioxide is transported from the capillaries into the alveoli so it can be removed from the body when you exhale. This process is known as a gas exchange.
The elasticity of the air sacs enables this exchange to occur smoothly. However, people who regularly smoke or who are frequently exposed to secondhand smoke eventually develop lung damage. This allows less air to flow in and out of the airways due to the:
stiffening of the air sacs
deterioration of the walls between air sacs
thickening and inflammation of the airway walls
increased production of mucus in the airways, causing air obstruction
Cigarette smoke contains harmful toxins that affect lung functionality. Toxins that are inhaled directly into the lungs over prolonged periods of time can lead to severe lung irritation, triggering the onset of COPD. As long-term exposure to tobacco smoke continues, the lungs become even more damaged. This leads to inflammation and degradation.
Can You Reverse Lung Damage Caused by Smoking?
There’s no cure for COPD and lung damage can’t be reversed. However, some medical treatments and lifestyle adjustments can help you feel better, improve your overall health, and prevent your symptoms from getting worse.
Some medical treatments that can help relieve COPD symptoms include:
bronchodilators, which relax the muscles around the airways to make breathing easier
inhaled glucocorticoids, or steroids, which can help reduce inflammation of the airways, especially when used along with bronchodilators
flu and pneumococcal vaccines to reduce the risk of getting the flu and pneumonia, which are particularly problematic for people with COPD
pulmonary rehabilitation, which is a program of exercises overseen by healthcare professionals to help with the management of symptoms
oxygen therapy, which delivers oxygen into the body through nasal prongs or a mask to make it easier to breathe
a bullectomy, which is a surgery that involves removing destroyed air sacs to make it easier to breathe
a lung volume reduction, which is a surgery that involves removing damaged tissue from the lungs to improve lung function
a lung transplant, which is a surgery that involves replacing a damaged lung with a healthy lung from a donor and is generally done as a last resort
Some lifestyle changes that may ease symptoms include:
quitting smoking if you smoke
avoiding secondhand smoke and places with air pollution
having a diet that largely consists of vegetables, lean proteins, and whole grains
exercising at least three times per week
When they’re used in combination, these medical and lifestyle remedies can slow down the progression of COPD and decrease the severity of symptoms. The best way to prevent the disease from getting worse is to quit smoking immediately and to avoid secondhand smoke. People who continue to smoke put themselves at an increased risk of accelerating the disease and its symptoms.
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Hookah smoking is a very popular activity, with cafes and lounges in most major cities. But does it get you high? We’ll take a look at what hookah…
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Can Vaping Cause Cancer? 10 FAQs on Key Research, Misleading Headlines, and More
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There are certain stimulants and drugs that can disqualify you from giving blood, but can you donate blood if you smoke? In many cases, the answer is…
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sport, local-sport, BDSA, saints, daylesford and hepburn united
Daylesford and Hepburn United’s under 13s team once again proved they were a powerhouse in their age group during their game against Creswick on Sunday. The team won the game 6-0 against Creswick Soccer Club. The Saints will play in the qualifying final next week in the hopes of securing a spot in the grand final. This would be the first Saints junior team to win the league, so a massive challenge awaits the players and coaches.
https://nnimgt-a.akamaihd.net/transform/v1/crop/frm/bGjjztadDpmdY72p2rELZ4/6a1a8213-231f-46bb-a72f-bb8b1fccd05c.jpg/r1452_849_3556_2038_w1200_h678_fmax.jpg
Under 13's to play in qualifying final
Hayley Elg
Daylesford and Hepburn United’s under 13s team once again proved they were a powerhouse in their age group during their game against Creswick on Sunday.
The team won the game 6-0 against Creswick Soccer Club.
The Saints will play in the qualifying final next week in the hopes of securing a spot in the grand final.
This would be the first Saints junior team to win the league, so a massive challenge awaits the players and coaches.
GAME ON: The Saints are vying for a position in the grand final.
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The Glass Castle: A Memoir (Paperback)
By Jeannette Walls
Kobo eBook (December 15th, 2006): $12.99
Hardcover (October 6th, 2009): $30.00
Now a major motion picture from Lionsgate starring Brie Larson, Woody Harrelson, and Naomi Watts.
MORE THAN SEVEN YEARS ON THE NEW YORK TIMES BESTSELLER LIST
The perennially bestselling, extraordinary, one-of-a-kind, “nothing short of spectacular” (Entertainment Weekly) memoir from one of the world’s most gifted storytellers.
The Glass Castle is a remarkable memoir of resilience and redemption, and a revelatory look into a family at once deeply dysfunctional and uniquely vibrant. When sober, Jeannette’s brilliant and charismatic father captured his children’s imagination, teaching them physics, geology, and how to embrace life fearlessly. But when he drank, he was dishonest and destructive. Her mother was a free spirit who abhorred the idea of domesticity and didn’t want the responsibility of raising a family.
The Walls children learned to take care of themselves. They fed, clothed, and protected one another, and eventually found their way to New York. Their parents followed them, choosing to be homeless even as their children prospered.
The Glass Castle is truly astonishing—a memoir permeated by the intense love of a peculiar but loyal family.
Jeannette Walls graduated from Barnard College and was a journalist in New York. Her memoir, The Glass Castle, has been a New York Times bestseller for more than six years. She is also the author of the instant New York Times bestsellers The Silver Star and Half Broke Horses, which was named one of the ten best books of 2009 by the editors of The New York Times Book Review. Walls lives in rural Virginia with her husband, the writer John Taylor.
"Walls has joined the company of writers such as Mary Karr and Frank McCourt who have been able to transform their sad memories into fine art."
"Walls has a God-given knack for spinning a yarn, and The Glass Castle is nothing short of spectacular."
"Extraordinary."
"Each memory is more incredible than the last... That Walls recounts them so well and in such detail is our good fortune."
"On the eighth day, when God was handing out whining privileges, he came upon Jeannette Walls and said, 'For you, an unlimited lifetime supply.' Apparently, Walls declined His kind offer."
"Charles Dickens's scenes of poverty and hardship are no more audacious and no more provocative than those in the pages of this stunning memoir."
"Some people are born storytellers. Some lives are worth telling. The best memoirs happen when these two conditions converge. In The Glass Castle, they have."
"The Glass Castle is the kind of story that keeps you awake long after the rest of the house has fallen asleep."
"The Glass Castle is nothing short of spectacular."
Publisher: Scribner
Biography & Autobiography / Literary
Biography & Autobiography / Women
Prebound (January 17th, 2006): $27.80
CD-Audio (September 28th, 2010): $34.99
CD-Audio (July 11th, 2017): $33.59
Paperback (July 11th, 2017): $17.00
Hardcover (March 2005): $25.00
Compact Disc (April 2005): $34.99
Hardcover, Large Print, Large Print (September 2009): $33.95
Paperback (Chinese) (November 2nd, 2009): $47.76
Paperback (Chinese) (October 29th, 2015): $42.08
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Michael Conniff
Novelist, Screenwriter, Journalist, Blogger
MICHAEL CONNIFF is a writer and producer. His novel, BOOK OF O’KELLS: MOTHER NATURE—the story of a billionaire ex-nun who becomes a radical eugenicist and tries to create a town without men—reached #6 on the Amazon Top Ten list for Historical Fiction in 2016. The author of more than a dozen published short stories, he was nominated by Tim O’Brien and selected as a Sokolov Scholar in Fiction at the Breadloaf Writers Conference. For the last twenty years he has been writing THE BOOK OF O’KELLS, a multiple media work of fiction based on his mother’s family that includes novels, a novella, mysteries, a play, oral histories, book reviews, forewords, afterwords—and anything else he can think of, including the novel THE GOOD EGG on Facebook. His play BOOK OF O’KELLS: THE MADNESS OF HATTERS was performed in a workshop by Theatre Aspen. Michael has written several TV pilots and screenplays, including SPY HIGH, a one-hour dramatic thriller about the children of parents who rule the world and decide to form a teenage espionage ring; and DIRE, a one-hour dramatic-sci-fi thriller about a prehistoric dire wolf brought back to life after a fossil find, only to escape into the wilderness to terrorize the ski town of Loverly, Colorado. Michael is currently working on a new TV pilot, the conspiracy theory thriller CONSPIRATORIUM, which asks the question “What if there really is one big conspiracy?” At Harvard in 1980, he became not only the first and only Journalism Tutor in the college’s history, but also the first writing instructor to use word processing as a teaching tool. He then became the first person ever hired full-time in new media by NBC. More recently, he is co-founder of The Isaacson School for New Media at Colorado Mountain College and founded the Digital Story Lab there to foster and facilitate multimedia and social media storytelling. (Mr. Conniff was selected Faculty of the Year at the college by students.) He is also the founder, chairman, and chief executive officer of the social marketing company Post Time Media Inc.; a featured blogger on Huffington Post; former editor-in-chief of Aspen Post, at the time the most accomplished local blog in the country; and the former host of “Con Games” in Aspen, the #1-rated radio talk show on the Western Slope of Colorado. Mr. Conniff is a third-generation newspaperman and the son of Pulitzer Prize-winning journalist Frank Conniff. A graduate of Harvard with honors in history, he cut his teeth as a copy boy and then a reporter on the San Francisco Examiner, Baltimore News American, and the Boston Herald. In his career, he has started four independent news services. He designed Citicorp Global Report, the first international online news service for end-users and the first such service to ever achieve profitability. For Reuters, he was the lead consultant spearheading Reuter TV 2000, the news provider’s attempt to integrate video into its global offerings. Mr. Conniff led his own consulting firm, High Comm Group, for ten years, and completed assignments for clients large and small, including General Electric, Citicorp, Pacific Bell, AT&T, and Reuters. After High Comm Group, Mr. Conniff co-founded Interactive Sports Inc. and became its chairman and chief executive officer. The company started by developing video database systems for teams like the Indiana Pacers of the National Basketball Association and the Tampa Bay Lightning of the National Hockey League, then morphed into a consumer media company that produced over 100,000 stories for company-owned brands like Women’s Sports Channel, Urban Sports Network, Nutrition.com, and X Ice, a joint-venture with the NHL New York Islanders. The company also provided sports content to Oprah Winfrey’s Oxygen network, and developed and operated the interactive information network at MCI Center, one of the first such systems of its kind in the world.
True Northstar
CON GAMES: Hamptons Take 2 Wakes Up The Echoes
CON GAMES: Yankees Blind To Fans
The Death Of The Good Guy In Movies, TV
Have A New Koch And A Smile
In Television, Nobody Knows Anything
Text Brouhaha in Colorado Election
CON GAMES: Post 9/11, Pen Mightier Than Sword
CON GAMES: Print Comes Tumbling Down At Aspen Words
The High Life in Beaver Creek
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Why has Hull City's FA Cup tie at Millwall been selected for overseas broadcast?
The Tigers travel to the Den on Sunday aiming to secure a place in the fourth round
08:00, 5 JAN 2019
Updated 12:57, 5 JAN 2019
Hull City Manager Nigel Adkins and Millwall Manager Neil Harris prior to the Sky Bet Championship match at The Den, London (Image: Focus)
It might have been an entertaining fixture when Millwall and Hull City shared four Championship goals at The Den back in December, but the decision to select the same fixture for overseas broadcast in the FA Cup third round has been met with widespread surprise.
Most had expected City would face the Lions as a traditional Saturday 3pm fixture but instead it will be staged on Sunday 6 January, with a 2pm kick-off. We, just like you, have been wondering why.
So, what’s the appeal behind a meeting of two teams that sit 19th and 13th in the Championship?
As is so often the case with modern football, TV money is at the heart of this decision.
Under a new six-year international deal that has begun this year, a total of 14 third round ties have been selected for overseas broadcast on top of the six ties that will shown domestically by BT Sport and BBC One.
Hull City fans will head to The Den twice in the space of a month (Image: Getty Images)
The new TV contract is thought to be worth £820m to the Football Association and means just 10 of the 32 third round ties will kick-off at 3pm on Saturday 5 January.
City’s trip to Millwall has been pencilled in for 2pm on Sunday, along with the equally unappealing contests between Fulham and Oldham, Preston and Doncaster and QPR and Leeds.
What’s is worth to City?
The very simple answer is a cheque for £50,000. Although all games televised by BT Sport or the BBC will guarantee an income of £150,000 to the clubs involved, the overseas broadcast fee is a third of that.
Millwall and City will also split the gate receipts, while the winning club will pick up a further £135,000.
Watch: Nigel Adkins on how he became football manager
How were the timings decided?
The FA have said today that “all Emirates FA Cup matches are scheduled in collaboration with the clubs, the local authorities and the police” and that could be an indication why City’s tie has been moved.
Seven London clubs, including Millwall, were drawn to play at home in the FA Cup third round and three of those have been moved to the Sunday.
Grimsby Town’s trip to Crystal Palace, for example, is another game picked for overseas broadcast and will kick-off at 5.30pm on the Saturday, while West Ham will host Birmingham at 12.30pm on the same day.
What does it mean for City fans heading to the capital?
A long day. It’s a 400-mile round trip to The Den and probably at least eight hours on the road. It promises to be little easier going by train.
Todd Kane of Hull City applauds the travelling fans at The Den
The earliest direct service is the 08.58 out of Hull that gets you into London Kings Cross at 12.36. By the time you get to London Bridge and then South Bermondsey, it’ll be less than an hour to go before kick-off.
Engineering works on that weekend means even a direct service between Hull and London will take over three and a half hours.
Supporters will be able to pay on the day at The Den. Adult tickets are priced at £12, with concessions at £6.
Hull City CouncilHull fly-tippers leave shocking mess after dumping rubbish
Two residents have been fined for illegally dumping items in public areas
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Bigg Boss 10 first runner up Bani Judge: You cannot have a strategy for this show
Bani Judge was declared the runner up while Manveer Gujjar is the winner of Bigg Boss 10.
tv Updated: Jan 30, 2017 15:35 IST
Yashika Mathur
People liked and disliked her in equal measure during the show, but VJ Bani Judge has emerged as the first runners up of Bigg Boss 10. And Bani, who has been a part of other reality shows on TV says that one can’t stick to a particular strategy in this show.
“It’s impossible to have a strategy in this house. You don’t know if you are going to get along with people or they are going to like you one day and hate you the next day. There is no consistency in the house and it’s all a test. You have to remember that these fluctuations are temporary and you can’t let anything about that affect you,” says Bani.
Bani gets nostalgic watching her journey on Bigg Boss 10. ( Colors )
Talking about being in the house for 106 days, with 20 other contestants in the initial stage, she says, “The experience was very difficult. I will not say that it was easy or awesome and all of that. It was harrowing and challenging. It was in the sixth or seventh week when I really thought that I had lost motivation. Anyone who thinks that they could take part in this show on a whim, I would suggest them to think about it,” she says.
The reality show contestant decided to be part of the show after getting advice from her best friend, actor Gauahar Khan, who won the seventh season of the show.
“The reason why I entered the show was because Gauahar said that I could do this. It was good that all the contestants in my season had seen Gauahar’s show so when I would feel down, I would ask them to describe how Gauahar was on the show and that would motivate me. There were times when I was faced with a task and I would think what would Gauahar would do in the situation and it would make me feel much better,” she says.
First Published: Jan 29, 2017 23:57 IST
Bigg Boss winner Manveer Gurjar: I let other opponents make mistakes in tasks
Live Bigg Boss 10 finale: Manveer wins the show, Bani is the runner up
Bigg Boss winners over the years: Where are they now?
Bigg Boss 10: Manu-Mona, Bani-Gaurav and other love stories that could not be
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Hinduism-FAQ
Hinduism-AtoZ
Bhagavadgita
Saivism
Ancillary Sacred Literature of Hinduism
by Jayaram V
Summary: Hinduism has one of the richest sacred literature. Some of its sacred texts have a history of a few thousand years. Many ancillary texts also played an important role in its development. In this essay we examine the importance of ancillary sacred literature of Hinduism namely the Puranas, Vedangas, Darshanas, the epics Ramayana and Mahabharata, Bhagavadgita, Sutras, devotional literature, Agamas and the Tantras.
Hinduism has drawn richly from several literary sources. The Vedas are the most important among them. They form the core of Hindu ritual and spiritual knowledge, beliefs and practices. Other important texts of the Vedic period include six ancillary texts or limbs of the Vedas (Vedangas) and four texts or aphorisms (sutras). In the following discussion we will examine the secondary texts which contribute to our knowledge of Hinduism.
Vedangas
The Vedangas, meaning the limbs of the Vedas, are the ancillary texts. They enhance our study and understanding of the Vedas besides preserving and protecting the purity and integrity of their content, structure and expression. They are six namely shiksha (study), chhanda (meter), vyakarna (grammar), nirukta (lexicon), jyotisha (astrology), and kalpa (methodology of rituals). Each of them has a particular value in the ritual practices of Vedism.
For example, chhanda helps in the chanting or singing of the Vedic hymns according to the establish metrical rhythm. Nirukta helps in the study of the Sanskrit words and their meaning. Jyotisha helps in the study of the planetary positions and divisions time to determine auspicious time to perform various Vedic rituals. Kalpa helps in preparing and setting the stage for the performance of the rituals. Thus the Vedangas help as aids in the study of the Vedas as well as in the performance of the sacrificial ceremonies by avoiding common mistakes.
Kalpa Sutras
The Sutra texts establish the rules and procedures for the performance of various, domestic and nondomestic rituals and sacrifices. The four Sutras are the Shrauta Sutras (on how to perform rituals), the Sulba Sutras (on how to build altars), the Grihya Sutras (on how to perform domestic rites) and the Dharma sutras (on how to live virtuously according to one’s dharma). They form part of the Kalpa Sutras. The Grihya and Dharma Sutras are often combined under the generic name Smarta Sutras.
The Puranas
The Puranas contain legends, histories of ancient kings, sages, warriors, and royal lineages, cosmogony, cosmology, creation theories, the exploits and adventures of gods and goddesses, intermixed with useful information on the essentials of philosophy, devotional theism, morality and spirituality. They form part of the smriti tradition, and serve an important role in creating and promoting religious awareness, beliefs and practices. They also describe the metaphysical truths regarding creation, and the battles between gods and demons. Although for a student of history they may not represent authentic historic documents, for a student of Hinduism they are a valuable source of information.
Hindu tradition recognizes 18 principal (maha) Puranas and 18 ancillary (upa) Puranas. There are multiple recensions for each Puranas, whose authorship is uncertain. They were probably composed by numerous scholars over time. They are further divided into Shaiva, Vaishnava, Agni, Brahma, and Surya Puranas. The main Puranas are the Matsya Purana, Padma Purana, Naradiya Purana, Vishnu Purana, Varaha Purana, Vamana Purana, Brahma Purana, Shiva Purana, Skanda Purana, Markandeya Purana, Garuda Purana, Agni Purana, Linga Purana, Brahmavaivarta Purana, Kurma Purana, Brahmanda Purana, Vayu Purana, and Bhagavata Purana. There is no unanimity about what constitute the 18 ancillary Puranas. A few important Upa Puranas are Vashistha, Devi, Ganesha, Parasara. Bhargava, Varuna, Nandi, Surya, Durvasa, Kapila, Bhargava and Samba Puranas. They are relatively less known than the Maha Puranas and less imporant.
The Puranas played a significant role in the transformation of Hinduism, restructuring of the ancient Vedic pantheon and elevating the chief deities, Shiva and Vishnu, who were relatively unknown during the early Vedic period. They synthesized diverse beliefs and practices and facilitated the continuation of the ancient as well contemporary aspects of Hinduism, besides contributing to the rise of popular devotional Hinduism and creating public awareness about the deities and their religious and spiritual significance.
The Darshanas
Darshana means a vision or a viewpoint. Each darshana represents a particular school of Hindu philosophy, or a perspective of truth or the reality of existence. The Darshanas are six namely the Nyaya, Vaisheshika, Samkhya, Yoga, Mimansa and Vedanta. Of them the last two are also known as Purva and Uttara Mimansa (inquiry) respectively. The six Darshanas are again traditionally paired into three subgroups because of their close association namely Nyaya-Vaisheshika, Samkhya-yoga, and Purva-Uttara Mimnasa. Of them the last two are directly derived from the Vedas.
All the schools are considered theistic (astika) because they believe in afterlife and in either God or soul or both. However, except for the Vedanta, the remaining schools do not believe in the existence of a Supreme Being or his role as creator, although they acknowledge the existence of eternal, indestructible, eternal souls. Apart from them, there are other schools which are decidedly atheistic. Prominent among them is the Charvaka school, which formed part of the ancient Lokayata (materialistic) tradition. They did not believe in afterlife or the inviolability of the Vedas or their divine origin.
The Darshanas provide an insight into ancient Indian philosophies and their value to Hinduism in understanding its essential concepts, beliefs and practices. They explain the philosophical basis of the main concepts of Hinduism such as the nature of reality, the properties of matter and the objective world, the means to ascertain the truths of existences and the metaphysical truths within the limitations to which we are subject.
Our knowledge of Hinduism shall remain incomplete without their study. Each of the Darshanas has its own scriptural basis, teacher traditions and sub schools. The principal texts of the six schools are the Nyaya Sutras of Gautama, the Vaisheshika Sutra of Kanada, the Samkhya Karika of Isvara Krishna, the Yogasutras of Patanjali, the Mimansa Sutra of Jaimini and the Vedanta Sutra of Badarayana.
The Devotional literature
In the post Buddhist era, the Indian subcontinent witnessed the rise of Hindu devotional theism, spearheaded by the followers of both Shaivism and Vaishnavism, which gave birth to a rich corpus of devotional literature. Indeed, it was an offshoot of the Vedas, epics, the Puranas and sectarian literature only.
The epic literature
The two major Hindu epics, the Ramayana and the Mahabharata, constitute the Itihasa literature. They are complex stories of a very ancient past about whose antiquity and real historical basis no one can ascertain. They are also the largest and the most ancient epics in the world, interspersed with rich philosophy, veiled history, and the play of gods and God in the affairs of the human beings. As religious works they occupy a special place in the hearts and minds of Hindus. They also gave birth to a rich collection of derivative works, commentaries and interpretations.
The epics still capture the imagination of Hindus, who do not get tired even after repeatedly listening to the same stories and incidents. Since ancient times they have been playing a significant role in spreading religious awareness among the masses and strengthening their faith. In many ways, they did a greater service to Hinduism than any other religious text, including the Vedas and the Upanishads. No study of Hinduism is ever complete without their study.
The Bhagavadgita
The Bhagavadgita forms part of the Mahabharata. It contains the teachings of Lord Krishna to Arjuna, in the middle of the battlefield, about the meaning of true self, renunciation of desire-ridden actions, the resolution of karma, the realities and modes of Nature, the role of God and his numerous manifestations in creation, divine and demonic qualities, the value of true devotion and surrender to God, the importance of cultivating purity and working for liberation.
It contains 600 verses, divided into 18 Chapters of varying lengths, which synthesizes the diverse belief and practices of Hinduism into a harmonious and integrated system of yoga to achieve liberation. The text, which has been translated into almost every major world language, has profoundly influenced many generations of Hindus and continues to play a significant role in molding their lives.
Apart from them, there are many other works of devotional value, both in Sanskrit and vernacular languages such as the composition of the Alvars and the Nayanars, and the works of several medieval bhakti saints and spiritual teachers. The scope of this essay does not allow us to specifically mention them.
Other principle sacred texts of Hinduism include the Saiva Agamas, which are treatises on the greatness of Lord Shiva and his various aspects, and Vaishnava Samhitas, which deal with the worship of Lord Vishnu and his various forms. There are also many Tantras, which deal with the ritual and spiritual worship of Shakti or Mother Goddess, her numerous power and potencies and the symbolism and spiritual value of the mantras, mandalas, chakras, and sacred syllables.
Hinduism was also greatly benefited by the works of latter day scholars such as Shankaracharya, who wrote commentaries on major Upanishads, apart from original works and devotional compositions. According to tradition, he played a significant role in the revival of Hinduism and strengthening its roots at a time when Buddhism was on decline in India. He also expounded Advaita, the philosophy of nondualism, according to which Brahman was the only existential reality, and his creation was a temporary projection or an illusion.
Other prominent texts which deserve to be mentioned are the works of Ramanuja, Madhava, the Alvars, Nayanars, Ramananda, Vallabhacharya, Nimbarka, Tulsidas etc. During the British period many scholars and spiritual masters contributed to the renewal and reform of Hinduism through their writings. They tried to use religious beliefs and values which were enshrined in the ancient Hindu sacred texts to inculcate feelings of unity and nationalism among the Indians and unite them against the colonial rule. Prominent among them were Swami Dayananda Saraswathi, Ramakrishna Paramahansa, Swami Vivekanada, Ramana Maharshi, Aurobindo, Yogananda, Rabindranath Tagore, Annie Besant, Balgangadhar Tilak, Mahatma Gandhi and several others. Through their teachings and actions, they inspired millions of Hindus to take pride in their religious heritage and adhere to its eternal values.
The Samkhya Philosophy and 24 Principles of Creation
The Bhagavadgita On The Problem Of Sorrow
The Concept of Atman or Eternal Soul in Hinduism
The Practice of Atma Yoga Or The Yoga Of Self
The Problem of Maya Or Illusion and How To Deal With It
Belief In Atman, The Eternal Soul Or The Inner Self
Brahman, The Highest God Of Hinduism
The Bhagavad Gita Original Translations
The Bhagavadgita, Philosophy and Concepts
Bhakti yoga or the Yoga of Devotion
Hinduism And The Evolution of Life And Consciousness
Why to Study the Bhagavadgita Parts 1 to 4
The Triple Gunas, Sattva, Rajas and Tamas
The Practice of Tantra and Tantric Ritual in Hinduism and Buddhism
The Tradition Of Gurus and Gurukulas in Hinduism
Origin, Definition and Introduction to Hinduism
Hinduism, Way of Life, Beliefs and Practices
A Summary of the Bhagavadgita
Avatar, the Reincarnation of God Upon Earth
The Bhagavadgita on Karma, the Law of Actions
The Mandukya Upanishad
The Bhagavadgita On The Mind And Its Control
Symbolic Significance of Numbers in Hinduism
The Belief of Reincarnation of Soul in Hinduism
The True Meaning Of Renunciation According To Hinduism
The Symbolic Significance of Puja Or Worship In Hinduism
Introduction to the Upanishads of Hinduism
Origin, Principles, Practice and Types of Yoga
Hinduism and the Belief in one God
Jayaram's Books
Essays on Karma
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Essays on Upanishads
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Google Debuts High-Resolution Nexus 7 Tablet
New 7-inch tablet equipped with impressive 1920 x 1200 resolution display.
By Justin Rubio
Posted: 24 Jul 2013 4:50 pm
Today Google announced the next Nexus 7 tablet, featuring a new high-resolution display, a thinner and lighter body, and the latest version of the company's mobile operating system: Android 4.3 Jelly Bean.
Check out our Google Nexus 7 (2012) review.
The 7-inch Asus tablet now sports a 1920 x 1200 resolution display with a pixel density of 323ppi, up from its predecessor's 1280 x 800 216ppi screen. Underneath the hood of the new tablet is a quad-core 1.5GHz Snapdragon S4 Pro processor and 2GB of RAM — the previous year's model utilized a 1.2GHz Nvidia Tegra 3 CPU and 1GB of RAM. Battery life on the new tablet is expected to get you 9 hours of HD video or 10 hours of web browsing.
New additions to the Nexus 7 are a rear-facing 5-megapixel camera, stereo speakers with Fraunhofer virtual surround sound, and optional 4G LTE-compatibility with AT&T, T-Mobile, and Verizon's networks. A Slimport HDMI port and wireless charging capabilities have also been added, although microSD card support is still not present.
The design of the new Nexus 7 isn't a major departure from the previous model, although the dimpled rear casing has been replaced with a smooth plastic finish. The bezel is surrounding the display is slightly thinner, and the device as a whole is now 50g lighter.
Likely due to the various upgrades, the new Nexus 7 will carry a higher price tag than last year's $200 tablet. When it launches in the United States on July 30th, the new Wi-Fi-only Nexus 7 will cost $229 for 16GB of storage and $269 for the 32GB model. A 32GB LTE version will be available for $349, although a solid release date for this model has yet to be announced. Availability in the UK, Japan, Canada, and other international markets is expected to start in the coming weeks.
Justin is all about his family and his gadgets. Follow him on MyIGN or on Twitter at @ItsTheLingo.
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Articles from Johns Hopkins
Home > News and Publications > For the Media > News Release Archive
Fewer Than Half of Women Attend Recommended Doctors Visits After Childbirth - 02/05/2014
Fewer Than Half of Women Attend Recommended Doctors Visits After Childbirth
Visits considered “window of opportunity” to ensure preventive care
Medical associations widely recommend that women visit their obstetricians and primary care doctors shortly after giving birth, but slightly fewer than half make or keep those postpartum appointments, according to a study by Johns Hopkins researchers.
The researchers found that women with pregnancy complications were more likely to see a doctor post-delivery, but overall, visit rates were low.
“Women need to understand the importance of a six-week visit to the obstetrician — not only to address concerns and healing after delivery, but also to follow up on possible future health risks, review the pregnancy and make the transition to primary care,” says Wendy Bennett, M.D., assistant professor of medicine and the lead researcher for the study, described online last week in the Journal of General Internal Medicine. “Women with pregnancy complications are at higher risk for some chronic diseases, such as diabetes, high blood pressure and heart disease, and these visits are an opportunity to assess risks and refer to primary care providers to work on long-term preventive care.”
Physician groups, such as the American College of Obstetrics and Gynecology, recommend women with complications like high blood pressure during pregnancy or gestational diabetes not only visit their obstetricians six weeks after a birth, but that they also see their primary care doctors within a year.
For the study, the researchers collected data from one commercial health insurance plan and multiple Medicaid insurance plans in Maryland. The aims were to determine different predictors of receiving post-delivery primary and obstetric care in women with and without pregnancy complications, including gestational or pregestational diabetes mellitus and hypertensive disorders, such as preeclampsia. Women with these conditions are much more likely to develop long-term health problems, such as type 2 diabetes and cardiovascular disease.
Among women with tax-supported Medicaid insurance, 56.6 percent of those with a complicated pregnancy and 51.7 percent of those without a complicated pregnancy visited a primary care doctor within a year. Among women with commercial health insurance, 60 percent of those with a complicated pregnancy and 49.6 percent of those without a complicated pregnancy did so.
White patients, older patients and patients with depression or preeclampsia were also more likely to visit their primary care doctor.
Of the women on Medicaid, 65 percent of those with complicated pregnancies and 61.5 percent of those without complicated pregnancies had a postpartum obstetric visit within three months. Numbers were slightly lower for those with commercial insurance, at 50.8 percent of those with complicated pregnancies and 44.6 percent of those without complicated pregnancies.
Bennett says providers need to develop creative ways to improve attendance at postpartum visits. A pilot project at Johns Hopkins Bayview Medical Center, for example, involves combined “mommy-baby” visits, she says. If the baby’s checkup is included in the mother’s visit, the mother may be more likely to keep the appointment, and thus would receive important education about improving health behaviors and the need for primary care follow-up. Other options are home visits and collaborations with day care centers, community centers and churches to make visits and health promotional activities more convenient.
Bennett says more work is also needed by hospitals and physicians to coordinate future appointments, or to arrange transportation or child care if needed.
“Pregnancy is a teachable moment — many women are very motivated to make healthier lifestyle choices to keep themselves and their babies healthy. After a birth, we need to keep them motivated,” she says.
Bennett and her team say their findings add to evidence that access to health care alone — having insurance and a physician — is not enough to assure proper care. All study participants had insurance for at least six weeks after delivery.
The study was supported by the National Institutes of Health’s National Heart, Lung, and Blood Institute (5K23HL098476-02).
Other Johns Hopkins researchers involved in the research include Hsien-Yen Chang, Ph.D., M.H.S.; David M. Levine, M.D., Sc.D., M.P.H.; Lin Wang, Ph.D.; Donna Neale, M.D.; Erika F. Werner, M.D., M.S.; and Jeanne M. Clark, M.D., M.P.H.
Dr. Wendy Bennett's profile
Lauren Nelson
lnelso35@jhmi.edu
Stephanie Desmon
sdesmon1@jhmi.edu
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AbbVie to Buy Allergan in a $63 Billion Deal
By Deborah DSouza
Biopharmaceutical company AbbVie Inc. (ABBV) has announced it will buy Botox manufacturer Allergan plc (AGN) in a cash and stock deal worth about $63 billion.
The transaction value represents a 45% premium to the closing price of AbbVie's shares of $78.45 on Monday. Allergan shareholders are set to receive 0.8660 AbbVie shares and $120.30 in cash for each Allergan share that they hold, which is a total worth $188.24.
Shares in Abbvie plunged over 10% during pre-market trading on Tuesday morning. Allergan stock on the other hand skyrocketed almost 30%.
The combined company is expected to have revenue of about $48 billion. The press release says the deal will provide pre-tax synergies and cost reductions of $2 billion in year three and add 10% to earnings-per-share over the first full year of the combination, with peak accretion of greater than 20%. The cash flow generated is expected to support a debt reduction target of $15 billion to $18 billion before the end of 2021.
Richard A. Gonzalez will stay on as chairman and chief executive officer of AbbVie. Allergan's chairman and chief executive officer, Brent Saunders, together with another Allergan director will join AbbVie's board. AbbVie will continue to be incorporated in Delaware and have its principal executive offices in North Chicago, Illinois.
"The combination of AbbVie and Allergan increases our ability to continue to deliver on our mission to patients and shareholders," said Gonzalez. "With our enhanced growth platform to fuel industry-leading growth, this strategy allows us to diversify AbbVie's business while sustaining our focus on innovative science and the advancement of our industry-leading pipeline well into the future."
"Our fast-growing therapeutic areas, including our world class medical aesthetics, eye care, CNS and gastrointestinal businesses, will enhance AbbVie's strong growth platform and create substantial value for shareholders of both companies," said Saunders.
Boeing Shares Pop on 20% Dividend Hike
Top 10 Highest Paid Executives for 2018
How mergers and acquisitions can affect a company
The Collapse of Lehman Brothers: A Case Study
The Biggest Stock Scams of All Time
The Series 63 is a securities exam and license entitling the holder to solicit orders for any type of security in a particular state.
No Dealing Desk (NDD)
No dealing desk (NDD) is the art of trading forex directly with the interbank market.
What Is a Deal Ticket?
A deal ticket is a record of all the terms, conditions, and basic information of a trade agreement. It is also called a trading ticket.
Package deals allow traders to ensure specific prices or times to maturity for multiple assets.
Drive-By Deal
A drive-by deal is slang referring to a deal in which a venture capitalist invests in a startup with the goal of a quick exit strategy.
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Issue Date April 2018
Page Numbers 68-75
arrow-down-thin Download from Project MUSE
New Zealand is the target of a concerted foreign-influence campaign by the People’s Republic of China (PRC). The campaign aims to further the political and economic agendas of the Chinese Communist Party (CCP) by coopting local elites, securing access to strategic information and resources, and manipulating public discourse. These CCP political influence activities, which in China fall under the rubric of “united front work,” have also frequently been a means of facilitating espionage. New Zealand appears to have been a test zone for many of China’s recent united front efforts—activities that not only threaten New Zealand’s sovereignty, but also are undermining the integrity of the New Zealand political system and the rights of ethnic-Chinese New Zealanders to the freedoms of speech, association, and religion.
Authoritarian influence
Multiregional
China, New Zealand
Ballots, Bullets, and the Bottom Billion
Arthur A. Goldsmith
Does recourse to the ballot box spur violence and instability in the world’s poorest countries? Despite the worries of modernization theorists such as Paul Collier, the evidence indicates that, over…
The Americanization of the European Left
Seymour Martin Lipset
In postindustrial societies, class is less important as a source of party cleavage. With the European left embracing a market-friendly “third way,” political divisions in Europe are increasingly resembling those…
Books in Review: Is China Stuck?
Bruce Gilley
A review of China's Trapped Transition: The Limits of Developmental Autocracy by Minxin Pei.
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New tissue-imaging technology could enable real-time diagnostics, map cancer progression-Click Here
Everything big data claims to know about you could be wrong-Click Here
HomeMedical BreakthroughsAlzheimer’s
Alzheimer’s Memory Test
By Ivanhoe Broadcast News on October 24, 2018 Alzheimer’s Medical Breakthroughs
TUCSON, Ariz. (Ivanhoe Newswire) — Alzheimer’s disease is hard to detect early. Changes in the brain may start long before symptoms become apparent. Now results of a new study show that a memory test may tell doctors who is at risk of developing Alzheimer’s years in advance.
Jean and Kathy Norris-Wilhelm have been together 22 years. Jean started forgetting things, but it took two years of neurological testing to get an Alzheimer’s diagnosis. When asked if she misses the math classroom where she taught for 18 years …
“I did, but now a lot of it has gone away from me,” said Jean.
A recently-completed study at the University of Arizona showed that what’s called an autobiographical memory test may show who’s at risk. Neuropsychologist Matt Grilli, PhD, Dir, Human Memory Lab at the University of Arizona and his team tested how vividly participants could describe past events.
(Read Full Interview)
Grilli explained, “It relies on a number of regions to be coordinated and to sort of work together.”
Grilli tested two groups of cognitively normal people. Those in one group have a gene that increases risk for Alzheimer’s and they had a harder time remembering detail.
“It does tell us that his story of, type of memory testing has promise as a new way of trying to pick up on early signs of Alzheimer’s disease,” Grilli stated.
Kathy is excited that this inexpensive non-invasive screening could get more people an early diagnosis.
“I think having something like this is critical because the sooner you can get a diagnosis, you can prepare for it.” Kathy said.
Not all of the study participants with the genetic risk factor tested poorly, and not everyone with the gene will develop Alzheimer’s. Professor Grilli plans to follow participants in this study and has begun another study that includes measuring participants’ brain activity and structure.
Contributors to this news report include: Wendy Chioji, Field Producer; Bruce Maniscalco, Videographer; Cyndy McGrath, Supervising Producer; Hayley Hudson, Assistant Producer; Roque Correa, Editor.
TOPIC: ALZHEIMER’S MEMORY TEST
ALZHEIMER’S: Alzheimer’s is a type of dementia which causes problems with thinking, memory, and behavior. Symptoms will usually develop slowly and gradually get worse over time, eventually becoming severe enough to interfere with a patients day to day life. It accounts for 60 to 80 percent of all dementia cases, and it is not a normal part of aging. The greatest known risk factor is increasing age, as a majority of people with Alzheimer’s are over the age of 65. It is not only a disease of old age; approximately 200,000 American’s under the age of 65 have younger-onset Alzheimer’s, or what is also known as early-onset Alzheimer’s. There is no current cure for Alzheimer’s, but treatment is available and research is ongoing. Early signs and symptoms include things such as memory loss that disrupts daily life, challenges in problem solving, difficulties with familiar tasks, confusion with time or place, trouble understanding, misplacing things and decreased or poor judgement.
(Source: https://www.alz.org/alzheimers-dementia/10_signs)
TREATMENT: There is no cure for Alzheimer’s disease or any way to slow its progression, but there are both drug and non-drug options that may help treat symptoms. The FDA has approved two types of medication to treat cognitive symptoms of Alzheimer’s: cholinesterase inhibitors and memantine. As the disease progresses, brain cells die and the connections amongst cells are lost. These medications may help lessen or stabilize symptoms for a limited time by affecting certain chemicals in the brain’s nerve cells. Behavior treatment may also be recommended, this will be on a patient-to-patient basis and involve things like avoiding certain behavior triggers and properly addressing emotional symptoms. Treatments may also be given for things like sleep patterns and behavior.
(Source: https://www.alz.org/alzheimers-dementia/treatments/)
NEW STUDY: Researchers at the University of Arizona are working on a cognitive test that could help medical professionals make earlier predictions about who is at a high risk for developing Alzheimer’s disease. Using an autobiographical memory test, researchers collected data on a participant by asking them to construct and relive an important memory from their own life experience. All subjects were deemed cognitively normal, but half carried a gene that put them at increased risk for developing Alzheimer’s. Researchers found that those who carried this gene overall shared fewer particular details and had a harder time providing vivid description of their memory imagery than those who did not carry the gene. With this information and further studies, researchers hope to be able to use this autobiographical test to predict if someone may need to pursue further Alzheimer’s testing.
(Source: https://uanews.arizona.edu/story/researchers-test-autobiographical-memory-early-alzheimers-detection and Dr. Matthew Grilli)
Jean Spinelli
jspinell@email.arizona.edu
Read the entire Doctor Q&A for Matt Grilli, PhD, Director of the Human Memory Lab
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Trump to make prime-time address, visit US-Mexico border amid shutdown stalemate
Felicia Sonmez and Josh Dawsey, The Washington Post
WASHINGTON - President Donald Trump is ramping up his efforts to make a public case for his border wall as the partial government shutdown is now in its third week, planning a prime-time address Tuesday night and a visit to the border Thursday.
Trump announced the news of his presidential address in a Monday tweet.
"I am pleased to inform you that I will Address the Nation on the Humanitarian and National Security crisis on our Southern Border," he said. "Tuesday night at 9:00 P.M. Eastern."
Earlier Monday, White House press secretary Sarah Sanders announced that Trump will travel to the U.S. border with Mexico on Thursday.
"President @realDonaldTrump will travel to the Southern border on Thursday to meet with those on the frontlines of the national security and humanitarian crisis," she said. "More details will be announced soon."
The presidential speech and visit come amid the continuing partial government shutdown and Trump's insistence that any funding bill to reopen federal agencies include $5.7 billion for his border wall.
Trump made his first visit to the border as president 10 months ago. During that trip, Trump toured 30-foot-tall steel and concrete prototypes of the border wall in California and strongly condemned jurisdictions that offer "sanctuary" to undocumented immigrants.
The White House on Monday did not immediately release details on the site of Trump's planned visit. But the Federal Aviation Administration issued a notice that airspace in the McAllen, Texas, vicinity would be restricted on Thursday due to a "VIP movement."
The border city of 142,000 people is home to a U.S. Customs and Border Protection facility where migrants who have crossed illegally into the U.S. have been detained. First lady Melania Trump also visited a shelter for migrant children in McAllen in June.
Trump and congressional Democrats remain at an impasse on crafting a deal to reopen the government, which is in its 17th day of a partial shutdown. Democrats, who retook control of the House last week, have passed measures that would fund the federal agencies affected, but Trump has balked at any legislation that does not meet his demand for border wall funding. Talks over the weekend showed no signs of a breakthrough, and hundreds of thousands of federal workers remain furloughed.
Trump said Sunday that he understood the predicament facing federal workers who are not receiving their paychecks.
"I can relate, and I'm sure the people who are on the receiving end will make adjustments; they always do," Trump told reporters outside the White House. He also claimed that "many of those people agree with what I'm doing": refusing to reopen the government without obtaining funding for the wall, one of his signature campaign promises.
With the impact of the partial shutdown rippling across the country, acting White House budget director Russell Vought sent a letter to congressional leaders Sunday detailing the administration's demands.
The letter called for $5.7 billion "for construction of a steel barrier for the Southwest border" but also proposed "an additional $800 million to address urgent humanitarian needs" and unaccompanied migrant children arriving at the border.
In a tweet Sunday night, Trump sought to put a positive spin on the ongoing negotiations, describing them as "productive" and declaring that "we are now planning a Steel Barrier rather than concrete."
But a Democratic official said no progress was made over the weekend, in large part because the White House has not been forthcoming about how the money would be used or why the request is for so much more than the administration sought only a few months ago.
Trump has said in recent days that he might seek to unilaterally secure border wall funding by declaring a national emergency, a move that experts say would be of questionable legality.
House Speaker Nancy Pelosi, D-Calif., sharply criticized Trump on Sunday for raising that possibility, suggesting in an interview with CBS News that the president "would like to not only close government, build a wall, but also abolish Congress so the only voice that mattered was his own."
The Washington Post's Robert Costa and John Wagner contributed to this report.
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Trump Son-in-Law Jared Kushner Has Close Ties To Saudi Prince
Chip SomodevillaGetty Images
KC Morgan
And the plot thickens. Donald Trump has taken a firm pro-Saudi stance in the wake of the disappearance and presumed death of American resident Jamal Khashoggi, a Saudi journalist who was vocally critical of the Saudi ruling royal family. That royal family also has close ties to the Trumps by virtue of Jared Kushner, Ivanka’s husband and the president’s son-in-law.
Kushner, a senior White House adviser, has maintained close ties to the Crown Prince of Saudi Arabia, Mohammed bin Salman, for years. Kushner has gotten close to the prince recently as part of his White House duties. Among many other tasks, Kushner has been charged with restoring peace to the Middle East.
Kushner and the prince met at the White House in March 2017, reports NPR. They have had at least four face-to-face meetings since that date and sources say the two have a close bond.
There is evidence that Kushner has business interests in Saudi Arabia. Kushner’s background is in real estate, just like Donald Trump. In May, a report from Bloomberg News found that a technology company Kushner partly owns was in talks to receive private funding, backed by the government of Saudi Arabia, to the tune of $100 million. That’s quite a bit of money. The deal ultimately fell through.
The Saudi Arabian royal family, the King and Prince bin Salman, have denied all knowledge of Khashoggi’s disappearance. The journalist entered the Saudi Arabian consulate on October 2. Surveillance footage captured him going inside. He never walked back out.
Since then, officials in Turkey have said they have video and audio evidence that Khashoggi was killed inside the consulate. Reportedly, his body was dismembered.
The Washington Post to publish a special edition Op-Ed page with new column by Jamal Khashoggi. In the piece filed just before he disappeared, he discusses the need for a free press in the Mideast. https://t.co/IOuP7u1DTr
— Washington Post PR (@WashPostPR) October 17, 2018
Trump has said that perhaps “rogue killers” murdered the journalist, according to The Guardian. The U.S. and Saudi Arabia exchange a great deal of oil, weapons, and money.
Saudi Arabia has angered the international community through a poor human rights record. The country has earned black marks for civilian deaths during an aerial bombing campaign in Yemen, and the royal family has drawn criticism for imprisoning potential rivals for the throne. Saudi Arabia has therefore increased its lobbying efforts in Washington, spending $27 million in 2017 alone. Of that, $400,000 went into campaign funds for senators and congresspeople.
Prince Mohammed called the White House to speak with Kushner earlier this week. When the call was returned, national security adviser John Bolton was also on the phone with Kushner. When the call ended, Secretary of State Mike Pompeo put in his own call to the prince, reports CNN.
Kushner is being seen at Trump’s side a little less this week as members of Congress and the American public are crying out for a thorough investigation of the disappearance and perhaps a re-evaluation of America’s ties to Saudi Arabia.
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Possibly Thousands Of New Yorkers Were Wrongly Told They Weren’t Registered To Vote
John MooreGetty Images
Chris Walker
Regular voters in New York City were confused this past week when they received a mailer from the city indicating that they were, in fact, inactive voters.
“You were marked as an inactive voter by the New York City Board of Elections, but you may still be eligible to vote in the upcoming election,” the letter, sent from Mayor Bill de Blasio’s office, read in part. It went on to tell recipients how they could rectify their status, by submitting an address-confirmation card to the Board of Elections or by completing a brand new voter registration form, reported the New York Times.
Many people who received the letter, however, were confused by its contents — some of them knew for a fact that they were active voters, as they had just participated in the primary election held in New York state the month before. Others expressed fear of being kicked off the voter rolls just weeks before an important midterm election.
“I kind of panicked because I had [previously] checked my voter registration, I wasn’t sure if I’d be able to get it back in time and I had no idea when I’d been marked inactive,” Kaeleigh Farrish, who received one of the 400,000 letters that were sent out, said, according to reporting from Fox 5 News in New York.
Some people have been tweeting today about getting fake letters in the mail regarding their voter registration status. Problem is, they weren't fake..! They came from the city's Democracy NYC initiative. https://t.co/766zuyqaqQ
— Yasmeen Khan (@yasmeenkhan) October 16, 2018
According to the mayor’s office, however, the fault isn’t their own. An outside group called Civis Analytics was contracted out by the office to send the letters.
Editor’s Note: After this story was published, a representative of Civis Analytics responded to the statement from the mayor’s office with an official statement of their own.
“Our relationship with the City is that of a software vendor (Civis) and software user (NYC). NYC’s Public Engagement has licensed Civis’s software for the past two years. Our software enables the City’s data analytics team to manage data and create lists in support of important civic efforts, such as public health awareness campaigns. We were not specifically contracted by Democracy NYC.
“After learning of the errors associated with New York City’s inactive voter letter campaign, Civis assisted the City in conducting an extensive analysis to identify the root of the problem. Together we determined that the error lies not in the data itself, but in the way the list was filtered from the original dataset. List creation using complex datasets is a difficult, time-consuming task, and as data scientists we recognize this as an understandable human error.”
Eric Phillips, Mayor de Blasio’s press secretary, issued a statement on the mixup, shifting blame to the Board of Elections, which the mayor has clashed with in the past on voter registration issues.
“It has come to our attention that a very small group of active voters may have received inaccurate letters from the city identifying them as inactive voters. We’re working to get to the bottom of why the mailing list used, which originated with the city Board of Elections, seems to have led to this error.”
The confusion comes at a time when thousands of Americans across the country are uncertain about their voting status.
A voter ID law in North Dakota, for example, has the potential to disenfranchise voters because it requires IDs to have street addresses printed on their cards, which conflicts with the reality of the situation for thousands of would-be voters, as many Native Americans in the state don’t have physical address. Tens of thousands of voters in Georgia have also been told their registrations have been put on hold, leaving them confused about whether they’ll be able to vote in November, according to reporting by CNN.
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NASA’s Orion Capsule, Designed To Fly Astronauts To The Moon, Gets Major Component From Europe
Alexandra Lozovschi
The Orion spaceship, NASA’s next-generation vehicle developed to ferry astronauts to the moon and beyond, just hit a key milestone.
According to Reuters, the Orion will soon be fitted with its first service module — a European “powerhouse” which has just been delivered earlier today by NASA’s transatlantic partners.
Dubbed the European Service Module (ESM), this crucial component was built by Airbus and will serve to “power and propel the Orion spacecraft on its first mission around the moon,” the European Space Agency (ESA) said on Tuesday.
The hardware was officially handed over to U.S. officials at Bremen airport in Germany on Friday, notes the BBC. Here, the ESM will be loaded inside an Antonov An-124 aircraft and will fly to Kennedy Space Center in Florida on November 5. The service module is expected to arrive in the U.S. on the following day.
“Designed and manufactured in Italy and Germany, the powerful workhorse is Europe’s contribution to humanity’s return to the moon,” stated ESA officials.
The module essentially makes up the back end of the Orion spacecraft and includes a main engine and 32 smaller thrusters that will enable the capsule to orient itself in space. At the same time, the ESM is equipped with large tanks to hold fuel, water, and oxygen for the astronauts.
In addition, the European “powerhouse” will also provide thermal control for the Orion, so that the crew can ride at a comfortable temperature during their upcoming missions to the moon and to Mars.
Orion capsule: Europe delivers astronaut spaceship's first 'powerhouse' https://t.co/eeGdr7qcgM pic.twitter.com/HDfqZ10ZOs
— BBC Science (@BBCScienceClub) November 2, 2018
As NASA points out, the ESM “is a unique collaboration across space agencies” and a major step toward “extending the international cooperation of the International Space Station into deep space.”
This is the first time that the U.S. space agency uses a European-built system as a critical element to power an American spacecraft.
“This is the system that will enable humans to move sustainably into deep space […] and leave the Earth-moon system for the first time ever,” said Bill Gerstenmaier, NASA associate administrator for human exploration and operations.
The Airbus team poses with the ESM during preparations for shipment to NASA's Kennedy Space Center. Featured image credit: NASA/Rad Sinyak
Once in Florida, the ESM will be connected to the Orion crew module and together will undergo more than a year’s worth of intensive testing ahead of the spacecraft’s maiden voyage in 2020.
Known as Exploration Mission-1, or EM-1, this first spaceflight will take the Orion on a three-week journey around the moon and prepare the spacecraft for its first manned mission — EM-2, slated to launch in 2022.
One notable thing about the Orion crew module, which was built by Lockheed Martin, is that it is the first deep-space craft to incorporate 3D-printed components, as previously reported by the Inquisitr.
Artist's rendition of NASA's Orion spacecraft flying during EM-1. Featured image credit: NASA
By the time the first astronauts climb aboard the Orion, the spacecraft will have already traveled nearly 40,000 miles beyond the moon during EM-1. That’s farther into space than any human-rated spacecraft has ever ventured, notes ESA.
The mission is designed to demonstrate system capabilities and prove that the capsule can sustain the crew during its first manned launch. Since the spacecraft will discard the ESM before returning to Earth, the Orion will use another module for EM-2.
Airbus is already working on this second ESM and has even begun preparations for a third space trip of the Orion capsule. Following the EM-2, NASA and ESA are planning on launching the spacecraft on a yearly basis — “making the Orion project both politically and economically important at a time when China and other countries are racing to gain a foothold in space,” per Reuters.
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View this article online: https://www.insurancejournal.com/news/international/2019/05/22/527160.htm
Fairfax Announces Death of CFO Bonham; Varnell Named Interim CFO
Fairfax Financial Holdings Ltd. announced that, David Bonham, vice president and chief financial officer of Fairfax, died suddenly this past weekend.
“The entire Fairfax family mourns the sudden and unexpected loss of our dear friend and partner, Dave Bonham,” said Prem Watsa, chairman and chief executive officer of Fairfax. “Dave was incredibly bright and disciplined as our CFO, and we will all miss his sense of humour, quick wit and caring nature. We extend our deepest sympathies to Dave’s family.”
Fairfax has appointed John Varnell, vice president, Corporate Development, to serve as chief financial officer of Fairfax on an interim basis. Varnell previously served as the Chief Financial Officer of Fairfax on two occasions, as well as the Chief Financial Officer of Northbridge Financial Corporation and Fairfax India Holdings Corporation.
Fairfax is a holding company which, through its subsidiaries, is engaged in property and casualty insurance and reinsurance and the associated investment management.
Source: Fairfax Financial Holdings
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Today's Insurance Headlines | Most Popular | International News
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For 175 years, Imperial Sugar has been a trusted name in family kitchens all across Texas. The Imperial Sugar Company is the one of the oldest continuously operating companies in the State of Texas and was founded by one of the original 100 families brought to the state by Stephen F. Austin.
Vintage Cookbooks
The Household Economist
A Barrel Full of Imperial Recipes
A Bag Full of Recipes
Aunt Cora's Book of Unusual Cakes and Cookies
Home Freezing of Fruits and Vegetables
So You're Canning...
Sue's Candy Kettle and Some of Her Success Secrets
Teena in the Kitchen
From Sugar Cane to Sugar Bowl
Alice In Brown Sugarland
Grandma's Pantry Shelf and Some of Her Preserving Secrets
Homemade Summer Coolers - Quick and Easy
Tough Competition
Imperial Sugar has always been a tradition passed down from mother to daughter. This commercial from 1981 introduces us to three generations of award winning cooks - Vondell McLendon, her mother and her daughter.
The Grandmother of Texas Sugars
This commercial from 1993 is sweet in more ways than one. Watch as Lucille Brinson gives us her heartfelt opinion on why she uses Imperial Sugar. Be sure to hold on till the very end. We promise it will be worth the wait.
Originally broadcast in 1975, this classic Imperial Sugar commercial showcases our Household Economist Cookbook which was based on saving money. The first edition was published in 1915 and was reissued 60 years later. Want to save like grandma did?
Download a copy of the Household Economist in our Vintage Cookbooks.
Originally broadcast in 1968, this 125th Anniversary cookbook was available for only $1 back then. Want to get your hands on one for free?
Download a copy of the Imperial Sugar 125 Year Anniversary recipe book here.
This vintage commercial from 1964 showcases the “Teena in the Kitchen” cookbook from Imperial Sugar. There were actually two Teena in the Kitchen cookbooks. The first one was published in 1954 with just a sketching of a young lady on the front. The second was published in 1964 with an actual picture of Nancy Collins, daughter of former U.S. Congressman Jim Collins.
You can download a copy of Teena in the Kitchen in our Vintage Cookbooks section.
It began in 1843…
In 1843, along the banks of Oyster Creek in what would later become Sugar Land, the Williams brothers built a mule-powered sugar mill, began grinding sugar cane, and a Texas legacy was born. The Imperial Sugar Company is the one of the oldest continuously operating companies in the State of Texas and was founded by one of the original 100 families brought to the state by Stephen F. Austin.
Historical photograph from the Imperial Sugar archives
Saturday afternoon in front of the company stores and office buildings in Sugar Land. People from nearby farms came into town to shop and visit. The sign on the large refinery building reads “Cunningham Sugar operated by Imperial Sugar”.
1929 Downtown Sugar Land
1906 Cunningham Raw Sugar Mill and Refinery. Built-in 1843 and owned by Col. Edward H. Cunningham, the Cunningham Mill was the start of the Imperial Sugar Company.
By 1883, a 600-ton raw sugar mill was completed and named the "Imperial Mill." In 1896, construction began on a cane sugar refinery in Sugar Land to convert the mill's raw sugar output to 100,000 pounds per day of white refined sugar.
Shortly after the turn of the century, the primary sugar cane fields of Sugar Land were purchased by the Kempner family, an affluent and well-respected family who had established themselves in the area. After the purchase, the Kempner family transferred the title of those properties to a private company they had formed, the Imperial Sugar Company. Soon thereafter, the Imperial Sugar Company was incorporated.
Both then and now, millions of households across Texas and the Southeast embrace the Imperial Sugar brand and the qualities it stands for: consistent baking performance, the highest quality, and a legacy of being the only brand of sugar that makes Grandma's recipes right.
For 175 years, Imperial Sugar has been a trusted name in family kitchens all across Texas. Sweet things happen when people come together in the kitchen, and that’s why Imperial Sugar has been at the heart of family traditions and celebrations for generations. We’re the secret ingredient in family-favorite recipes handed down from one generation to another. Home cooks know that when you bake with love and Imperial Sugar, that’s when memories are made.
For more information on Imperial Sugar or the history of Sugar Land, please visit The Old Sugar Land Clubhouse blog, "A blog for old timers, plus their friends and family, who are linked by memories of Sugar Land and its schools, or have an avid interest in the history of Sugar Land."
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Kalaiarasan hopes Airaa can take him back to his Madras days!
Kalaiarasan will be next seen in Airaa.
Siddarthsrinivas March 21 2019, 8.05 pm
After making a spark in Karthi’s topical drama Madras, Kalaiarasan went on to do a long list of films, with many failing to garner attention. A lot of his films flopped at the box office, making the audiences bring down the respect that they initially had for him. However, the actor’s role in the upcoming horror thriller Airaa is expected to be something special in his career, being a character that he hasn’t tried out yet.
Meeting the press and the media on Wednesday evening, Kalaiarasan spoke about how special Airaa was to him, comparing it to Madras. “On a daily basis, people ask why I still haven’t done a film like Madras. That film set a very high standard for me, and I’m constantly taking efforts to meet or beat the same. Of course, I’ve done some films for my friends, which haven’t worked out well. I was supposed to work with Sarjun in his debut film Echarikkai itself, but it didn’t happen. One day, he called me up and pitched this role, which I immediately accepted. Apart from the horror angle, Airaa has a strong emotional value which makes it an important film in my career,” said the Kalavu actor.
Director Sarjun, who spoke up next, gave us a dose of what we can expect from the film. “While the first half will travel on a light-hearted mode with a lot of fun and horror elements, the second half will take over the emotional part. KJR have been very supportive throughout, they gave me everything that I asked for during the production of the film. Airaa will definitely be a good experience for one and all,” said the director, who first made a splash with his two short films in Lakshmi and Maa.
Airaa hits the screens worldwide on the 28th of March. The film stars Nayanthara in a dual role for the first time in her career, and is expected to be a horror thriller that will please fans of the genre.
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Steve Jobs Used this Insanely Simple Strategy to Get What He Wanted (and You Can Too)
Icons & Innovators
Overcome your fear of rejection and failure with this three-letter word.
By Glenn LeibowitzContributor, Inc.com@GlennLeibowitz
Steve Jobs.
This article also appeared on LinkedIn.
There's a video clip on YouTube of Steve Jobs telling the story of when he was 12 years old and he was looking for spare parts so he could build an electronic device known as a frequency counter.
He tells how he opened the Palo Alto, California, phone book and located the number for Bill Hewlett, the founder of Hewlett-Packard, the company that made the parts he was seeking.
After introducing himself, Steve quickly got to the point: "'I want to build a frequency counter, and I was wondering if you had any spare parts I could have ... ' Bill not only gave me the parts I needed, he gave me a job that summer in Hewlett-Packard working on the assembly line putting nuts and bolts together on frequency counters. He got me a job in the place that built them. And I was in heaven."
There have been many instances in my life where I've struggled to muster the courage to ask for something I wanted, fearing that my request would be refused, or that I would embarrass myself for even asking. Yet, in many of those instances, because I asked, the outcome turned out to be very positive.
Like the time when, at the pub where my grad school buddies and I hung out on the weekends, I asked the pretty friend of my classmate's friend if she would dance with me (she said yes, and we're still dancing -- occasionally, at least -- today).
Or when I asked my business school classmate for the name of the hotel where a consulting firm was holding a recruiting event -- and then showed up uninvited, and boldly sat myself down next to the partner who would eventually hire me (after putting me through eight grueling interviews -- with case studies).
And I can't forget the time I coughed up the courage to finally ask for my first promotion and significant raise after four years of waiting and hoping that the promotion -- any promotion -- would be offered to me.
I can also trace some of my biggest failures and disappointments to not speaking up and asking for what I wanted. And today, I still hold back from asking for what I want. I still lose out on opportunities.
There's an art to asking for something you want, and at the right moment. Figuring out what someone needs and offering something of value to the person can be an effective strategy for getting the yes that you're looking for.
But I've also learned that many people are willing to give of their time, their ideas, or even their money with no expectation of getting anything in return. In fact, I've found that many people derive personal satisfaction from being helpful to others. Maybe it's a value they learned from their parents. Maybe it's built into their religious beliefs. Maybe it's just who they are.
"I've never found anyone who said no or hung up the phone when I called," says Steve. "I just asked. And when people ask me, I try to be responsive to pay that debt of gratitude back."
So think about what it is that you really want. Go ahead and put in the time and energy to learn new skills, acquire new knowledge, and experience new things. Invest in building the relationships you will need to call upon when you're ready. And then, when you feel the time is right, be sure to do the one thing that will help you get what you want: Ask.
"Most people never pick up the phone and call; most people never ask. And that's what separates sometimes the people that do things from the people that just dream about them," says Steve.
"You've gotta act, and you've gotta be willing to fail, and you've gotta be willing to crash and burn, with people on the phone, with starting a company, or whatever," he says.
"If you're afraid of failing, you won't get very far."
Published on: Jan 12, 2017
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Umar Akmal Doesn’t Concentrate on His Fitness, Says Waqar Younis
Former Pakistan head coach Waqar Younis has said that he feels "pity and sad" for Umar Akmal.
Updated: August 25, 2017 1:39 PM IST
By ANI Feeds Email
File picture of Waqar Younis.
Karachi: Former Pakistan head coach Waqar Younis has said that he feels “pity and sad” for Umar Akmal as despite having abundance of talent, the middle-order batsman does not concentrate on his fitness and perform consistently.
“I sometimes feel pity for Umar and feel sad for him because he has abundance of talent, but he does not concentrate on his fitness and also does not perform consistently and that has affected his career,” Waqar was quoted as saying by the Dawn.
Akmal has accused head coach Mickey Arthur of abusing him and barring him from practicing at the National Cricket Academy (NCA).
In his allegations against the Pakistan head coach, Akmal maintained that he was dropped from the team for the Champions Trophy after unjustified warning and wasn’t allowed to take the fitness test.
However, Waqar has advised the Pakistan Cricket Board (PCB) not to form any inquiry committee but give the middle-order batsman a rehab program to play domestic cricket and train for six months to a year and then comeback to top level cricket with full fitness and form.
“The current issue between Umar and Arthur should be sorted out with mutual understanding, and there is no need for any inquiry,” he said.
The legendary fast bowler further said that he did not believe that Arthur had abused Umar intentionally.
“Every coach could be a bit harsh with the players but only for their own benefit,” he said.
“Umar’s father has also admonished his son at times, so this is not a big matter. It also seems that frustration has caught up with Umar because he is not getting chances to play international cricket,” he added.
The PCB has refuted to the allegations made by Akmal with regards to his omission from the ICC Champions Trophy squad, saying that the middle-order batsman is making a bogus attempt to deviate attention from his own failures.
Issuing a statement last Friday, the PCB said, “While making frivolous allegations against the national team management, Umar has made a bogus attempt to deviate attention from his own failings. Umar was given as many as seven chances to improve his fitness and match the standards of his teammates, laid out by the team management.”
Meanwhile, the cricket board awaits Akmal’s response to the show cause issued to him and hopes that in the meantime, the “batsman will refrain from making baseless allegations”.
Earlier, Arthur had brushed aside all allegations levelled against him by Akmal by saying, “He wanted to use Grant Flower’s services for batting. I told him he must earn the right to use the support staff and should first play club cricket. Nobody here should be taken for granted.”
Akmal is known for creating controversies throughout his playing career, either relating to discipline or fitness. He has been involved in regular spats with team members, the most recent one with Junaid Khan. The player has also been dropped from the team often because of these concerns. (ANI)
This is published unedited from the ANI feed.
Published Date: August 25, 2017 12:52 PM IST
Updated Date: August 25, 2017 1:39 PM IST
International Criminal CourtPakistanPCBUmar AkmalWaqar Younis
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Found in translation: Original works in Indian languages beginning to break free from prejudice
With publishers devoting bigger budgets and authors famous for their own works turning their hand to translation, works originally written in Indian languages are beginning to break the stranglehold of so-called 'Indian writing in English'.
Moeena Halim
Writer Namita Gokhale hates the term vernacular, a condescending relic of colonialism that doesn't do justice to India's rich literary heritage. Fortunately, "that prejudice towards Indian languages is now gone", says the co-founder and director of next week's Jaipur Literature Festival (JLF).
Last year, Srinath Perur's English translation of Vivek Shanbhag's Kannada novella Ghachar Ghochar (Penguin) made it to The Guardian's list of Best Books of the Year and The New York Times Critics' Top Books of 2017. Tamil writer Perumal Murugan's Songs of a Coward: Poems of Exile also won global accolades. "While the European market was always open to translations, with a frequent exchange between France, Germany and India, the English market was generally resistant," says Gokhale. "Now that is also changing."
It's been a long time coming, and many people helped make it happen. Arshia Sattar set up the Sangam residency in 2007. Aditi Maheshwari of Vani Prakashan has worked doggedly to promote Hindi literature. Mini Krishnan, editor of Oxford University Press, has pushed Indian language fiction in translation. And Mita Kapur, founder and CEO of the literary agency Siyahi, organised a seminar, 'Translating Bharat', in January 2008 to bring together local and international translators and publishers. Translations were already billed as the industry's "next big thing". But it's taken a decade for the results to begin to show. "The industry has notched up its act in this area, not only in the quality of translations but also numbers," says Kapur. "You see many more authors being translated into various languages. Many more Indian language translations are being sold on book shelves. It's a good time and we have to keep the pace going."
Gokhale says JLF has also played a significant role. Though its big name international guests garner most of the attention, the 10-year-old festival has always focused on showcasing Indian writing, both in English as well as in Indian languages, she claims. Five years ago, for instance, the Jaipur BookMark was launched at JLF to facilitate the sale and exchange of rights, both between Indian languages and internationally. "I knew that a literary movement in India would happen only if the distances between the languages were breached," says Gokhale.
HarperCollins India's imprint Perennial, dedicated exclusively to translations, is celebrating its 10th anniversary too. With more than 100 titles under their belt, they've handpicked 10 of their favourite Perennial books to be published as keepsake editions this year. Amazon-owned Westland plans to go a step further. Each of its English books will be translated into eight or nine Indian languages this year, and the publisher has tied up with Hind Yugm for its first original Hindi title in 2018.
Such efforts have brought new and better translators into the fray, including successful writers like Jerry Pinto, who are well known for their own works. Pinto, who has translated three Marathi books since 2013, traces the new interest to the "new-found confidence in India as a potential world player"-which has made the country's literary heritage a point of pride. But Rahul Soni, author, translator and editor at HarperCollins, isn't sure readership has increased alongside the greater attention. "Translations have become, over the past few years, one of the things that people talk about and deem important," he says. "Has the readership grown? Not too significantly, I would think, but slowly and steadily."
One reason for that is publishers still don't devote the same resources toward marketing translations that they do to works originally written in English, says Shanta Gokhale, known for her translations of Marathi plays. "Publishers only send review copies to newspapers and news websites. If any marketing is to be done, the writers/ translators do it, generally via social media, for which no monetary investment is required."
The claims for JLF notwithstanding, the high-profile literature festivals cater primarily to authors who write in English, she says. "Not much discussion can happen about Indian language literature at these festivals because neither the organisers nor audiences would have read the literature in the original." Even Mumbai's Gateway Litfest, which is dedicated to literature in Indian languages, only invites writers who can speak in English, while the Kala Ghoda Arts Festival's events for Marathi and Gujarati literature invariably attract an audience so small it is "very disheartening for participants", she adds.
This year, the Rajasthan Pragatisheel Lekhak Sangh will hold the Parallel Literature Festival across town from JLF, highlighting the literary works of writers in Hindi and other Indian languages over 24 sessions, from January 27 to 29. But it remains to be seen whether any of the JLF literati will deign to turn up, or when, if ever, an Indian translation commands the kind of readership drawn to Japan's Haruki Murakami or South Korea's Han Kang.
"One can hope," says Soni. "And I think focusing on the quality of translation is the place to begin."
Jaipur Litfest
The Jaipur Literature Festival, or 'Litfest', as it's affectionately known, isn't just for readers of English and Hindi. This year's event represents fifteen Indian languages and twenty international ones. And with music, food and more than a few parties, you don't have to know Paul Theroux from Paolo Coelho to have a good time.
The mammoth list of 60 speakers ranges from tabla maestro Ustad Zakir Hussain, and writer Pico Iyer to Tibetan Master Milarepa and poet Rupi Kaur, and writer Manoranjan Bapari who was inspired to write by Mahasweta Devi. Namita Gokhale says, "In an age when ideas are exchanged not only through text, JLF lures even the non-reader with the charm of personal face to face human interaction with great writers, thinkers, and performers."
Admission is free but finding a seat can be hard and getting out without buying anything even harder. Still, it's always worth the scrum.
--Farah Yameen
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Mendoza the Jew (Paperback)
Boxing, Manliness, and Nationalism, a Graphic History
By Ronald Schechter, Liz Clarke (Illustrator)
Oxford University Press, USA, 9780199334094, 240pp.
Inspired by the resounding success of Abina and the Important Men (OUP, 2011), Mendoza the Jew combines a graphic history with primary documentation and contextual information to explore issues of nationalism, identity, culture, and historical methodology through the life story of Daniel Mendoza. Mendoza was a poor Sephardic Jew from East London who became the boxing champion of Britain in 1789. As a Jew with limited means and a foreign-sounding name, Mendoza was an unlikely symbol of what many Britons considered to be their very own "national" sport. Whereas their adversaries across the Channel reputedly settled private quarrels by dueling with swords or pistols--leaving widows and orphans in their wake--the British (according to supporters of boxing) tended to settle their disputes with their fists.
Mendoza the Jew provides an exciting and lively alternative to conventional lessons on nationalism. Rather than studying learned treatises and political speeches, students can read a graphic history about an eighteenth-century British boxer that demonstrates how ideas and emotions regarding the "nation" permeated the practices of everyday life. Mendoza's story reveals the ambivalent attitudes of British society toward its minorities, who were allowed (sometimes grudgingly) to participate in national life by braving pain and injury in athletic contests, but whose social mobility was limited and precarious.
Ronald Schechter is Associate Professor of History at the College of William and Mary. His book Obstinate Hebrews: Representations of Jews in France, 1715-1815 (2003) won awards from the American Historical Association and the Society for French Historical Studies. Schechter is also the editor of The French Revolution: The Essential Readings (2001) and the translator/editor of Nathan the Wise by Gotthold Ephraim Lessing with Related Documents (2004). Liz Clarke is a professional artist and illustrator based in Cape Town, South Africa.
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Three Innovative Ways Alibaba is Shaping the Future of Retail
By Tricia McKinnon
Alibaba is a Chinese eCommerce giant generating more transactions than Amazon and eBay combined. Alibaba holds the record for the largest initial public offering (IPO) in US history, raising $21.8 B in its 2014 IPO. It has three main eCommerce sites: taoboa.com, tmall.com and alibaba.com. Taoboa.com, similar to eBay, is a marketplace that connects individual buyers and sellers. Tmall.com connects retailers and consumers and features brands such as Apple, Gap and Nike. Alibaba.com is a B2B platform that connects exporters with companies around the world.
Despite the growth of eCommerce in China it only represents 15% of retail sales and Alibaba has an 11% share of the retail market in China. In order to capitalize on the 85% of sales that do not take place online Alibaba made a move into physical retail in 2015. Alibaba’s futuristic Hema supermarkets, use of augmented reality and modernization of China’s mom-and-pop convenience stores provide insight into how it is using digital to transform retail.
Hema supermarkets - a look into the store of the future
Alibaba launched its first Hema supermarket in 2015 as part of its “New Retail” strategy. New Retail according to Alibaba’s Founder and Executive Chairman Jack Ma is “the integration of online, offline, logistics and data across a single value chain.” It is an initiative aimed at connecting online and offline retail and digitizing stores in order to provide a better customer experience.
In Hema supermarkets customers shop using the Hema app on their phones. They can scan a product’s QR code and get product information and recommendations for complimentary items. Products also have digital price tags that are updated in real time. When customers are finished shopping they pay using Hema's mobile app which is linked to Alipay. Alipay, founded by Alibaba, is an online payment app that has more than 500 million users. It is the world’s largest online payment platform with more users than PayPal. Customers use Alipay to shop online, offline and even pay their bills. The Hema app also remembers shopper buying behavior and leverages machine learning to make personalized product recommendations for customers. The stores serve as fulfillment centres and customers can have groceries delivered in 30 minutes, if the delivery address is within three kilometers of a Hema store.
According to Alibaba Hema’s online orders account for more than 50% of total orders. Sales per sq. foot in its Hema stores are three to five times higher than in traditional supermarkets. Alibaba currently has five Hema supermarkets with plans to have 35 Hema stores by the end of 2018.
Augmented reality – creating a better customer experience through digital
Singles Day is the world’s largest shopping event. It’s Asia’s version of Black Friday and Cyber Monday but with larger sales than those two days combined. The event has turned into a shopping phenomenon with Alibaba promoting discounts on its eCommerce platform during a slow sales period before the Lunar New Year. For its big Singles Day sale in both 2016 and 2017 Alibaba introduced an augmented reality game similar to Pokemon Go called Catch the Cat.
Shoppers playing the game try to “catch” a virtual cat located in thousands of retail stores across China. Players receive discount coupons and prizes when they find the Tmall black cat mascot using Alibaba’s mobile app. The game successfully drove traffic into retailers including Starbucks and KFC where the virtual cats were located.
As part of the Singles Day shopping event, Alibaba also set up 60 pop-up stores in over 50 malls across China. One of the features of the pop up stores was a “magic mirror”, a screen that uses augmented reality technology so that shoppers can “try on” cosmetics and apparel virtually. L’Oreal, one of over 100 brands that participated in the pop-ups, allowed shoppers to “try on” lipstick using the technology. Shoppers sampled different shades of lipstick and blush and if they were happy with their virtual look they scanned the products’ QR code on the screen and ordered the product from L’Oreal’s store located on Alibaba’s online site. Items were then paid for using Alipay and delivered to the customer’s home
Convenience stores - better performance through modern data and analytics
In August 2016, Alibaba launched a retail management system targeted at mom-and-pop convenience stores called Ling Shou Tong. Ling Shou Tong means “retail integrated” and it is an attempt to leverage digital technologies to provide merchandising and inventory management assistance to convenience stores.
Nearly 600,000 mom-and-pop stores which is approximately 10% of the market in China use the platform. A store owner can use the app associated with the platform to refill their stock. Then the inventory is shipped from Alibaba’s warehouses eliminating the need for middlemen which should be more cost effective. The platform gives retailers access to analytics including recommendations on what items the retailer should buy based on what is popular. The app also helps retailers refine their merchandising and in-store promotions.
In exchange for free use of the platform Alibaba is able to use the retailer’s stores for fulfillment and delivery. Alibaba also receives data from the mom-and-pop retailers on customer shopping patterns. This and Alibaba's other retail initiatives enable Alibaba to extend its reach into offline retail where the majority of retail sales take place in China and take a leadership role in the modernization of retail.
http://www.finra.org/investors/5-biggest-us-ipos-all-time
https://www.cnbc.com/2017/07/18/alibaba-hema-stores-blend-online-and-offline-retail.html
http://fortune.com/2017/06/26/china-alibaba-jack-ma-retail-ecommerce-e-commerce-new/
http://www.cbc.ca/news/business/alibaba-canada-1.4305325
http://www.businessinsider.com/alibaba-might-be-paving-the-way-for-amazon-whole-foods-2017-7
https://www.bloomberg.com/news/articles/2017-08-17/jack-ma-is-ahead-of-jeff-bezos-in-grocery-store-ambitions
http://www.alizila.com/hema-supermarket-offers-shoppers-new-retail-experience/
http://www.alizila.com/hema-to-open-30-new-stores-in-beijing/
https://www.reuters.com/article/us-alibaba-singlesday-breakingviews/breakingviews-singles-day-is-shop-window-for-alibabas-new-toys-idUSKBN1DA0EL
https://www.forbes.com/sites/laurencoleman/2017/10/31/inside-the-wild-tech-plans-of-alibaba-to-dominate-11-11/#482c2ab42dc9
http://www.alibabagroup.com/en/news/press_pdf/p171019.pdf
https://www.businesswire.com/news/home/20171019005594/en/Alibaba-Group-Launches-2017-11.11-Global-Shopping
https://digiday.com/marketing/alibaba-tests-60-intelligent-pop-stores-first-time-around-singles-day/
http://www.alizila.com/loreal-glams-new-retail-attract-customers-11-11/
http://www.alizila.com/alibaba-gives-dose-new-retail-china-convenience-stores/
https://www.bloomberg.com/news/articles/2017-11-08/alibaba-prepares-a-grand-retail-experiment-for-singles-day
http://www.businessinsider.com/alibaba-partners-with-convenience-stores-2018-1
Tricia McKinnon January 30, 2018 eCommerce, Customer Experience
Five Easy Tips for Getting More LinkedIn Profile Views
Tricia McKinnon February 12, 2018
Why Online Retailers Like Warby Parker Are Opening Stores
Tricia McKinnon January 23, 2018 eCommerce, Trends
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Winner Hunter-Reay, points leader Montoya somber, not celebratory after race
LONG POND, Pa. -- Juan Pablo Montoya expanded his lead in the IndyCar championship battle Sunday, but his tone afterward was anything but celebratory. He wasn’t alone.
Winner Hunter-Reay, points leader Montoya somber, not celebratory after race LONG POND, Pa. -- Juan Pablo Montoya expanded his lead in the IndyCar championship battle Sunday, but his tone afterward was anything but celebratory. He wasn’t alone. Check out this story on IndyStar.com: http://indy.st/1JeKBSK
Jeff Olson, USA TODAY Sports Published 8:43 p.m. ET Aug. 23, 2015 | Updated 11:33 p.m. ET Aug. 23, 2015
Juan Pablo Montoya, of Colombia, stands on pit road during qualifying for Sunday's Pocono IndyCar 500 auto race, Saturday, Aug. 22, 2015, in Long Pond, Pa.(Photo: Derik Hamilton, AP)
LONG POND, Pa. -- Juan Pablo Montoya expanded his lead in the IndyCar championship battle Sunday, but his tone afterward was anything but celebratory.
He wasn’t alone. As crews loaded transporters with equipment and prepared to leave Pocono Raceway at dusk Sunday evening, Montoya sat outside his motorhome in the driver’s seat of a rental car and talked quietly about Justin Wilson.
“It’s one of our guys,” Montoya told USA TODAY Sports. “We’re all family here. We might not like each other all of the time, but we’re family. We understand the risk, and we’re hoping that it’s not too bad.”
Hours earlier, Wilson had been transported by helicopter to a hospital in Allentown, Pa., with a head injury. Details about his injury and condition weren’t immediately available, but the mood in the infield after the race was somber.
“It’s tough,” Montoya said. “You can’t control things, can you? I don’t know. When things are meant to happen, they’re going to happen. It’s a reality of the sport. Motorsport is dangerous.”
Race winner Ryan Hunter-Reay, who didn’t know that his teammate had been airlifted from the track until crossing the finish line, declined to celebrate after the race.
“My first thoughts are with Justin, for sure,” Hunter-Reay said. “He’s a friend, a teammate, and it’s a bit hard not knowing anything.”
Hunter-Reay wins at Pocono following Wilson accident
Wilson appeared to have been struck on the helmet by a piece of debris from a car driven by Sage Karam, who was leading the race when he spun and hit the wall on Lap 179. Karam also was taken to Lehigh Valley Health Network Cedar Crest in Allentown for evaluation of an injury to his right foot.
Josef Newgarden, who finished second, said he didn’t think the race was too dangerous.
“It looked pretty normal to me,” Newgarden said. “I wasn’t in half of the race at Fontana (in June), and it was gnarly-looking. You were holding on to the edge of your seat every time they went to a restart. I’m sure that’s what it looked like here, too, but inside the car it felt like normal IndyCar racing.”
IndyCar driver Justin Wilson
IndyCar driver Justin Wilson USA TODAY Sports
IndyCar driver Justin Wilson greets fans. USA TODAY Sports
IndyCar driver Justin Wilson (left) waves to the crowd during the Indy 500 Festival Parade in Downtown Indianapolis, Saturday, May 23, 2015. Jenna Watson/The Star
IndyCar driver Justin Wilson (right) USA TODAY Sports
Andretti Autosport driver Justin Wilson describes his quick lap at the end of the morning test session at the Indianapolis Motor Speedway on May 3, 2015. Bob Goshert / For the Star
Justin Wilson (25) of Andretti Autosport prepares to put his helmet on during qualifying at the Indianapolis Motor Speedway. Saturday, May 16, 2015 Jessica Hoffman/For the Star, For the Star
Andretti Autosport, Driver Justin Wilson, waiting out the rain delay during the second practice, Saturday, May 16, 2015. TEST Kerry Keating /For The Star
Justin Wilson's crew works on his car in the pit area during Indycar practice at the Indianapolis Motor Speedway on May 18, 2015. Bob Goshert / or the Star
Justin Wilson (25) of Andretti Autosport looks down the pit road following his qualification attempt for the 99th Indianapolis 500 Sunday, May 17, 2015, morning at the Indianapolis Motor Speedway. Matt Kryger / The Star
Indianapolis 500 driver Justin Wilson (left), who drives for Andretti Autosport, joined other IndyCar drivers, including Josef Newgarden (center) and pole sitter Scott Dixon (far right) at the Fitness Farm in Indianapolis on Wednesday, May 20, 2015, where they met and mingled with some of the more than 8,000 IPS students taking part in the annual Field Day. Charlie Nye / The Star
Indy 500 driver Justin Wilson, who drives for Andretti Autosport, gets his photo taken with some of the more than 8,000 IPS students taking part in the annual Field Day, held at the Fitness Farm in Indianapolis on Wednesday, May 20 2015. Charlie Nye / The Star
Montoya was running among the top 10 when Karam spun and slammed into the wall in Turn 1. Montoya said his immediate thought was to avoid the wreckage.
“In my mind, when he spun I was like, ‘Please don’t come in front of me,’” Montoya said. “I knew it was going to be massive. That’s the only thing that crosses your mind.”
Reaction to horrific Justin Wilson injury at Pocono
Montoya’s third-place finish extended his lead in the Verizon IndyCar Series championship, which has just one race remaining. Montoya came into the race nine points ahead of Graham Rahal, but Rahal crashed on Lap 93 and finished 20th, dropping 34 points behind Montoya as the series heads to the season finale Aug. 30 at Sonoma Raceway.
As he tried to rebook a flight he’d missed because of the length of the race, which had 12 cautions and lasted nearly 3-½ hours, Montoya was solemn. He recalled an incident at Indianapolis in May in which driver James Hinchcliffe survived a massive loss of blood due to quick actions by safety workers.
“This year we had the incident with Hinch, and we’re glad he’s OK,” Montoya said. “He can’t wait to get back in the car. This is a tough break, but it’s hard to saying anything because nobody knows.”
Tony Stewart donated plane to Justin Wilson's family after accident
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Gunman opens fire at outdoor concert, kills 2
<p>This image made from TV shows police attending the scene of a shooting near Nenzing, Austria, Sunday May 22, 2016. A gunman fired shots early Sunday into a small crowd attending an open air concert organized by a local motorcycle club, killing two people and wounding others before shooting himself to death, police said. (Laendle.TV via AP) AUSTRIA OUT</p>
VIENNA (AP) — A gunman fired shots early Sunday into a small crowd attending an open air concert organized by a local motorcycle club, killing two people and wounding 11 others before shooting himself to death, police said.
Witnesses said panic broke out as the first shots rang out, with many in the crowd running into nearby woods or onto a freeway close to the venue in Austria's westernmost Vorarlberg province, according to Florian Kasseroler, mayor of the town Nenzing.
He said the gunman apparently fired from a Kalashnikov assault rifle and cited one witness as estimating that a burst of up to 40 shots was fired.
Police declined to comment on the type of weapon used beyond describing it as a long gun.
They said the overnight shooting was preceded by a loud argument between the 27-year-old gunman and a woman in a nearby parking lot.
"This argument must have escalated," said police spokeswoman Susanne Dilp. "The man then grabbed a gun from his car, went to the concert venue and started shooting around wildly."
The man killed himself after returning to the parking lot, said police.
The concert had been organized in a field by "The Lords" motorcycle club and was attended by about 150 people.
The woman, described as the gunman's partner, was not wounded in the shooting near Nenzing, about 40 kilometers (24 miles) east of Austria's border to Liechtenstein.
Police said one of the victims was in critical condition, while eight others remained hospitalized by Sunday afternoon, more than 10 hours after the shooting.
Associated Press 2016
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Home > News > News articles > KLIC catches on
KLIC catches on
With more than 60,000 hits since its launch earlier this year, the University intranet, KLIC, is now loaded with information for students too. Following a major promotional push, up to 2,000 staff and students are logging on to KLIC – short for Kingston’s Live Interactive Campus – every day. Editor Deirdre Hope is keen to encourage even more students to make the most of the University’s latest communications tool. “KLIC is packed with information to support them through their time at Kingston – from term dates and timetables to pointers about where to find the nearest cinema,” she said.
Developed by Kingston’s Marketing and ICT Services teams, the intranet has quickly revolutionised the way staff and students find out about what is going on around the University and in the local area. By the end of the year, users should even be able to log on to the site from terminals anywhere in the world. “Making KLIC a resource that can be accessed around the clock should really improve the Kingston experience,” Deirdre said.
Weda Hazara is a firm fan after becoming one of the first students to log on. “I was really impressed to find so much useful information at my fingertips and I’m sure I will use KLIC time and time again,” she said.
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Going Wide with The Warrior and the Holy Man
For the last six months, I've been doing an experiment with having some books exclusive on Amazon, in the Select program for indie authors. The perks of going exclusively with Amazon are that you can have your choice between running a "Countdown" sale or free giveaway days on your book, and also your book is put into the Kindle Unlimited subscription program. The idea behind these is getting more exposure for your work.
I found the results of the experiment, for me, underwhelming. I did have some successful free giveaways, getting copies of those two books into several hundred readers' hands. But the long-term benefits are uncertain, and the days when a free giveaway on Amazon would give a long-lasting rankings and visibility boost seem to be long gone. As for Kindle Unlimited, some authors have seen their incomes soar with the program, others have seen drastic drops. The deal with Kindle Unlimited, as far as how authors get paid, is that an equal share is paid out of a monthly pool of money for each borrow, with a short story that would normally cost 99 cents to buy and a 500,000 word epic priced at $9.99 getting the same amount. When I put those two books into Kindle Unlimited, the share was around $2 per borrow. Which wasn't a whole lot less than I would get on a sale of those books, priced at $2.99 and $3.99. However, within a few months, the per-borrow share dropped drastically, to under $1.40. This meant that on borrows of my $3.99 book, I was making about half of what I would make on a sale. That's a pretty big reduction, unless you're getting tons of borrows (and exposure), which this book wasn't. So I came to the decision that the benefits of being in Kindle Unlimited (and the corresponding drop in payment) weren't worth giving up the wider exposure of being on other sales platforms.
The upshot of all this is that The Warrior and the Holy Man, which came out of Select a few days ago, is now available at iTunes, Kobo, Smashwords, DriveThruFiction, and OmniLit, and it'll be coming soon to Barnes & Noble (it's been submitted; just waiting for the people there to do whatever it is they do to make it go live). Beneath the Canyons finishes its 90-day term in Select early next week, and will be going wide as well. The release of Bad Hunting has been delayed because I lost about a month of work time between the run-up to Thanksgiving and the start of the new year, but it works out because it should be coming out a couple weeks after Beneath the Canyons goes wide and will be available on all my current sales channels, hopefully giving both books a nice visibility boost.
I'm also looking into adding some new channels, including Google Play (tricky because they do a lot of discounting, which Amazon then price-matches, even to the point of making a book free when you don't want it to be free), and setting up direct sales from my site. Also tricky because of the wild and wacky world of sales taxes and VAT, but there are some shopping cart sites I'm looking into that handle the tax stuff. Right now, getting Bad Hunting ready for release and getting back on track on my writing schedule is the first priority, but I hope to be able to get these expanded sales channels set up before too long.
Update: The Warrior and the Holy Man is now available on Barnes & Noble. The cover image, however, is not. Hopefully they'll fix that soon; B&N tends to be kind of laggy with updates.
Updated Update: The awesome cover of The Warrior and the Holy Man is now showing on B&N. Yay!
Author Spotlight: J.R. Boles
I’m a mom, writer, and attorney. I spend every free second reading or writing. My three-year-old daughter knows our local librarians by name. We spend a fair amount of time reading in our house, and I wouldn’t have it any other way.
I grew up reading Mercedes Lackey and J.R.R. Tolkein, dreaming away in the infinite worlds that were opened up to me in books.
I started writing in high school because I just couldn’t help it. I would get bored, and because I have no artistic ability instead of doodles I would write out little character bios. I earned a creative writing degree from the University of Missouri-Kansas City, and it was there that I started writing in earnest.
Fantasy, paranormal, and dystopian novels tend to be the projects that really ignite my imagination. I love the world building and character development that goes with them. The day dreaming that begins the writing process is my favorite part.
Currently, I’m working on the sequel to Bringer of Light. I wrote the first half as part of NaNoWriMo last year, and I’m close to having a complete first draft. I also have a dystopian novel that I wrote for NaNoWriMo in 2013 with a Choctaw main character that I can’t wait to finish later this year. I’ve also got an urban fantasy novel that I’m excited to write with my writing partner, Sara Kincaid, based in Kansas City.
The world in Bringer of Light is one on the brink of all out war. The dark mage Mercer is descended from a race that once dominated the world, and he is bent on reclaiming what he views as his birthright. The kingdom of Arten borders Mercer’s territory and has spent generations beating back his advancing forces. In Arten, they view magic itself as the enemy to ensure that all magic users are reported and either executed or banished. It would be too dangerous for them to have one of Mercer’s recruits able to climb too high in their army. In other nations, Mercer’s attacks are far more insidious, but more on that later (spoilers).
The two characters with main point of view are Lynden Trenadin and Jonathen Oren. Lynden is a Queen’s Champion, an elite warrior chosen to fight beside the queen in Arten. She is the catalyst character for the whole series. I dreamed her up first and everything else evolved from there. She values friendship and honesty, and the important moments for her are those spent around a campfire drinking tea and swapping stories. She’s driven, but she would never leave a friend behind. I love that she thinks of her friends as family and would stand by them unconditionally.
Jonathen Oren is a captain in the queen’s army. He is Lynden’s oldest friend. They spent their childhood learning to be warriors like their fathers as they ran around the campfires of various campaigns. He’s always thinking about the greater good. Jonathen is the guy everyone turns to in a moment of crisis. He will always have your back.
I wrote a big portion of Bringer of Light when I was in class during law school. It looked like I was diligently taking notes on Contract Law when really I’d just reached a part of the story that I couldn’t stop. Thank goodness I didn’t get called on during those moments.
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Bringer of Light:
For generations, the kingdom of Arten has stood alone against the ancient dark mage Mercer, a man no longer bound by time. But when King Wern is kidnapped, Queen Arin will risk everything to get him back.
Lynden Trenadin is chosen to join the ranks of the elite Queen's Champions both for her prowess as a warrior and her remarkable resemblance to the queen. She has spent her life battling at Arten's borders, but now she must defend the queen with her life as they journey to their enemy's castle. When the tide of battle goes against them, Lynden unleashes a magical power she didn't know she possessed. Even though she saved hundreds of warriors, Lynden is forced to flee in shame for her use of forbidden magic.
Now on the run, Lynden must raise a rebellion to free her country from the tyranny of the enemy she thought she'd destroyed. A band of loyalists and an enclave of ancient mages aid her in her efforts, but with a dark mage bent on her destruction, Lynden must discover a way to harness her new magic before it is too late.
J.R. Boles is a fantasy and fiction writer currently hanging her hat in the Heartland with her husband where they spend their free time chasing after their fearless daughter. She is a graduate of the University of Missouri-Kansas City with a degree in English and American University Washington College of Law.
Scenes from Daughter of the Wildings
The physical world of Daughter of the Wildings was inspired by the landscapes of the western U.S., where I was born and raised and still live. From the surroundings I grew up in and live in, to scenes viewed from the car on family road trips, it's all familiar to me. I do my best to paint these landscapes in words in my books, but sometimes you can't show everything with words. There's a reason for the saying, A picture is worth a thousand words. So for those of you who aren't as familiar with these scenes, or if you are and still want a visualization, here is a collection of photos of landscapes and scenery that helped inspire Daughter of the Wildings. (Most of the photos are by my husband or myself; the old west town photos come from freeimages.com; photographers are credited on the images.)
1. Bitterbush Valley - Beneath the Canyons opens with Silas Vendine riding down into the Bitterbush Valley, a high grassland valley situated between hills in the east and mountains in the west. This view was inspired by the Verde Valley and Sunset Point, between Phoenix and Flagstaff, Arizona.
2. Canyons of the Great Sky Mountains - A large part of Beneath the Canyons involves Silas pursuing the nefarious Carden and his band of miners through the canyons running down from the Great Sky Mountains. A lot of people, when they think of canyons, probably think of the Grand Canyon, an enormous rift in the ground. But the kind of canyon I'm writing about here runs between mountain ridges, basically a long, steep valley that starts higher up in the mountains and opens out into the valley at the foot of the mountains. The Great Sky Mountains were inspired by the Santa Catalina range north of Tucson. If you load the map on this National Forest page, you can see these ravines, carved by streams and creeks, coming down from the mountains, flowing together into larger streams, and also the network of washes on the valley floor. My husband enjoys hiking in the Catalinas, so I'll turn the next gallery over to him:
Down in the bottoms of these canyons, it's steeper and narrower than it looks from up high; take a look at this video of a flash flood in Bear Canyon to get an idea of what it's like when a lot of water is flowing.
3. The Bads - Book 2, Bad Hunting, takes us to the Bads, the lowest, hottest, driest part of the Wildings. This was inspired by the low Sonoran desert that I see out the car window every time we make the drive between Tucson and Phoenix on I-10. Not the most attractive desert scenery, but it has its own challenges and stark beauty. The hills in the distance in this photo are a model for the hills in the Bads where Silas and Lainie are hunting for a killer.
Desert south of Phoenix, along I-10. Photo: K. Halland, 2015. Creative Commons: Attribution, non-commercial.
4. Washes - Bad Hunting also involves a hunt through a large network of washes, or creek beds, in the desert. These are usually dry, but can flood quickly when there's a large amount of rain. If you look at this watershed map of the Tucson area, you can see how extensive and complex these systems can be. On my street, there are two washes; one is fairly small and shallow at this point (in fact, it begins in my backyard!) but the other one is far enough advanced that it has a lot of vegetation growing along it and can flood pretty well when it's been raining a lot. The other day, I took my camera with me on my walk and took some pictures. You can see how hard it would be to be climbing in and out of these washes all day and trying to hunt someone through them, with all the thick (and thorny) vegetation!
5. Bentwood Valley, BC Crown Ranch - In Book 3, The Rancher's Daughter, we go north to the beautiful Bentwood Valley, in high country between pine-covered mountains. This area was inspired by some of the ranches you pass on I-17 just south of Flagstaff. (Of course, the BC Crown Ranch doesn't have any cars or trucks on it!) Silas and Lainie arrive in this area in early winter, so I feel fortunate that I was able to get some photos with snow remaining from a recent snowfall. (Which is why the color is funky; my camera metered for the snow and, zooming by on the freeway at 75 mph, I didn't have time to adjust the settings!)
6. Finally, here are some pictures to give you an idea of what the buildings in the towns look like. You can see the false fronts and covered wooden sidewalks. There's also a two-story hotel, with a bath house to the side. There's a saloon on the bottom floor, like the Bootjack and the Rusty Widow in Bitterbush Springs, saloons with rooms to rent on the upper floors. The physical setting is also very much like Bitterbush Springs, grassland with the hills behind the town.
Reading A-Z Round-up: A-G
To try to clear out the backlog of books on my Kindle a little, I decided to read one book for each letter from A to Z. So far I've made it through G (I'm currently reading H). Here's what I've read so far, with a few thoughts and links to the books/reviews on Goodreads.
First: please note, again, I am not a book reviewer and this is not a book review blog. I don't accept review requests (with very rare exceptions). I'm just an author who also likes to read, sharing things I've enjoyed reading.
The rules for my own personal challenge: The books have to already be on my Kindle (unless I get to a letter where I only have samples, then I can buy one of those books). If I don't finish reading the book, it doesn't count. Indie authors preferred.
Across A Moonlit Sea, Marsh Canham
Across a Moonlit Sea is old-school, over-the-top, swashbuckling, bodice-ripping (Isabeau goes through at least two or three shirts and Dante loses one or two as well) romance set in the age of gold-laden Spanish ships sailing from the New World and English privateers seeking their fortunes. Attacked by a Spanish fleet and betrayed by his partner, privateer Simon Dante and his crew are stranded at sea when they're rescued by a small merchant ship, captained by the colorful Captain Spence and his daughter Isabeau (Beau), who would rather steer a ship and draw maps than wear a dress. Exciting battles at sea and loads of steamy (but not overly graphic) romance ensue. (My review)
Bailin', Linton Robinson
Bailin' was really funny. How funny, you ask? I was sitting in the dentist chair, reading this on my Kindle while waiting for Lady Pain, er, the hygienist to come in and get to work, and laughing out loud instead of crying like I usually do. (I have very sensitive teeth. Really.)
So, we have Cole Haskins, a smooth-talking modern-day gunslinger who would rather live an easy life of holding up banks and armored cars than get a, you know, JOB, and his lover/getaway driver, former truck stop princess Bunny Beaumont, the brains in the outfit. Then we have the world's most inept drug smugglers, two-man motorcycle gang Flathead and Bogart (there are no brains in this outfit, except that Bogart has kind of an idiot savant genius for cobbling together dangerously fast vehicles that are unsafe at any speed, and Flathead at least has the self-preservation instinct to want to stay off of them). Then there's Alvin Hunstetter, the nervously larcenous city treasurer who makes off with the stadium fund and skips bail. Add in a good, honest bounty hunter (when the most upstanding citizen in the story is a bounty hunter, that kind of gives you an idea of what you're dealing with here), an insanely homicidal ninja bounty hunter, and some crooked city officials, throw them all together in an action-packed chase along the Texas-Mexico border, top off with a slyly humorous narrative voice, and you've got a wildly entertaining read that's impossible to put down. (My review)
Crimson, Warren Fahy
Big, sprawling, whimsical epic fantasy about a young prince, Trevin, who ascends to the throne after being told by his dying father that the color crimson and what he loves most will be his doom. The way Trevin chooses to deal with this prophecy seems to bring on the doom anyway and only the courage of an intrepid group of sailors and the love and devotion of his queen can save him and their world. (My review)
Darkmage, M.L. Spencer
Update 3/17: Some time after I reviewed this book, the author contacted me to very graciously thank me for the review and ask if I would like to beta-read the prequel, Darkstorm. Of course I was delighted to say yes! Darkstorm blew me away and satisfied all the questions and problems I had with the premise of Darkmage. Darkstorm is now available and Darkmage has been re-released, and I was also lucky enough to get to beta-read the third book in the series, Darkland.
Original review: I'm not really sure what to say about Darkmage. Epic fantasy, though very dark, in an interesting magical world, pretty well written. But I had a problem accepting the basic premise, that in a world where all life and civilization is threatened by an all-powerful Enemy, those best able to fight this enemy, the mages, would place themselves under a physically binding vow of non-violence - and what's more, the people threatened by the enemy would expect the mages to abide by this vow and, furthermore, would refuse to lift a finger in their own defense other than sending ragtag bands of convicts up to the front to serve as cannon fodder in holding the enemy off a little longer. The books explores one mage's decision to break that vow and fight.
Even though I had trouble with the premise, I can still say that if you're interested in a philosophical exploration of the question of whether vows of non-violence are worth it, and are up for reading a very long and dark but exciting fantasy, give Darkmage a try.
An Exercise in Futility, Steve Thomas
I enjoyed Steve Thomas's very funny Klondaeg books (reviewed here) and decided to give some of his other works a try. An Exercise in Futility is very different, serious, almost tragic (though not without a note of hope at the end). When the nomadic Gurdur tribes are threatened with conquest by the ruthless Empire to the south, young Ezekiel longs to join in the battle. Instead, his magical gifts dictate he go away for training to fight in a different way. His gift turns out to be for necromancy, which has obvious uses in war. But while any garden-variety necromancer can raise an army of the undead, it takes an extraordinary one to think of using his powers on himself - and on an entire culture. I liked An Exercise in Futility as much as the Klondaeg books, and have added more of Steve Thomas's work to my (ever-growing, despite my best efforts) reading list. (My review)
Flash Gold, Lindsay Buroker
Lindsay Buroker's Emperor's Edge series (and the Encrypted series that goes along with it) are favorites of mine. Flash Gold is the first book in a different series, set in an alternate steampunk/fantasy version of the Yukon Gold Rush. Kali is determined to win a dogsled race with her dogless sled and use the money to get away to someplace warmer and safer. The mysterious Cedar hires himself on as her bodyguard and "musher", which turns out to be a good thing when it seems like every villainous character in the west is after Kali and her secrets. Loved this, and I'm looking forward to reading more books in the series. It would also make a good addition to my Western With A Twist book collection.
Ghost Aria and Ghost Dagger, Jonathan Moeller
"G" is two stories set in the wonderful Ghost series, featuring Caina, the young assassin with a dark and terrible past and the ability to sense the sorcery that is causing so much trouble in her world. In Ghost Aria, Caina investigates a mysterious murder that takes place at the opera house where she works undercover as an assistant to the reigning diva. In Ghost Dagger, a tragic curse in a nobleman's house takes Caina on a nightmarish journey through her dreams. Mystery, danger, and magic abound in both stories. I highly recommend the Ghost series, and I'm also planning to check out Jonathan Moeller's many other series.
Now I'm on "H"; once I've read another handful of books I'll do another round-up.
Author Spotlight: Brandy Isaacs
Call me Ishmael…wait—no, I mean—I’m Brandy Isaacs. I’m originally from Lexington, KY but I am now living in the Chicago-land area. As much as I wish I could spend all my time writing, I have to pay the bills and work full-time in development for a non-profit and I also teach writing courses on the side.
The first real thing I remember writing was a story about a lost kitten who finds a home. I was probably about 12-ish and my mom helped me find a publisher to send the story to. I’m sure it was terrible but she supported me. Years later, as in I was probably 16 or so, I received a letter from the publisher thanking me for submitting the story but it, basically, wasn’t their cup of tea. I was touched that someone was nice enough to respond.
I think I have always been a writer—academically or creatively and I’m pretty sure it all started because of a love of reading. I was a reader before I could read. My mom read to me until I could read on my own—I have her to thank for everything that followed.
I wanted very much for the world of Don’t Let Them Find You to be our world—with a twist. I wanted Sydney and Xander to be ordinary people reacting to extraordinary events. I can’t tell you much about the book without spoilers…but Sydney wakes up next to Lake Michigan with no memory and the words “don’t let them find you” written (by herself apparently) on her arm. Thus begins her struggle to stay alive and hide from unknown enemies.
Harley (from The Devil Series) is the superhero, my attempt to create a Jean Gray or Black Widow. She’s impulsive, tough and all around badass.
Talia (from That Which Is Lost) is a troubled woman trying to find strength she didn’t know she had.
Sydney (from Don’t Let Them Find You) is an ordinary woman sucked into circumstances she didn’t ask for, just trying to keep herself and her friends alive.
I, so far, write paranormal fiction. Because, that’s what I love to read. I have two degrees in Literature and my favorite type has always been the dark, the macabre, the fantastic. Even in movies and TV shows that’s what I gravitate towards. I think I love it so much because not only is it exciting to me—but it can mean so much more than the words on the page. Sometimes a zombie is just a zombie—but sometimes it’s not.
Currently, I am working on a book called Don’t Let Them Find You. I am pretty close to being done with the first draft.
This question turned out to be harder than I expected…Any time I’m writing I’m either being a cliche at a coffee shop with my latte and music focused on my laptop hoping no one is reading over my shoulder (stuff can get pretty steamy sometimes) or I’m at home writing with my cat and my book fighting for attention.
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My books are available on Amazon.
I love talking about my writing, books, characters, or anything anyone wants to ask me about. Feel free to reach out anytime!
Author Spotlight: J. Lawrence
Introducing fantasy author J. Lawrence:
1. Tell us a little about yourself:
Married over single. Dogs over cats. Pick-up truck over sports-car. Reading over TV. Cards over Chess. Risk over Monopoly. Coffee over tea. Deep philosophical, political, or even religious discussion will always get me over small talk. Fall over any season. Night over day. Beer over wine, unless it’s Moscato, and then all bets are off. [Kyra sez: Along with T.F. Walsh, J. has the coolest hat of any of the authors I've featured.]
I had been having nightmares and stark realistic visions for years. Day or night. Relaxed or busy. I could be in the middle of anything and suddenly would be transported to another place called Arth. Riding behind the eyes of hundreds of people, I experienced all they did. I loved, fought, and died. Wives? I’ve had hundreds. I have taken a thousand last breaths. I knew it wasn’t normal. Yet, the episodes felt so real, the personalities I inhabited so fully engrossing that I’m not sure I would have stopped it all even if I knew how. Obviously, I feared that I was going mad. It was all impossible after all. Then, I was surfing the Web one night and saw something that convinced me that it was all real. I started writing The Sagas of Di’Ghon shortly thereafter.
Technically, what I write is classified as fantasy. I don’t see it that way. I see myself as a scribe relaying a story that must be told. I do enjoy writing. Some of the people in my head have become old friends. I could see myself tearing off the heel of crusty bread and washing it down with ale with many of them. There are others though that I couldn’t imagine being in their presence for more than instant without succumbing to the urge to put them out of their misery. It is a balance of sorts but to be honest, when I write about the darker characters I feel little pieces of my soul darkening.
My series is called The Sagas of Di’Ghon. The title of book one is Inborn. Book two is called Ramphyr. I am currently working on Dra’Ghon, which will be the completion to the first trilogy of The Sagas of Di’Ghon. Side note: My youngest daughter is twelve and my books are far too dark for her precious mind. Since she is the only full-fledged bookwyrm I have managed to create, I have succumbed to the desire to write something she can read and have begun working on a YA Dystopian. It is real fiction and not at all a product of Arth’s pulling me away. We are making it up and writing it together and I must say that I am enjoying the process immensely.
Arth is a brutal place. The Anwar Region is a vast frozen mountainous wilderness that ruled by Feudal lords and clanheads. Ontar Hold is no exception. It is the frigid ancestral home to an ancient family with a dark secret, one that will soon be exposed.
Thaniel is a slave in Ontar Hold. He doesn’t have a bad job really. As a messenger he has the run of the Hold. He’s shy and more than a bit awkward around girls, especially Elycia, who he’s had his eyes on for a while. In fact, all he really wants is for her to be his Kiss at the Festival of the Caller. He finally gets her to wear his blossom in her hair but then something goes terribly wrong. What happens next changes his life, as well as that of his friends, forever. What I like most about Thaniel is his how fast he makes up his mind to do something. It doesn’t always work out the best for him, but that’s purely immaterial. The shy boy has more balls than the supply locker of the New York Yankees.
Keriim is a decorated warrior, one of the vaunted First of Ontar, the personal protectors of Lisella Ontar. He is desired, powerful, and women love him. He’s also a serial killer. There isn’t anything I like about this sick bastard. I’s shove a screwdriver in his eye.
Elycia doesn’t want to be Keriim’s next victim. I hope she makes it. I really do. She is a good girl, even if a bit broken by being dumped into slavery by her no-good father.
I read a fair amount. Some authors name their chapters. Some don’t. If they are named, it is usually some slick wrap up phrase. I am neither smart nor talented enough for that. But I don’t want everyone to know that... so, I name every chapter. I just take something from the end of the chapter that catches my eye and use that. Some have told me that they enjoy trying to guess how in the world the chapter will end up there. Good luck!
Where to find J. Lawrence:
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Inborn (Sagas of Di'Ghon Book 1):
The Code Sings.
The Caller has Returned.
The Blood of Ontar Will Rise Again.
Every action has consequences. Some change everything for the good. Others can get you killed. The worst kind can get people you love killed instead.
Thaniel never meant to hurt anyone. But he wasn't the type to do nothing while the innocent got hurt. So when he saw the terror in his girl's eyes and a soldier chasing her, he couldn't just stand there.
Thaniel wasn't looking for enemies. As a slave, he wasn't trying to attract the attention of the Ontar either. He definitely never meant to awaken any kind of lurking Inborn magic. Especially not the kind that can be used to Call monsters down out of the sky.
But he did...
As the whirlwind of consequence gains intensity and the people he loves the most are swept into the tumult, it's up to Thaniel to find a way to save his loved ones. Join Thaniel and friends as he discovers that monsters are not just born...
Sometimes, they are Inborn.
Inborn is available at Amazon
Ramphyr (Sagas of Di'Ghon Book 2):
THE CODE WILLS.
EVERY EMPIRE DEMANDS CRIMSON.
ANCIENT EVIL TWISTS THE BLOODBORN OF ONTAR.
Lars Telazno told Thaniel that wielding the Jen’Ghon before he’d been trained could be disastrous. He’d even warned him that he could hurt the people he loved.
Thaniel was born headstrong...
Join Thaniel and his friends, as he learns that the chains forged in the crucible of regret weigh the most—and that monsters don’t die that easily, especially when...
They are Ramphyr.
Ramphyr is available at Amazon
2014 Wrap-Up, 2015 Look Ahead
photo by typofi www.freeimages.com
Once again in December I seriously overestimated my ability to get things done when life was busy and I was exhausted. But lots of fun was had, and lots of yummy food was made and eaten. The edits on Bad Hunting are still ongoing; I'm still really hoping for a January release but it might scootch into February. I also got another Estelend novel, The Healing Tree (bad working title) planned out; writing will commence once life settles down and gets back to normal. Tales of Azara and The Source-Fixer are complete and awaiting revision.
Looking back on 2014 as a whole: I only released two books, Sarya's Song and Beneath the Canyons. I've done some experimenting with various kinds of marketing and distribution, with mixed results. My health scare at the beginning of the year set me back, and the Daughter of the Wildings revisions ended up being a lot more work than I anticipated. But I kept going, and at least I got those two books out and also wrote Tales of Azara and The Source-Fixer.
Looking ahead to this year, I expect to have at least five books out, the rest of the Daughter of the Wildings series. I hope. It would be great to also get Tales of Azara out, and some more short fiction. The Healing Tree is next in line to get written, and I'm working on some short fiction ideas and also have plans for a sequel to Urdaisunia in the works.
In the past year, there've been a lot of shakeups in the indie author scene, and I'm mulling over some different ways to approach this crazy business of writing and self-publishing. Looking at some more distribution options, figuring out how to make Amazon exclusivity and Kindle Unlimited work for me instead of against me, becoming less dependent on Facebook, concentrating my marketing on more effective approaches instead of just random self-promotion in any old place where authors don't get chased away for mentioning their books, experimenting with pricing and packaging. I'm coming up with some interesting ideas; stay tuned!
On the reading front, I'm now at G on my A-Z challenge. It's going faster now that I'm choosing shorter books! Coming up soon I'll do a more detailed post, listing the books I've read so far and giving links to the reviews, or at least my thoughts on them.
It's late and I'm brain-fried and we've got a couple more busy days coming up, then everything should get back to normal. *knock on wood*
Book Review: The Grind
Still working up to write the look back/look ahead post (I left my brain somewhere back between Christmas and New Year's and haven't found it yet), so here's another book review, that I actually wrote in November and never posted. (As a reminder, I'm not a book review blogger, and I almost never accept review requests. The following review is a rare exception, for reasons which will become clear.)
The Grind, by Nikki M. Pill
I read and reviewed The Tease, book 1 in the Darling Killer Trilogy, last summer and enjoyed it very much, so I was thrilled and honored when the author contacted me and asked if I would review an ARC of book 2, The Grind. I'm happy to say that once again, I very much enjoyed this book.
Anna Zendel is a disgraced therapist and a burlesque dancer who is being stalked by a serial killer. At the end of The Tease, it looked like the killer had been caught - but then another character drops a line of dialogue that turns everything around and makes you realize, no, the killer wasn't caught at all. In The Grind, Anna is trying to move on from the events in book 1. She's facing an ethics hearing to determine whether or not she will be allowed to continue practicing her profession and trying to put her burlesque troupe back together. The last thing she needs is for the killer to reappear, making demands along with the killings, and for one of her new troupe members to turn out to be psycho.
The story is suspenseful and engrossing, and at times heartbreaking, balanced out with Anna's dry humor - sometimes the only thing that's keeping her sane. I enjoyed getting to know her hippie father, whose mantras bear an uncanny resemblance to Beatles songs, and chewing my nails in delicious anxiety as I watched the character who may have revealed him/herself as the killer in the last book insinuate her/himself more closely into Anna's life. The members of her burlesque troupe (hers, because she's taken over as the director), both returning from book 1 and new in this book, are a colorful and likeable bunch, and the descriptions of their acts are entertaining. The story arc is masterfully constructed; I saw the suspect character playing more of a role in Anna's life, and started to doubt my instincts about that character, then at the end, after a claustrophobic and truly scary showdown against another villain, that character drops another line that's like a punch to the gut and I realized how close to disaster Anna really is. The last part of The Grind was another one of those where I stayed up way too late to see how it all turned out.
My only problem with the book is similar to the one I had with The Tease, the somewhat heavy-handed delivery of a social message. But that part is brief and soon left behind, and we return to the engaging story of Anna's attempts to deal with rabid reporters, suspicious police, psycho troupe members, her upcoming ethics hearing, tragic losses, and her growing feelings for someone whom she's afraid to love because she doesn't want him to get hurt, all while hoping to stay alive long enough to catch the real killer. It's a breathless, entertaining, well-written ride, and I am eagerly looking forward to the next book.
Book Review: The Plains of Kallanash
Working on the monthly (and New Year's) look back/look ahead post; in the meantime, here's a book for you to check out:
The Plains of Kallanash, by Pauline M. Ross
The Plains of Kallanash takes us into a world where magic once existed but was lost in a great Catastrophe. The Plains at the heart of the world are now peopled by a civilization ruled by a mysterious, powerful, and omnipresent religion, which enforces a highly stratified social order governed by strict rules and customs. Group marriage is the norm among the nobility, or Karningholders, and the men of the Plains are engaged in a never-ending but carefully-regulated war against rampaging barbarians beyond their borders.
Quiet and gentle Mia, her sister-wife Tella, and their co-husbands Jonnor and Hurst enjoy a comfortable, stable life despite Mia's feelings of unrequited love for Jonnor, who has taken Tella as his primary wife, and Hurst's for Mia; as the junior partners in the marriage, they are forbidden to consummate their relationship without permission from the senior husband. When first one and then the other of the senior couple die under mysterious circumstances, Mia begins to ask too many questions, and finds herself banished into a world she never imagined. When Hurst undertakes to discover the truth, the lies on which their civilization is based are gradually revealed, bringing Hurst and others to the unavoidable conclusion that everything they know has to be overturned.
This is a very long book, with a lot going on. It starts out at a good pace, developing the complex relationships between the characters and the original, and cruel and chilling, society they live in (among other things, when a member of the nobility dies, his or her Companions, something between an adopted sibling and a servant, are put to death alongside them). The mystery deepens with the deaths in Mia's household until the shocking revelations that come in the wake of her own punishment. From there, the pacing and conflict sometimes sags, though we do get to see some fascinating glimpses of the Plains' ancient magical history. Hurst's discovery of the truth culminates in a cleverly-plotted rebellion, which brings in more surprising revelations about the world. The climax of the book seems incomplete, a little too easy and comfortable, and some key events are told at a distance. I would have liked to be more in the thick of things as they were worked out, and for the protagonists to experience more tension and hardship in the process. After the climax, most of the story threads are tied up nicely, with just a few left dangling for future stories set in the same world.
The romantic aspect takes an unexpected turn, as Mia finds herself torn between two lovers (cue cheesy 70s pop song, or rather, don't). The unconventional solution proves satisfactory to all involved; however, I'm somewhat more conventional and straightlaced in my romance preferences and was a little taken aback. The book contains some mildly graphic sex scenes, including some menage-y bits.
The writing style is clear, smooth, and literate. The author doesn't over-explain the strange customs and other alien aspects of her world, but does give the reader enough clues to have a comfortable grasp of what's going on.
On the whole, The Plains of Kallanash is an enjoyable epic fantasy in a highly original setting combining echoes of an ancient magical past with surprisingly advanced technology such as skyships, with a mysterious history, likeable, engaging characters, and an unconventional romance. Recommended for fantasy readers who want something a little different.
Science Fiction and Fantasy Mad January Sale!
Today, January 1, don't miss the Science Fiction and Fantasy Mad January Sale! Lots of great fantasy and sf books are on sale for only 99 cents, including Urdaisunia. If you haven't yet read this tale of war and rebellion, honor and betrayal, love against all odds, and gods behaving badly, now's your chance to get it for a special low price. You can read about some of the books featured in the sale on the sponsoring blog, Patty Jansen's Must Use Bigger Elephants.
If you're looking for some ebook bargains in other genres, the Stocking Your E-Reader Sale is still ongoing through Jan. 2. Browse the books and enter the giveaway for a new Kindle reader and an Amazon gift card!
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NaNo 2014 Check-In
I just realized I hadn't done any NaNoWriMo progress updates this month. I got a late start, busy with the release of Beneath the Canyons at the beginning of the month, and other things came up, which made it hard to catch up and stay caught up. But now, with one day left (I make myself take Sundays off from writing) I've got 1700 words to go, so I'll finish tomorrow *knock on wood* I finished the actual story at around 40,000 words, so the last 10,000 words is an extended epilogue, which will probably be trimmed in the final version or maybe not, and back stories on each of the main characters, which may or may not find their way into the final version; if they don't, I'll release them as separate short stories. You do what you gotta do to get those 50,000 words honestly. My proudest moment of doing whatever it takes to get the word count was for Camp NaNo last year. I was writing book 3 of Daughter of the Wildings and, short of my goal and running out of story, in desperation I threw in a conversation about Silas's chest hair - and made it relevant to the plot! And that *will* be in the final version.
In other news, Beneath the Canyons had a great launch - thank you for your support! The revision of Bad Hunting (book 2) has been slowed down a bit by NaNo, but it's still continuing, and I'm looking at a release date in January. I'm undecided as to whether to keep the series exclusive to Amazon for a while, to take advantage of the Kindle Unlimited program and other perks, or release them to all platforms once the 90-day exclusive period on Beneath the Canyons is over. There are advantages and disadvantages to each, and I'm trying to figure out what will get my books in front of the greatest number of readers.
To everyone who celebrated Thanksgiving this week, Happy Thanksgiving! And to those who didn't, happy day of your choice! Among many other things, I'm thankful for you, my readers. You're wonderful, and your support means a lot to me. Thank you!
Character Interview: Lainie Banfrey
Meet Lainie Banfrey from Beneath the Canyons (Daughter of the Wildings Book 1):
1. What is your full name? Is there anything significant about your name?
My name's Lainie Banfrey. There's nothing significant about it; it's just a plain old name. But it's my name, and I like it.
I'm 19 years old.
3. Tell us about your family. What do you like and not like about them?
It's just me and my Pa, Burrett. He owns a big ranch in the Bitterbush Valley. My mama, Vera, died of a fever when I was six, and my older brother Blake got killed in a shootout just a few months ago. It didn't have nothin' to do with him, he was just minding his own business and some miners just started shooting things up, pissed off at a ranch hand who said something they didn't like. I really miss both of them a lot. Blake and I were real close, and it's hard to believe he's gone.
I love my Pa and we get along pretty well, running the ranch together, but we don't agree on everything. He's real picky about what men I'm allowed to talk to - he's got his own idea about who I should marry, and that's just how it's going to be. And he don't want me using my magic power. Most Plain folks hate wizards, and he's no exception, but with him it's personal, you know? But he won't tell me why he hates them so much. And I want to be able to use my magic, but I know it's wrong, and I don't want to be someone my Pa will hate. So it makes me feel all torn up inside sometimes.
I've also got my mare, Mala, and two cattlehounds, Bunky and Snoozer, and then there's Rat, he's a fat old orange-striped tabby tom with one ear. The other ear got chewed off by a rat, his first big catch when he was about five ninedays old. We've got a whole bunch of barn cats, but Rat's the one who decided I'd be his special person.
4. Who was your first kiss, and what did you think of it?
I've never kissed anyone. My Pa is really protective and don't like me being alone with a man, and I think every man in the Valley knows if they try anything my Pa'll come after them with a shotgun.
5. What is your occupation?
I've been working on our family's ranch almost since I could walk. I take care of the house and the cooking and cleaning, and also do a lot of the ranch work, mend fences, herd cattle, stuff like that.
6. What are your best and worst qualities?
I'm a hard worker, and I always try to do the very best I can at whatever I do. I'm a good cook, and everyone says I ride herd on the cattle as good as any man. I also love my Pa and do my best to honor him and be a dutiful, obedient daughter, even when we don't agree on things.
I guess I'm kind of stubborn sometimes, and sometimes I want to see things the way I want them to be instead of the way they really are. And sometimes I'm not very honest with my Pa. I don't lie to him outright, but sometimes I don't tell him everything because I also don't like arguing with him.
I don't know if my magic power's a bad quality. I don't think it should be, but everyone says magic is wicked and evil, and I don't know, maybe it would make me bad whether I want it to or not.
7. What quality do you value most in a romantic partner?
I want a man who's honest and a hard worker and who treats me good and with respect. If he wants to protect me, that's good, but I don't want to be treated like I'm stupid or fragile. It would be nice if he's nice-looking, though I'm not real picky about that, and if he's smart and fun to be with and talk to.
And... I guess this is silly, but I'd like a man who makes me feel all tingly and glowy inside, a man like the heroes in the penny-thriller novels. None of the men around here are like that, especially the man my Pa has his eye on for me. He's a good man, just not very romantic and exciting. So I guess all that's okay for stories, but real life don't work that way.
8. What is your favorite thing to do?
I love riding my horse Mala out on the range, and I like to cook, and read the penny-thrillers. Most of all, I like playing Dragon's Threes. I always win, too. :-D Men who've never played with me before can't believe it when they get beat by a girl!
9. What is your greatest fear?
I'm afraid that because I've got magic power, that means I'll turn into a monster with no heart and no soul, like everyone says wizards are. I don't feel like a heartless monster, and I don't want to do no one any harm, but maybe using magic just makes you that way whether you want to be or not.
10. What is your most treasured possession?
My horse Mala, and my certificate from the Bitterbush Springs town school - I went for the whole six years, starting when I was 9, and passed all the examinations - and the bird-in-a-cage quilt my mama made for me before she died.
Have other questions? Feel free to ask them in the comments!
Beneath the Canyons is available at Amazon.
Author Spotlight: M.L. Crum
Introducing M.L. Crum, author of the paranormal romance Irony of Time:
I was born and raised in Frederick, Maryland. I now live in southern Pa. I wrote all the time as a child into my college years but writing took a backseat as I began my career in education then became a wife and mother. I have been a first grade teacher for over 15+ years now.
I started writing in 2013. Why? Well, here comes the background story: I had just devoted several months to preparing and then participating in the Avon 2-Day Walk in D.C. with 2 of my closest friends. It was an incredible event and cause that filled me with a new purpose to my life-a peaceful, happy life as a wife, mother and teacher-a life where I gladly gave what felt like 120% of myself everyday, but now found great joy in paying it forward with another 120% of myself to a great cause. We completed the walk (raised close to $6,000), my team members then drifted off into new adventures in their lives including a new job and a new home, summer came so school was out, my kids decided they did not need me to plan their summer days and I found myself sitting on the couch for several days feeing like I was in "a state of deflation." I sat wondering what else can I do? What were my interest anymore? My hobbies? Did I have any other aspirations? Who was I other than a mother, wife and a teacher? Sadly no answer came Until...two weeks later I woke up from a dream that was very vivid. I couldn't release that dream from my thoughts. I had to know what happened to these individuals in my dream especially after the one made such a life altering decision. Plus, there was such an intense connection between two people that I wanted to know more about. I found myself at my computer that day and the dream became my first chapter. The writing just flowed and so did the joy I got from writing it. Then it was like a huge reminder hit me over the head....Uh, hello? You love to write.
I write some poetry. My novel is a paranormal romance because that was revealed to me in my dream. The fact that I wrote a paranormal romance still even surprises me. I love a good romance and I tend to read anything with a good love story.
But to be honest I had burned through several paranormal romances over a few years and vowed not to read another one because I needed a change. I switched over to historical romances. So when I had this dream I actually wanted to argue with myself over the fact that it was paranormal romance. I tried to even change that aspect, but it is what it is and I am so glad that it remained just that. I now have fallen back in love with that genre again. I love developing the character arc with all the small and big details that makes each one of them so real and intriguing. I also enjoy surprising the reader throughout the whole story. I am a big fan of a plot driven story with twist and surprise turns.
And Last, I enjoy how wonderful it is to get lost in a world that is nothing like my own except for some smal elements here and there.
My debut novel is called Irony of Time. [Kyra sez, is that a gorgeous cover or what?] Here is the summary:
When irony falls upon Miriam… she slams head on into the face of destiny.
Miriam Duvall is followed by a shadow cast over her by irony itself. Feeling reborn and falling in love—all within blissful amnesia—this feisty woman accidentally transcends the rules of time, regaining her memory right at the precipice of the most tragic event in her past. Seizing this opportunity, she looks destiny square in the eye and declares this time around, she’s the one in charge. She proceeds to manipulate the events leading to that fatal accident before it deteriorates the family she dearly loves and hurls her down a guilt-ridden path of self-destruction again.
Her opportunity for redemption knocks in the form of a handsome but mysterious physicist named Dr. Ian Stone. Shrouded in secrets, this man’s whole existence revolves around preventing the moment evil claimed his soul, robbing him of a life worth living. He has spent centuries calculating how to harness an exorbitant amount of energy, wherein making time travel a reality. However, one variable was never factored into his equations: falling in love. His obsession fuels a deep denial, deflecting his true
feelings until his heart wins out at the exact moment he loses Miriam back in time.
Their contrasting worlds cohesively collide and repel during a series of climatic events spiraling around a man harboring a dark secret as he travels back in time to fight for a second chance at love, ironically placing this exceptional woman in a position where she must choose between a past life she desperately wants or a future with the man she undeniably loves.
Her slap-the-face-of-destiny decisions could deliver her into heartbreaking sadness or possibly set her on a journey of forgiveness that will reset her soul.
It is part of a series, but I'm just not sure what to call the series yet. The second book is something I call a "parallel novel" to the first one. It moves through the same time period with the main character, Miriam, but it centers on a very minor character from Irony of Time. They move through the same few weeks interlapping and weaving through each other until my minor character becomes the true focus and releases from the same path of life as Miriam onto her own adventure into a very mysterious world. I have started the third one too that does the same exact thing, but with a surprising character.
It takes place where modern world meets a not of this world character. The story begins in 2013, but Miriam is transported back in time to 2003. The settings include the Virginia Blue Ridge Mountains to the Carolinas and to Frederick, Maryland.
Miriam is my heroine. What I love about her is the arc of her character. The reader will get to know the many versions of her throughout a ten year period. You get to see how destroyed emotionally and physically she was and how everything she was suppose to become deterorated. Then she shows you her light hearted humorous, fiery confident side she has discovered all while living blissfully, away from the pain, with amnesia and then you get to go travel back in time with her
into her teenage self once again where she now remembers the upcoming family tragedy that was about to destroy them all again and finds this incredible will to try and bend destiny into the life she feels her family should have been given.
Then there is Ian. Or Dr. Ian Stone. I like him because his character will make you debate with yourself over who he is and whether you love or hate him and how that changes every few chapters. His love for Miriam runs deep, but his secret runs deeper.
It is the kind of story that has many small Aha! moments that you might not catch the first time through.
Irony of Time is available at:
Amazon | Barnes & Noble | CreateSpace
Where to find M.L.:
Website | Goodreads
October 2014 Wrap-up and November Preview
So I'm about a week late with the monthly wrap-up and overview. My excuse is I've been busy :D Lots of good productivity going on!
First off, in case you haven't noticed, Beneath the Canyons, Book 1 of Daughter of the Wildings, is now available. Through tomorrow, Sunday November 9, you can get it for only 99 cents! After that, the price goes up to $3.99. Or, while it's exclusive at Amazon for the next few months, if you have Amazon Prime or Kindle Unlimited, you can borrow it for free! If you don't have a Kindle and don't want to wait till I release it on the other ebook platforms, you can download the free Kindle reading app for Windows, iOS, and Android. Also, the paperback edition will be coming soon.
So, that's how I spent October.
I've started revisions on Bad Hunting, Book 2, and hope to get about a two-month turnaround time on it, looking at a release date in late December or early January. The revisions, editing, proofreading, and formatting on Canyons took a little less than two months, so that seems like a reasonable target. Book 2 does need a lot of work, right now it reads more like a summary than a fully fleshed-out novel and I anticipate adding 15,000-20,000 words to it by the time it's done. But the plot is fundamentally sound, and it's a shorter book than Canyons.
November also means National Novel Writing Month, and I'm using it to get a new novel written after having spent a year working mainly on revisions. This new project is The Source-fixer (working title, I'm so bad at titles :P) and you can read more about it on the Still to Come page. This is an old, abandoned idea that I picked up again. It's better developed than it was the first time I tried to write it, and I've made some significant changes to the main characters that I think will help drive the story.
On the A-Z reading challenge, I'm on D right now. For some reason, I keep choosing really long books so it's taking a while.
So that's where I am. I'll update my NaNoWriMo progress from time to time; right now, after starting late, I'm at about 10,000 words with another thousand or so to add tonight.
And, onward!
Author Spotlight: Ellen Allen
Introducing Ellen Allen, author of the YA thriller The Sham. Read on to learn about her and her book, and enter the giveaway on Facebook!
Three years’ ago I quit my job in London and moved with my small daughter to the south of France. The plan was to stay for a few months – to fulfill a lifelong dream of lollygagging in rosé wine vineyards, writing a book, getting the hang of French grammar, etc. – but we haven’t been able to leave!
We’ve built a new life here, complete with jobs, schools, and French subjunctive tenses – as well as the vineyards and writing! – and the best part is that we’re only a few hours away by train from our family in London. It’s also sunny here, roughly 300 days a year…
I never set out to be an author but I’ve always been writing: at school, it was often some sort of trilogy involving magic kingdoms and dwarfs (I loved Tolkien); throughout my teens, I religiously recorded monumental events in my diary but mostly filled it with inconsequential lists of things I had to do each day (have a bath, feed the cat…); when I was pregnant with my daughter, I finally finished something serious. I wrote a play for the BBC. The play was rejected but it was the first time that I actually considered that I might be able to write; I received a really encouraging critique. Since then, I’ve written a few more plays as well as my first book, The Sham. It sounds a bit silly but I believe I do it because I simply can’t not write.
My first book is a Young Adult thriller which was fun to write because I got to work through some of those teenage neuroses; the huge difficulties you have at 17 or 18 trying to reconcile what you want, what you know and what you can actually do. I remember feeling continuously pushed and pulled between huge insecurities (am I good enough? will I do well enough?) and a burning desire to burst onto the world and mould it to my liking.
I’m not sure contemporary thrillers are an easy genre to market in YA – too old for younger YA readers, too young for adult readers – but it’s one I’m keen on pursuing. I’ve just started my second YA thriller; it seems to suit me.
The Sham is a YA contemporary thriller, set in England. The idea came to me in a nightmare. I dreamed that I was 17 again, back in school, with the same group of 4 friends, involved in a murder of one of them. It was so vivid that I couldn’t get back to sleep and the only way I could get it out of my head was to write it all down. It’s a standalone novel.
The Sham is set in the fictional town of Clevesham in the Midlands, England. It’s based on many of the towns I know very well in that region along the river Avon, which floods quite a bit (a dead body is washed downriver in the local floods) and is close to Stratford-upon-Avon, Shakespeare’s birthplace. A pivotal scene in the book occurs at Shakespeare’s grave.
Emily Heath, the protagonist in The Sham, is a composite of the person that I wanted to be at 18 and the person that I thought I actually was; I probably wasn’t anything like her in real life. I really love her – she’s smart, feisty and ever so slightly damaged.
Jack, her boyfriend, is slightly more prickly. He seemingly has no past, his body is failing, his brain is shutting down and he is very cagey about everything. The book has two main mysteries: 1) who is the killer; and 2) who is Jack (and ultimately if the two are linked) so I can’t really talk about Jack in much detail without a spoiler. He was great fun to write!
I’m not sure that I have many strange quirks but I love wild swimming; my favourite spots are under Pont du Gard in the south of France and Dosthill quarry in the Midlands, England.
The Sham:
Eighteen-year-old Emily Heath would love to leave her dead-end town, known locally as "The Sham", with her boyfriend, Jack, but he's very, very sick; his body is failing and his brain is shutting down. He's also in hiding, under suspicion of murder. Six months' ago, strange signs were painted across town in a dialect no one has spoken for decades and one of Emily's classmates washed up in the local floods.
Emily has never trusted her instincts and now they're pulling her towards Jack, who the police think is a sham himself, someone else entirely. As the town wakes to discover new signs plastered across its walls, Emily must decide who and what she trusts, and fast: local vigilantes are hunting Jack; the floods, the police, and her parents are blocking her path; and the town doesn’t need another dead body.
WARNING: this book is unsuitable for younger teenage readers. It depicts adult situations, murder scenes, conversations about sex and profanity.
The Sham is available at Amazon
Ellen Allen on her inspiration for The Sham:
The idea for this book came to me in a nightmare. It was so vivid that I imagined I was 17 again, at school, in the same group of 4 friends that I used to hang around with. We were involved in a murder and cover-up. I started writing partly as a way to get it out of my head and then the characters turned into real people... and Emily and Jack were born.
More about Ellen Allen:
In a previous life, Ellen Allen was an Associate Director in a small consultancy firm (focusing on Sustainable Development and Climate Change) running research projects and writing client reports. She doesn’t find fiction writing too dissimilar in process but she gets to use her imagination considerably more! She now lives in the south of France with her small daughter. If you want to contact Ellen Allen you can find her on twitter @EllenWritesAll or facebook www.facebook.com/EllenWritesAll or on her writing blog: www.writingright.net.
Amazon author page | The Sham on Goodreads
If you would like to win a free e-copy of The Sham (in epub, mobi or pdf format) there is a current giveaway on facebook. (Through November 10)
Western With A Twist, Part 3: Music
Welcome to the third part of the Western With A Twist blog series, music! (Part 1 is books, Part 2 is movies and TV.) As we're gearing up for the launch of the Daughter of the Wildings series with Beneath the Canyons, enjoy some music that's western in spirit, style, or both, but with a twist.
Now, I'm not a country listener, but for the most part these aren't country songs. Rather, they have a sound reminscent of the west, spaghetti westerns, wide open spaces, an attitude of independence and individuality.
To keep the post from being too long, I'm only posting YouTube videos for a few of the songs, and including links to the rest; there's also a Spotify playlist of the music down at the bottom. I've also put Amazon buy links for as many of these selections as I could find them for (not my affiliate links; that would have been too much work!) Enjoy!
The song that immediately comes to mind when talking about westerns and fantasy or supernatural themes is Ghost Riders in the Sky. This has been covered about a zillion times; here are three of them:
Johnny Cash, traditional country (Amazon)
Outlaws, country rock (Amazon)
Spiderbait, rock
and this retro instrumental version from the 60's, by the Ramrods (with fan-made video): (Amazon)
The other "real" country song on this list is Ring of Fire. Of course, the original Johnny Cash version is classic (Amazon), but personally I prefer the cover by Social Distortion (Amazon):
The album Danger Days: The True Lives of the Fabulous Killjoys, by My Chemical Romance (one of the greatest rock albums ever made, if you ask me), makes up the bulk of the Daughter of the Wildings playlist. Set in a post-apocalyptic California, it's an in-your-face statement of individuality and independence. The whole album is excellent, but for the Western With A Twist theme I picked out Bulletproof Heart and Save Yourself, I'll Hold Them Back as being the most western in spirit. (Amazon)
The entire album The Joshua Tree by U2 (another one of the greatest rock albums ever made, IMNSHO) also celebrates the wide-open feel of the west, especially the songs Where the Streets Have No Name and In God's Country. (Amazon)
I picked two songs from the album Communique by Dire Straits for this list. Once Upon A Time In The West doesn't have a whole lot to do with the Old West, as far as I can tell, but it has a real spaghetti-western feel to the music, especially in Mark Knopfler's guitar playing. Angel of Mercy is a sweet and sexy country-flavored song that would be great to dance to. (Plus the lyrics mention catching a dragon; I know it's metaphorical, but still, dragons :D) (Amazon)
Peacemaker, by Green Day (Amazon), also has that spaghetti western feel, as does Kiseki no Umi, the theme song from the fantasy anime Record of Lodoss War. The show is about elves and the typical pseudo-European fantasy, but the beautiful theme song (by Yoko Kanno, the brilliant composer who also wrote the music for Cowboy Bebop and the theme songs for Ghost in the Shell) has a wide-open western sound.
Finally, probably the greatest Western With A Twist song of all time, and one of the greatest music videos of all time, the futuristic spaghetti western Knights of Cydonia, by Muse: (Amazon)
Western With A Twist Spotify Playlist
Stay tuned for Beneath the Canyons release news!
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When the proverbial hits the fan...
We've all been there, you know, those days when you wake up and you're feeling happy that life is going your way. You love your job. Your family dynamic seems under control and you're making progress with your goals. A refreshing weekend away has sparked the travel bug and you're online looking for your next destination... Then...
...from what seems like nowhere, the proverbial hits the fan. From your partner wanting a divorce, a family member passes away, the test have come back positive and you need to have treatment, you're being made redundant or on the verge of bankruptcy. All that life once was, has changed in a millisecond.
It's in these moments of uncertainty that we learn our biggest lessons. Not only is our character tested, but our faith, resilience, grit and tenacity is too. It's easy to feel gratitude and visualise positivity when life is good. It's a whole different ball game in times of struggle. When life has been turned upside down and inside out.
So, what do you do when the proverbial hits the fan?
''You, me, or nobody is gonna hit as hard as life. But it ain't about how hard ya hit. It's about how hard you can get hit and keep moving forward. How much you can take and keep moving forward. That's how winning is done!” Sylvester Stallone, Rocky Balboa.
Firstly, it starts with listening to that little voice inside you. We've all got one. You know, the voice (it's more of a whisper.) that always has your back, that guides and encourages you. You'll hear it whispering, ''keep going'' or ''you can do this'', when you had thought you had reached your limit. Some call it intuition, the soul or the infinite intelligence. Whichever name you give it, your voice will guide you to the next step you need to take. Especially when life feels like a lead weight tied around your ankles and a spaghetti junction brain full of thoughts. The best way to hear your voice is to stop, be still, find a quiet space, be alone, journal or meditate. No matter what is going on in your life, there is always a way through.
Secondly, when you've received your guidance, it's now time to take action. Find the grit, determination, resilience to pick yourself up and start. You see, we all have to rise at some point in our lives. Yes, some more than others - I know! You have to keep going, don't stop moving forward. Sooner rather than later, you'll feel more confident in your actions/decisions and the overwhelm will start melting away. Your voice will steer you and life will improve, or, at the very least, you'll find peace in the things that cannot be changed.
I'm sending you lots of good vibes and positive thoughts as you navigate through this.
If anyone can do this, you can!
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July 20, 2018 |Janus, Neutral Decisionmaking, Public Sector Union Agency Fees, Supreme Court Precedent
Can Public Sector Unions Be Forced to Pay Back Previously Collected Agency Fees?
by Mike Rappaport|7 Comments
Protest against the Janus decision in New York City, June 27, 2018 (Christopher Penler / Shutterstock.com).
Precedents in the law are often double edged swords. They can help one ideological side in one case only to harm them in a future case. For example, a decision that helps liberals in one case might harm them in a future case. It is this factor that gives judge made law some semblance of neutrality. The liberals on the court in case one need to think about the consequences of their decision for future cases.
Of course, if a future court can distinguish the two decisions, then this neutrality is defeated. So, if the liberals who decided the matter in case one can distinguish case two, which would harm liberal interests, the neutrality of the law will be undermined.
I thought of this when reading a blog post by Will Baude about the possible liability of the public sector unions after the Janus case. Janus, of course, is the recent Supreme Court case that held it is unconstitutional for the states to require public employees to pay agency fees to labor unions if the public employees choose not to become members. Baude asks: “what about the agency fees that unions had been collecting before Janus? Are unions liable for collecting them? Can they be forced to pay them back?”
It turns out that a lawsuit is being brought to force the unions to pay back the prior agency fees that were collected. According to Baude:
Janus makes it likely that unions can be sued for agency fees they collected in the past. The case for liability has three key steps.
First, Janus [applies] equally to conduct before it was decided as it does to conduct in the future. Under standard retroactivity doctrine, Supreme Court decisions are taken to state the true law as it has always been, rather than to change the law. . .
Second, even though unions are themselves private organizations, not the government, they can still be sued for constitutional violations because of the way they used the power of the state to collect money. They key precedent is a Supreme Court case called Lugar v. Edmondson Oil. In Lugar, the Court allowed lawsuits against private debt collectors because they had made use of an unconstitutional state statute that allowed the attachment of property without due process. Even though the debt collectors were private, they could be sued because they had used an unconstitutional statute passed by the state, and had “invok[ed] the aid of state officials to take advantage of state-created attachment procedures.” Union collection of agency fees appears to be analogous.
Third, unions do not have the qualified immunity defense that is available to government Section 1983 defendants. Most government officials have a qualified immunity defense when they were doing something that was thought to be constitutional at the time. But in a sequel to Lugar, called Wyatt v. Cole, the Supreme Court said that private entities do not get the same kind of defense.
It is interesting to think about the alignment of the justices in these cases. In Janus, it was the conservatives, in a 5-4 decision, who held that the collection of agency fees by public employer unions was unconstitutional. But in Lugar v. Edmondson Oil, it was the liberals, in a 5-4 decision, who held that private debt collectors could be sued for the unconstitutional action. In Lugar, a White opinion was joined by Brennan, Marshall, Blackman and Stevens. The dissenters were Burger, Powell, Rehnquist, and O’Connor.
It is not surprising that liberals would have opposed private debt collectors, whereas conservatives would have supported them. But if the nature of the parties and the issues between them influenced the justices, would they have had the same position if they knew the case would be applied to public employer unions in the future?
Perhaps the vote of the liberals yesterday will come back to haunt the liberals of today. And perhaps the loss of the conservatives of yesterday will provide a victory to the conservatives of today.
Of course, this type of analysis of Supreme Court decisions – based on ideology and of the identity of the parties rather than the relevant law – is only part of the story. But it is interesting.
Mike Rappaport
Professor Rappaport is Darling Foundation Professor of Law at the University of San Diego, where he also serves as the Director of the Center for the Study of Constitutional Originalism. Professor Rappaport is the author of numerous law review articles in journals such as the Yale Law Journal, the Virginia Law Review, the Georgetown Law Review, and the University of Pennsylvania Law Review. His book, Originalism and the Good Constitution, which is coauthored with John McGinnis, was published by the Harvard University Press in 2013. Professor Rappaport is a graduate of the Yale Law School, where he received a JD and a DCL (Law and Political Theory).
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Paul Binotto says
I would question if the necessary nexus between union fee deduction and “state action” could be sufficiently established, however, it would be interesting to also consider which types of damages plaintiffs would be entitled.
Would they be entitled to compensatory for the fee’s mandatorily, but unwillingly paid AND punitive for a violation of their Constitutional rights, per Janus, or would they ONLY be entitled to punitive? If you benefit from something even against your will, have you still suffered a loss deserving of compensatory relief?
excessivelyperky says
But of course it’s a good thing for unions to be forced to represent members who don’t pay bills, right? I foresee a suit by unions to not have to represent non-dues-payers. Those who want agency fees back are perfectly happy to have received the benefit of union contracts.
Surely it would be fair for unions to represent *only* dues paying members?
All of this smells ex post facto to me. Still, the actual Constitution must not get in the way of punishing unions.
gargamel rules smurfs says
Absolute gibberish!
Sounds like an ex post facto silly argument to me.
Child, do you really think that any union wants to have another body of employees within a factory that the employer can choose to work with? The whole power of the union was its monopolization of the work force and the threat that posed to the employer.
Employers would prefer not to see any unions at all, or minimum wage laws, or safety regulations. Why should unions have to represent people who don’t pay the fees? Why, soon you’ll be saying that hospitals will have to pay for the care of people who don’t intend to pay…
Don’t call me child, sir, I’m probably older than you.
But again, penalizing unions for representing their workers sounds like something you would like anyway.
And one more point–if workers get their fees back, they then should have to pay back the benefits they received.
Then again, they may have received greater benefits without the *surcharge* to the union.
And Oh BTW, I have probably been in more unions than you.
And why do you look upon employers as some evil Dickensian overlords out of a 19th century sweat house.
Those days are long gone. Modern management has replaced the Scrooge types (except, of course, for the bloated salaries of bloated CEO’s (male and female, BTW).
Have you ever run a major corporation? Have you ever managed real, live working people or does all this animosity towards the employer who provides a decent wage / living come from your *extensive* reading – or is that listening to people of the ilk of Alexandra Occasionally Cortex (but not very often) and her economic theorizing. Yep, the same moron who stole her co-workers tips!
Only I can abuse Smurfs in this fashion. I resent this!
“[E]xcept, of course, for the bloated salaries of bloated CEO’s (male and female, BTW)” – You might also add, bloated Union Leaders (mostly male, btw)… not to step on your smurf, Mr. Gargamel…
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‘Bird’ Author Crystal Chan to Speak at Lewis and Clark
Article by: Louise Jett, ljett@lc.edu
GODFREY – Crystal Chan, author of the novel “Bird,” will speak about writing, publishing, creativity and diversity from 9:30-10:45 a.m., and then again from 12:15-1:30 p.m., Thursday, April 16, in Reid Memorial Library at Lewis and Clark Community College.
“April 12-18 is National Library Week, and, without authors like Crystal Chan, we wouldn’t have libraries,” said Liz Burns, assistant director of Instructional Services in Reid Memorial Library. “This promises to be an exciting and entertaining event. Crystal is an energetic presenter and her lecture on writing and staying true to yourself will be of interest to anyone with a general interest in literature, arts or reading, or anyone who is curious about the publishing industry.”
The first chapter of “Bird,” which is a powerful story about loss and moving on, can be read for free at www.crystalchanwrites.com. Copies of the book are available in the campus bookstore and will be available for purchase at the presentation. Chan will be available to sign copies of her book at the conclusion of her program.
“Her book is about Jewel, a young adolescent, who happens to be a mix of Jamaican, Mexican and Caucasian descent, who is trying to find her place within both her family and the world in general, while dealing with the loss of a loved one,” Burns said. “These are experiences with which we can all identify.”
This L&C Diversity Council event is presented by the Mannie Jackson Endowment and Center for the Humanities with funding from the National Endowment for the Humanities. For more information visit www.lc.edu/diversity.
L&C to Co-host Diversity and Inclusion Workshop with Walmart Posted: 10/23/18
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International Students Celebrated at Lewis and Clark Posted: 04/28/17
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Blake Reese
Blake Reese is a senior product manager at Google, where he leads cross-functional product development teams in creating new technologies. He previously practiced law at Google for five years, advising cross-functional product teams and senior management on global legal issues impacting the products and services. Additionally, Reese has done significant deal work throughout the world and developed Google’s creditor strategies inside and outside bankruptcy. Before joining Google, he worked as an associate at the New York office of Milbank, Tweed, Hadley & McCloy. At Milbank, he advised a range of companies, including startups, global tech companies, large banks, and stock exchanges, on all aspects of intellectual property law, specifically litigation, transactions, and prosecution.
In addition to lecturing at Columbia Law School, Reese also teaches a graduate course at Columbia Business School.
He pursued a J.D. at the George Washington University Law School and a M.S. in technical innovation management at Johns Hopkins University. He also attended the University of Florida.
S. Counseling the Digital Innovator
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Title 29. Labor
Subtitle B. Regulations Relating to Labor
Chapter XIV. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Part 1630. REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT
Appendix to_part_1630. Interpretive Guidance on Title I of the Americans With Disabilities Act
29 CFR Appendix to_part_1630 - Interpretive Guidance on Title I of the Americans With Disabilities Act
Appendix to Part 1630 - Interpretive Guidance on Title I of the Americans With Disabilities Act
The Americans with Disabilities Act (ADA) is a landmark piece of civil rights legislation signed into law on July 26, 1990, and amended effective January 1, 2009. See 42 U.S.C. 12101et seq., as amended. In passing the ADA, Congress recognized that “discrimination against individuals with disabilities continues to be a serious and pervasive social problem” and that the “continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.” 42 U.S.C. 12101(a)(2), (8). Discrimination on the basis of disability persists in critical areas such as housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, access to public services, and employment. 42 U.S.C. 12101(a)(3). Accordingly, the ADA prohibits discrimination in a wide range of areas, including employment, public services, and public accommodations.
Title I of the ADA prohibits disability-based discrimination in employment. The Equal Employment Opportunity Commission (the Commission or the EEOC) is responsible for enforcement of title I (and parts of title V) of the ADA. Pursuant to the ADA as amended, the EEOC is expressly granted the authority and is expected to amend these regulations. 42 U.S.C. 12205a. Under title I of the ADA, covered entities may not discriminate against qualified individuals on the basis of disability in regard to job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training, or other terms, conditions, and privileges of employment. 42 U.S.C. 12112(a). For these purposes, “discriminate” includes (1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of the applicant or employee; (2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicants or employees to discrimination; (3) utilizing standards, criteria, or other methods of administration that have the effect of discrimination on the basis of disability; (4) not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability, unless the covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the covered entity; (5) denying employment opportunities to a job applicant or employee who is otherwise qualified, if such denial is based on the need to make reasonable accommodation; (6) using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criterion is shown to be job related for the position in question and is consistent with business necessity; and (7) subjecting applicants or employees to prohibited medical inquiries or examinations. See 42 U.S.C. 12112(b), (d).
As with other civil rights laws, individuals seeking protection under these anti-discrimination provisions of the ADA generally must allege and prove that they are members of the “protected class.” 1 Under the ADA, this typically means they have to show that they meet the statutory definition of “disability.” 2008 House Judiciary Committee Report at 5. However, “Congress did not intend for the threshold question of disability to be used as a means of excluding individuals from coverage.” Id.
1 Claims of improper disability-related inquiries or medical examinations, improper disclosure of confidential medical information, or retaliation may be brought by any applicant or employee, not just individuals with disabilities. See, e.g., Cossette v. Minnesota Power & Light, 188 F.3d 964, 969-70 (8th Cir. 1999); Fredenburg v. Contra Costa County Dep't of Health Servs., 172 F.3d 1176, 1182 (9th Cir. 1999); Griffin v. Steeltek, Inc., 160 F.3d 591, 594 (10th Cir. 1998). Likewise, a nondisabled applicant or employee may challenge an employment action that is based on the disability of an individual with whom the applicant or employee is known to have a relationship or association. See 42 U.S.C. 12112(b)(4).
In the original ADA, Congress defined “disability” as (1) a physical or mental impairment that substantially limits one or more major life activities of an individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment. 42 U.S.C. 12202(2). Congress patterned these three parts of the definition of disability - the “actual,” “record of,” and “regarded as” prongs - after the definition of “handicap” found in the Rehabilitation Act of 1973. 2008 House Judiciary Committee Report at 6. By doing so, Congress intended that the relevant case law developed under the Rehabilitation Act would be generally applicable to the term “disability” as used in the ADA. H.R. Rep. No. 485 part 3, 101st Cong., 2d Sess. 27 (1990) (1990 House Judiciary Report or House Judiciary Report); See also S. Rep. No. 116, 101st Cong., 1st Sess. 21 (1989) (1989 Senate Report or Senate Report); H.R. Rep. No. 485 part 2, 101st Cong., 2d Sess. 50 (1990) (1990 House Labor Report or House Labor Report). Congress expected that the definition of disability and related terms, such as “substantially limits” and “major life activity,” would be interpreted under the ADA “consistently with how courts had applied the definition of a handicapped individual under the Rehabilitation Act” - i.e., expansively and in favor of broad coverage. ADA Amendments Act of 2008 (ADAAA or Amendments Act) at section 2(a)(1)-(8) and (b)(1)-(6) (Findings and Purposes); See also Senate Statement of the Managers to Accompany S. 3406 (2008 Senate Statement of Managers) at 3 (“When Congress passed the ADA in 1990, it adopted the functional definition of disability from section 504 of the Rehabilitation Act of 1973, in part, because after 17 years of development through case law the requirements of the definition were well understood. Within this framework, with its generous and inclusive definition of disability, courts treated the determination of disability as a threshold issue but focused primarily on whether unlawful discrimination had occurred.”); 2008 House Judiciary Committee Report at 6 & n.6 (noting that courts had interpreted this Rehabilitation Act definition “broadly to include persons with a wide range of physical and mental impairments”).
That expectation was not fulfilled. ADAAA section 2(a)(3). The holdings of several Supreme Court cases sharply narrowed the broad scope of protection Congress originally intended under the ADA, thus eliminating protection for many individuals whom Congress intended to protect. Id. For example, in Sutton v. United Air Lines, Inc.,527 U.S. 471 (1999), the Court ruled that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures. In Sutton, the Court also adopted a restrictive reading of the meaning of being “regarded as” disabled under the ADA's definition of disability. Subsequently, in Toyota Motor Mfg., Ky., Inc. v. Williams,534 U.S. 184 (2002), the Court held that the terms “substantially” and “major” in the definition of disability “need to be interpreted strictly to create a demanding standard for qualifying as disabled” under the ADA, and that to be substantially limited in performing a major life activity under the ADA, “an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people's daily lives.”
As a result of these Supreme Court decisions, lower courts ruled in numerous cases that individuals with a range of substantially limiting impairments were not individuals with disabilities, and thus not protected by the ADA. See 2008 Senate Statement of Managers at 3 (“After the Court's decisions in Sutton that impairments must be considered in their mitigated state and in Toyota that there must be a demanding standard for qualifying as disabled, lower courts more often found that an individual's impairment did not constitute a disability. As a result, in too many cases, courts would never reach the question whether discrimination had occurred.”). Congress concluded that these rulings imposed a greater degree of limitation and expressed a higher standard than it had originally intended, and coupled with the EEOC's 1991 ADA regulations which had defined the term “substantially limits” as “significantly restricted,” unduly precluded many individuals from being covered under the ADA. Id. (“[t]hus, some 18 years later we are faced with a situation in which physical or mental impairments that would previously have been found to constitute disabilities are not considered disabilities under the Supreme Court's narrower standard” and “[t]he resulting court decisions contribute to a legal environment in which individuals must demonstrate an inappropriately high degree of functional limitation in order to be protected from discrimination under the ADA”).
Consequently, Congress amended the ADA with the Americans with Disabilities Act Amendments Act of 2008. The ADAAA was signed into law on September 25, 2008, and became effective on January 1, 2009. This legislation is the product of extensive bipartisan efforts, and the culmination of collaboration and coordination between legislators and stakeholders, including representatives of the disability, business, and education communities. See Statement of Representatives Hoyer and Sensenbrenner, 154 Cong. Rec. H8294-96 (daily ed. Sept. 17, 2008) (Hoyer-Sensenbrenner Congressional Record Statement); Senate Statement of Managers at 1. The express purposes of the ADAAA are, among other things:
(1) To carry out the ADA's objectives of providing “a clear and comprehensive national mandate for the elimination of discrimination” and “clear, strong, consistent, enforceable standards addressing discrimination” by reinstating a broad scope of protection under the ADA;
(2) To reject the requirement enunciated in Sutton and its companion cases that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures;
(3) To reject the Supreme Court's reasoning in Sutton with regard to coverage under the third prong of the definition of disability and to reinstate the reasoning of the Supreme Court in School Board of Nassau County v. Arline,480 U.S. 273 (1987), which set forth a broad view of the third prong of the definition of handicap under the Rehabilitation Act of 1973;
(4) To reject the standards enunciated by the Supreme Court in Toyota that the terms “substantially” and “major” in the definition of disability under the ADA “need to be interpreted strictly to create a demanding standard for qualifying as disabled,” and that to be substantially limited in performing a major life activity under the ADA “an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people's daily lives”;
(5) To convey congressional intent that the standard created by the Supreme Court in Toyota for “substantially limits,” and applied by lower courts in numerous decisions, has created an inappropriately high level of limitation necessary to obtain coverage under the ADA;
(6) To convey that it is the intent of Congress that the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations, and to convey that the question of whether an individual's impairment is a disability under the ADA should not demand extensive analysis; and
(7) To express Congress' expectation that the EEOC will revise that portion of its current regulations that defines the term “substantially limits” as “significantly restricted” to be consistent with the ADA as amended.
ADAAA section 2(b). The findings and purposes of the ADAAA “give[] clear guidance to the courts and * * * [are] intend[ed] to be applied appropriately and consistently.” 2008 Senate Statement of Managers at 5.
The EEOC has amended its regulations to reflect the ADAAA's findings and purposes. The Commission believes that it is essential also to amend its appendix to the original regulations at the same time, and to reissue this interpretive guidance as amended concurrently with the issuance of the amended regulations. This will help to ensure that individuals with disabilities understand their rights, and to facilitate and encourage compliance by covered entities under this part.
Accordingly, this amended appendix addresses the major provisions of this part and explains the major concepts related to disability-based employment discrimination. This appendix represents the Commission's interpretation of the issues addressed within it, and the Commission will be guided by this appendix when resolving charges of employment discrimination.
Note on Certain Terminology Used
The ADA, the EEOC's ADA regulations, and this appendix use the term “disabilities” rather than the term “handicaps” which was originally used in the Rehabilitation Act of 1973, 29 U.S.C. 701-796. Substantively, these terms are equivalent. As originally noted by the House Committee on the Judiciary, “[t]he use of the term ‘disabilities' instead of the term ‘handicaps' reflects the desire of the Committee to use the most current terminology. It reflects the preference of persons with disabilities to use that term rather than ‘handicapped' as used in previous laws, such as the Rehabilitation Act of 1973 * * *.” 1990 House Judiciary Report at 26-27; See also 1989 Senate Report at 21; 1990 House Labor Report at 50-51.
In addition, consistent with the Amendments Act, revisions have been made to the regulations and this appendix to refer to “individual with a disability” and “qualified individual” as separate terms, and to change the prohibition on discrimination to “on the basis of disability” instead of prohibiting discrimination against a qualified individual “with a disability because of the disability of such individual.” “This ensures that the emphasis in questions of disability discrimination is properly on the critical inquiry of whether a qualified person has been discriminated against on the basis of disability, and not unduly focused on the preliminary question of whether a particular person is a ‘person with a disability.’ ” 2008 Senate Statement of Managers at 11.
The use of the term “Americans” in the title of the ADA, in the EEOC's regulations, or in this appendix as amended is not intended to imply that the ADA only applies to United States citizens. Rather, the ADA protects all qualified individuals with disabilities, regardless of their citizenship status or nationality, from discrimination by a covered entity.
Finally, the terms “employer” and “employer or other covered entity” are used interchangeably throughout this appendix to refer to all covered entities subject to the employment provisions of the ADA.
Section 1630.1 Purpose, Applicability and Construction
Section 1630.1(a) Purpose
The express purposes of the ADA as amended are to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; to ensure that the Federal Government plays a central role in enforcing the standards articulated in the ADA on behalf of individuals with disabilities; and to invoke the sweep of congressional authority to address the major areas of discrimination faced day-to-day by people with disabilities. 42 U.S.C. 12101(b). The EEOC's ADA regulations are intended to implement these Congressional purposes in simple and straightforward terms.
Section 1630.1(b) Applicability
The EEOC's ADA regulations as amended apply to all “covered entities” as defined at § 1630.2(b). The ADA defines “covered entities” to mean an employer, employment agency, labor organization, or joint labor-management committee. 42 U.S.C. 12111(2). All covered entities are subject to the ADA's rules prohibiting discrimination. 42 U.S.C. 12112.
Section 1630.1(c) Construction
The ADA must be construed as amended. The primary purpose of the Amendments Act was to make it easier for people with disabilities to obtain protection under the ADA. See Joint Hoyer-Sensenbrenner Statement on the Origins of the ADA Restoration Act of 2008, H.R. 3195 (reviewing provisions of H.R. 3195 as revised following negotiations between representatives of the disability and business communities) (Joint Hoyer-Sensenbrenner Statement) at 2. Accordingly, under the ADA as amended and the EEOC's regulations, the definition of “disability” “shall be construed in favor of broad coverage of individuals under [the ADA], to the maximum extent permitted by the terms of [the ADA].” 42 U.S.C. 12102(4)(A); See also 2008 Senate Statement of Managers at 3 (“The ADA Amendments Act * * * reiterates that Congress intends that the scope of the [ADA] be broad and inclusive.”). This construction is also intended to reinforce the general rule that civil rights statutes must be broadly construed to achieve their remedial purpose. Id. at 2; See also 2008 House Judiciary Committee Report at 19 (this rule of construction “directs courts to construe the definition of ‘disability' broadly to advance the ADA's remedial purposes” and thus “brings treatment of the ADA's definition of disability in line with treatment of other civil rights laws, which should be construed broadly to effectuate their remedial purposes”).
The ADAAA and the EEOC's regulations also make clear that the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations, not whether the individual meets the definition of disability. ADAAA section 2(b)(5). This means, for example, examining whether an employer has discriminated against an employee, including whether an employer has fulfilled its obligations with respect to providing a “reasonable accommodation” to an individual with a disability; or whether an employee has met his or her responsibilities under the ADA with respect to engaging in the reasonable accommodation “interactive process.” See also 2008 Senate Statement of Managers at 4 (“[L]ower court cases have too often turned solely on the question of whether the plaintiff is an individual with a disability rather than the merits of discrimination claims, such as whether adverse decisions were impermissibly made by the employer on the basis of disability, reasonable accommodations were denied, or qualification standards were unlawfully discriminatory.”); 2008 House Judiciary Committee Report at 6 (“An individual who does not qualify as disabled * * * does not meet th[e] threshold question of coverage in the protected class and is therefore not permitted to attempt to prove his or her claim of discriminatory treatment.”).
Further, the question of whether an individual has a disability under this part “should not demand extensive analysis.” ADAAA section 2(b)(5). See also House Education and Labor Committee Report at 9 (“The Committee intends that the establishment of coverage under the ADA should not be overly complex nor difficult. * * *”).
In addition, unless expressly stated otherwise, the standards applied in the ADA are intended to provide at least as much protection as the standards applied under the Rehabilitation Act of 1973.
The ADA does not preempt any Federal law, or any State or local law, that grants to individuals with disabilities protection greater than or equivalent to that provided by the ADA. This means that the existence of a lesser standard of protection to individuals with disabilities under the ADA will not provide a defense to failing to meet a higher standard under another law. Thus, for example, title I of the ADA would not be a defense to failing to prepare and maintain an affirmative action program under section 503 of the Rehabilitation Act. On the other hand, the existence of a lesser standard under another law will not provide a defense to failing to meet a higher standard under the ADA. See 1990 House Labor Report at 135; 1990 House Judiciary Report at 69-70.
This also means that an individual with a disability could choose to pursue claims under a State discrimination or tort law that does not confer greater substantive rights, or even confers fewer substantive rights, if the potential available remedies would be greater than those available under the ADA and this part. The ADA does not restrict an individual with a disability from pursuing such claims in addition to charges brought under this part. 1990 House Judiciary Report at 69-70.
The ADA does not automatically preempt medical standards or safety requirements established by Federal law or regulations. It does not preempt State, county, or local laws, ordinances or regulations that are consistent with this part and designed to protect the public health from individuals who pose a direct threat to the health or safety of others that cannot be eliminated or reduced by reasonable accommodation. However, the ADA does preempt inconsistent requirements established by State or local law for safety or security sensitive positions. See 1989 Senate Report at 27; 1990 House Labor Report at 57.
An employer allegedly in violation of this part cannot successfully defend its actions by relying on the obligation to comply with the requirements of any State or local law that imposes prohibitions or limitations on the eligibility of individuals with disabilities who are qualified to practice any occupation or profession. For example, suppose a municipality has an ordinance that prohibits individuals with tuberculosis from teaching school children. If an individual with dormant tuberculosis challenges a private school's refusal to hire him or her on the basis of the tuberculosis, the private school would not be able to rely on the city ordinance as a defense under the ADA.
Paragraph (c)(3) is consistent with language added to section 501 of the ADA by the ADA Amendments Act. It makes clear that nothing in this part is intended to alter the determination of eligibility for benefits under state workers' compensation laws or Federal and State disability benefit programs. State workers' compensation laws and Federal disability benefit programs, such as programs that provide payments to veterans with service-connected disabilities and the Social Security Disability Insurance program, have fundamentally different purposes than title I of the ADA.
Section 1630.2 Definitions
Sections 1630.2(a)-(f) Commission, Covered Entity, etc.
The definitions section of part 1630 includes several terms that are identical, or almost identical, to the terms found in title VII of the Civil Rights Act of 1964. Among these terms are “Commission,” “Person,” “State,” and “Employer.” These terms are to be given the same meaning under the ADA that they are given under title VII. In general, the term “employee” has the same meaning that it is given under title VII. However, the ADA's definition of “employee” does not contain an exception, as does title VII, for elected officials and their personal staffs. It should further be noted that all State and local governments are covered by title II of the ADA whether or not they are also covered by this part. Title II, which is enforced by the Department of Justice, became effective on January 26, 1992. See 28 CFR part 35.
The term “covered entity” is not found in title VII. However, the title VII definitions of the entities included in the term “covered entity” (e.g., employer, employment agency, labor organization, etc.) are applicable to the ADA.
Section 1630.2(g) Disability
In addition to the term “covered entity,” there are several other terms that are unique to the ADA as amended. The first of these is the term “disability.” “This definition is of critical importance because as a threshold issue it determines whether an individual is covered by the ADA.” 2008 Senate Statement of Managers at 6.
In the original ADA, “Congress sought to protect anyone who experiences discrimination because of a current, past, or perceived disability.” 2008 Senate Statement of Managers at 6. Accordingly, the definition of the term “disability” is divided into three prongs: An individual is considered to have a “disability” if that individual (1) has a physical or mental impairment that substantially limits one or more of that person's major life activities (the “actual disability” prong); (2) has a record of such an impairment (the “record of” prong); or (3) is regarded by the covered entity as an individual with a disability as defined in § 1630.2(l) (the “regarded as” prong). The ADAAA retained the basic structure and terms of the original definition of disability. However, the Amendments Act altered the interpretation and application of this critical statutory term in fundamental ways. See 2008 Senate Statement of Managers at 1 (“The bill maintains the ADA's inherently functional definition of disability” but “clarifies and expands the definition's meaning and application.”).
As noted above, the primary purpose of the ADAAA is to make it easier for people with disabilities to obtain protection under the ADA. See Joint Hoyer-Sensenbrenner Statement at 2. Accordingly, the ADAAA provides rules of construction regarding the definition of disability. Consistent with the congressional intent to reinstate a broad scope of protection under the ADA, the ADAAA's rules of construction require that the definition of “disability” “shall be construed in favor of broad coverage of individuals under [the ADA], to the maximum extent permitted by the terms of [the ADA].” 42 U.S.C. 12102(4)(A). The legislative history of the ADAAA is replete with references emphasizing this principle. See Joint Hoyer-Sensenbrenner Statement at 2 (“[The bill] establishes that the definition of disability must be interpreted broadly to achieve the remedial purposes of the ADA”); 2008 Senate Statement of Managers at 1 (the ADAAA's purpose is to “enhance the protections of the [ADA]” by “expanding the definition, and by rejecting several opinions of the United States Supreme Court that have had the effect of restricting the meaning and application of the definition of disability”); id. (stressing the importance of removing barriers “to construing and applying the definition of disability more generously”); id. at 4 (“The managers have introduced the [ADAAA] to restore the proper balance and application of the ADA by clarifying and broadening the definition of disability, and to increase eligibility for the protections of the ADA.”); id. (“It is our expectation that because the bill makes the definition of disability more generous, some people who were not covered before will now be covered.”); id. (warning that “the definition of disability should not be unduly used as a tool for excluding individuals from the ADA's protections”); id. (this principle “sends a clear signal of our intent that the courts must interpret the definition of disability broadly rather than stringently”); 2008 House Judiciary Committee Report at 5 (“The purpose of the bill is to restore protection for the broad range of individuals with disabilities as originally envisioned by Congress by responding to the Supreme Court's narrow interpretation of the definition of disability.”).
Further, as the purposes section of the ADAAA explicitly cautions, the “primary object of attention” in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations. As noted above, this means, for example, examining whether an employer has discriminated against an employee, including whether an employer has fulfilled its obligations with respect to providing a “reasonable accommodation” to an individual with a disability; or whether an employee has met his or her responsibilities under the ADA with respect to engaging in the reasonable accommodation “interactive process.” ADAAA section 2(b)(5); See also 2008 Senate Statement of Managers at 4 (“[L]ower court cases have too often turned solely on the question of whether the plaintiff is an individual with a disability rather than the merits of discrimination claims, such as whether adverse decisions were impermissibly made by the employer on the basis of disability, reasonable accommodations were denied, or qualification standards were unlawfully discriminatory.”); 2008 House Judiciary Committee Report (criticizing pre-ADAAA court decisions which “prevented individuals that Congress unquestionably intended to cover from ever getting a chance to prove their case”). Accordingly, the threshold coverage question of whether an individual's impairment is a disability under the ADA “should not demand extensive analysis.” ADAAA section 2(b)(5).
Section 1630.2(g)(2) provides that an individual may establish coverage under any one or more (or all three) of the prongs in the definition of disability. However, to be an individual with a disability, an individual is only required to satisfy one prong.
As § 1630.2(g)(3) indicates, in many cases it may be unnecessary for an individual to resort to coverage under the “actual disability” or “record of” prongs. Where the need for a reasonable accommodation is not at issue - for example, where there is no question that the individual is “qualified” without a reasonable accommodation and is not seeking or has not sought a reasonable accommodation - it would not be necessary to determine whether the individual is substantially limited in a major life activity (under the actual disability prong) or has a record of a substantially limiting impairment (under the record of prong). Such claims could be evaluated solely under the “regarded as” prong of the definition. In fact, Congress expected the first and second prongs of the definition of disability “to be used only by people who are affirmatively seeking reasonable accommodations * * *” and that “[a]ny individual who has been discriminated against because of an impairment - short of being granted a reasonable accommodation * * * - should be bringing a claim under the third prong of the definition which will require no showing with regard to the severity of his or her impairment.” Joint Hoyer-Sensenbrenner Statement at 4. An individual may choose, however, to proceed under the “actual disability” and/or “record of” prong regardless of whether the individual is challenging a covered entity's failure to make reasonable accommodation or requires a reasonable accommodation.
To fully understand the meaning of the term “disability,” it is also necessary to understand what is meant by the terms “physical or mental impairment,” “major life activity,” “substantially limits,” “record of,” and “regarded as.” Each of these terms is discussed below.
Section 1630.2(h) Physical or Mental Impairment
Neither the original ADA nor the ADAAA provides a definition for the terms “physical or mental impairment.” However, the legislative history of the Amendments Act notes that Congress “expect[s] that the current regulatory definition of these terms, as promulgated by agencies such as the U.S. Equal Employment Opportunity Commission (EEOC), the Department of Justice (DOJ) and the Department of Education Office of Civil Rights (DOE OCR) will not change.” 2008 Senate Statement of Managers at 6. The definition of “physical or mental impairment” in the EEOC's regulations remains based on the definition of the term “physical or mental impairment” found in the regulations implementing section 504 of the Rehabilitation Act at 34 CFR part 104. However, the definition in EEOC's regulations adds additional body systems to those provided in the section 504 regulations and makes clear that the list is non-exhaustive.
It is important to distinguish between conditions that are impairments and physical, psychological, environmental, cultural, and economic characteristics that are not impairments. The definition of the term “impairment” does not include physical characteristics such as eye color, hair color, left-handedness, or height, weight, or muscle tone that are within “normal” range and are not the result of a physiological disorder. The definition, likewise, does not include characteristic predisposition to illness or disease. Other conditions, such as pregnancy, that are not the result of a physiological disorder are also not impairments. However, a pregnancy-related impairment that substantially limits a major life activity is a disability under the first prong of the definition. Alternatively, a pregnancy-related impairment may constitute a “record of” a substantially limiting impairment,” or may be covered under the “regarded as” prong if it is the basis for a prohibited employment action and is not “transitory and minor.”
The definition of an impairment also does not include common personality traits such as poor judgment or a quick temper where these are not symptoms of a mental or psychological disorder. Environmental, cultural, or economic disadvantages such as poverty, lack of education, or a prison record are not impairments. Advanced age, in and of itself, is also not an impairment. However, various medical conditions commonly associated with age, such as hearing loss, osteoporosis, or arthritis would constitute impairments within the meaning of this part. See 1989 Senate Report at 22-23; 1990 House Labor Report at 51-52; 1990 House Judiciary Report at 28-29.
Section 1630.2(i) Major Life Activities
The ADAAA provided significant new guidance and clarification on the subject of “major life activities.” As the legislative history of the Amendments Act explains, Congress anticipated that protection under the ADA would now extend to a wider range of cases, in part as a result of the expansion of the category of major life activities. See 2008 Senate Statement of Managers at 8 n.17.
For purposes of clarity, the Amendments Act provides an illustrative list of major life activities, including caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. The ADA Amendments expressly made this statutory list of examples of major life activities non-exhaustive, and the regulations include sitting, reaching, and interacting with others as additional examples. Many of these major life activities listed in the ADA Amendments Act and the regulations already had been included in the EEOC's 1991 now-superseded regulations implementing title I of the ADA and in sub-regulatory documents, and already were recognized by the courts.
The ADA as amended also explicitly defines “major life activities” to include the operation of “major bodily functions.” This was an important addition to the statute. This clarification was needed to ensure that the impact of an impairment on the operation of a major bodily function would not be overlooked or wrongly dismissed as falling outside the definition of “major life activities” under the ADA. 2008 House Judiciary Committee Report at 16; See also 2008 Senate Statement of Managers at 8 (“for the first time [in the ADAAA], the category of ‘major life activities' is defined to include the operation of major bodily functions, thus better addressing chronic impairments that can be substantially limiting”).
The regulations include all of those major bodily functions identified in the ADA Amendments Act's non-exhaustive list of examples and add a number of others that are consistent with the body systems listed in the regulations' definition of “impairment” (at § 1630.2(h)) and with the U.S. Department of Labor's nondiscrimination and equal employment opportunity regulations implementing section 188 of the Workforce Investment Act of 1998, 29 U.S.C. 2801, et seq. Thus, special sense organs, skin, genitourinary, cardiovascular, hemic, lymphatic, and musculoskeletal functions are major bodily functions not included in the statutory list of examples but included in § 1630.2(i)(1)(ii). The Commission has added these examples to further illustrate the non-exhaustive list of major life activities, including major bodily functions, and to emphasize that the concept of major life activities is to be interpreted broadly consistent with the Amendments Act. The regulations also provide that the operation of a major bodily function may include the operation of an individual organ within a body system. This would include, for example, the operation of the kidney, liver, pancreas, or other organs.
The link between particular impairments and various major bodily functions should not be difficult to identify. Because impairments, by definition, affect the functioning of body systems, they will generally affect major bodily functions. For example, cancer affects an individual's normal cell growth; diabetes affects the operation of the pancreas and also the function of the endocrine system; and Human Immunodeficiency Virus (HIV) infection affects the immune system. Likewise, sickle cell disease affects the functions of the hemic system, lymphedema affects lymphatic functions, and rheumatoid arthritis affects musculoskeletal functions.
In the legislative history of the ADAAA, Congress expressed its expectation that the statutory expansion of “major life activities” to include major bodily functions (along with other statutory changes) would lead to more expansive coverage. See 2008 Senate Statement of Managers at 8 n.17 (indicating that these changes will make it easier for individuals to show that they are eligible for the ADA's protections under the first prong of the definition of disability). The House Education and Labor Committee explained that the inclusion of major bodily functions would “affect cases such as U.S. v. Happy Time Day Care Ctr. in which the courts struggled to analyze whether the impact of HIV infection substantially limits various major life activities of a five-year-old child, and recognizing, among other things, that ‘there is something inherently illogical about inquiring whether' a five-year-old's ability to procreate is substantially limited by his HIV infection; Furnish v. SVI Sys., Inc, in which the court found that an individual with cirrhosis of the liver caused by Hepatitis B is not disabled because liver function - unlike eating, working, or reproducing - ‘is not integral to one's daily existence;' and Pimental v. Dartmouth-Hitchcock Clinic, in which the court concluded that the plaintiff's stage three breast cancer did not substantially limit her ability to care for herself, sleep, or concentrate. The Committee expects that the plaintiffs in each of these cases could establish a [substantial limitation] on major bodily functions that would qualify them for protection under the ADA.” 2008 House Education and Labor Committee Report at 12.
The examples of major life activities (including major bodily functions) in the ADAAA and the EEOC's regulations are illustrative and non-exhaustive, and the absence of a particular life activity or bodily function from the examples does not create a negative implication as to whether an omitted activity or function constitutes a major life activity under the statute. See 2008 Senate Statement of Managers at 8; See also 2008 House Committee on Educ. and Labor Report at 11; 2008 House Judiciary Committee Report at 17.
The Commission anticipates that courts will recognize other major life activities, consistent with the ADA Amendments Act's mandate to construe the definition of disability broadly. As a result of the ADA Amendments Act's rejection of the holding in Toyota Motor Mfg., Ky., Inc. v. Williams,534 U.S. 184 (2002), whether an activity is a “major life activity” is not determined by reference to whether it is of “central importance to daily life.” See Toyota, 534 U.S. at 197 (defining “major life activities” as activities that are of “central importance to most people's daily lives”). Indeed, this holding was at odds with the earlier Supreme Court decision of Bragdon v. Abbott,524 U.S. 624 (1998), which held that a major life activity (in that case, reproduction) does not have to have a “public, economic or daily aspect.” Id. at 639.
Accordingly, the regulations provide that in determining other examples of major life activities, the term “major” shall not be interpreted strictly to create a demanding standard for disability. Cf. 2008 Senate Statement of Managers at 7 (indicating that a person is considered an individual with a disability for purposes of the first prong when one or more of the individual's “important life activities” are restricted) (citing 1989 Senate Report at 23). The regulations also reject the notion that to be substantially limited in performing a major life activity, an individual must have an impairment that prevents or severely restricts the individual from doing “activities that are of central importance to most people's daily lives.” Id.; see also 2008 Senate Statement of Managers at 5 n.12.
Thus, for example, lifting is a major life activity regardless of whether an individual who claims to be substantially limited in lifting actually performs activities of central importance to daily life that require lifting. Similarly, the Commission anticipates that the major life activity of performing manual tasks (which was at issue in Toyota) could have many different manifestations, such as performing tasks involving fine motor coordination, or performing tasks involving grasping, hand strength, or pressure. Such tasks need not constitute activities of central importance to most people's daily lives, nor must an individual show that he or she is substantially limited in performing all manual tasks.
Section 1630.2(j) Substantially Limits
In any case involving coverage solely under the “regarded as” prong of the definition of “disability” (e.g., cases where reasonable accommodation is not at issue), it is not necessary to determine whether an individual is “substantially limited” in any major life activity. See 2008 Senate Statement of Managers at 10; id. at 13 (“The functional limitation imposed by an impairment is irrelevant to the third ‘regarded as' prong.”). Indeed, Congress anticipated that the first and second prongs of the definition of disability would “be used only by people who are affirmatively seeking reasonable accommodations * * * ” and that “[a]ny individual who has been discriminated against because of an impairment - short of being granted a reasonable accommodation * * * - should be bringing a claim under the third prong of the definition which will require no showing with regard to the severity of his or her impairment.” Joint Hoyer-Sensenbrenner Statement at 4. Of course, an individual may choose, however, to proceed under the “actual disability” and/or “record of” prong regardless of whether the individual is challenging a covered entity's failure to make reasonable accommodations or requires a reasonable accommodation. The concept of “substantially limits” is only relevant in cases involving coverage under the “actual disability” or “record of” prong of the definition of disability. Thus, the information below pertains to these cases only.
Section 1630.2(j)(1) Rules of Construction
It is clear in the text and legislative history of the ADAAA that Congress concluded the courts had incorrectly construed “substantially limits,” and disapproved of the EEOC's now-superseded 1991 regulation defining the term to mean “significantly restricts.” See 2008 Senate Statement of Managers at 6 (“We do not believe that the courts have correctly instituted the level of coverage we intended to establish with the term ‘substantially limits' in the ADA” and “we believe that the level of limitation, and the intensity of focus, applied by the Supreme Court in Toyota goes beyond what we believe is the appropriate standard to create coverage under this law.”). Congress extensively deliberated over whether a new term other than “substantially limits” should be adopted to denote the appropriate functional limitation necessary under the first and second prongs of the definition of disability. See 2008 Senate Statement of Managers at 6-7. Ultimately, Congress affirmatively opted to retain this term in the Amendments Act, rather than replace it. It concluded that “adopting a new, undefined term that is subject to widely disparate meanings is not the best way to achieve the goal of ensuring consistent and appropriately broad coverage under this Act.” Id. Instead, Congress determined “a better way * * * to express [its] disapproval of Sutton and Toyota (along with the current EEOC regulation) is to retain the words ‘substantially limits,' but clarify that it is not meant to be a demanding standard.” Id. at 7. To achieve that goal, Congress set forth detailed findings and purposes and “rules of construction” to govern the interpretation and application of this concept going forward. See ADAAA Sections 2-4; 42 U.S.C. 12102(4).
The Commission similarly considered whether to provide a new definition of “substantially limits” in the regulation. Following Congress's lead, however, the Commission ultimately concluded that a new definition would inexorably lead to greater focus and intensity of attention on the threshold issue of coverage than intended by Congress. Therefore, the regulations simply provide rules of construction that must be applied in determining whether an impairment substantially limits (or substantially limited) a major life activity. These are each discussed in greater detail below.
Section 1630.2(j)(1)(i) Broad Construction; not a Demanding Standard
Section 1630.2(j)(1)(i) states: “The term ‘substantially limits’ shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. ‘Substantially limits’ is not meant to be a demanding standard.”
Congress stated in the ADA Amendments Act that the definition of disability “shall be construed in favor of broad coverage,” and that “the term ‘substantially limits' shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.” 42 U.S.C. 12101(4)(A)-(B), as amended. “This is a textual provision that will legally guide the agencies and courts in properly interpreting the term ‘substantially limits.’ ” Hoyer-Sensenbrenner Congressional Record Statement at H8295. As Congress noted in the legislative history of the ADAAA, “[t]o be clear, the purposes section conveys our intent to clarify not only that ‘substantially limits’ should be measured by a lower standard than that used in Toyota, but also that the definition of disability should not be unduly used as a tool for excluding individuals from the ADA's protections.” 2008 Senate Statement of Managers at 5 (also stating that “[t]his rule of construction, together with the rule of construction providing that the definition of disability shall be construed in favor of broad coverage of individuals sends a clear signal of our intent that the courts must interpret the definition of disability broadly rather than stringently”). Put most succinctly, “substantially limits” “is not meant to be a demanding standard.” 2008 Senate Statement of Managers at 7.
Section 1630.2(j)(1)(ii) Significant or Severe Restriction Not Required; Nonetheless, Not Every Impairment Is Substantially Limiting
Section 1630.2(j)(1)(ii) states: “An impairment is a disability within the meaning of this section if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment need not prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting. Nonetheless, not every impairment will constitute a ‘disability’ within the meaning of this section.”
In keeping with the instruction that the term “substantially limits” is not meant to be a demanding standard, the regulations provide that an impairment is a disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. However, to be substantially limited in performing a major life activity an individual need not have an impairment that prevents or significantly or severely restricts the individual from performing a major life activity. See 2008 Senate Statement of Managers at 2, 6-8 & n.14; 2008 House Committee on Educ. and Labor Report at 9-10 (“While the limitation imposed by an impairment must be important, it need not rise to the level of severely restricting or significantly restricting the ability to perform a major life activity to qualify as a disability.”); 2008 House Judiciary Committee Report at 16 (similarly requiring an “important” limitation). The level of limitation required is “substantial” as compared to most people in the general population, which does not require a significant or severe restriction. Multiple impairments that combine to substantially limit one or more of an individual's major life activities also constitute a disability. Nonetheless, not every impairment will constitute a “disability” within the meaning of this section. See 2008 Senate Statement of Managers at 4 (“We reaffirm that not every individual with a physical or mental impairment is covered by the first prong of the definition of disability in the ADA.”)
Section 1630.2(j)(1)(iii) Substantial Limitation Should Not Be Primary Object of Attention; Extensive Analysis Not Needed
Section 1630.2(j)(1)(iii) states: “The primary object of attention in cases brought under the ADA should be whether covered entities have complied with their obligations, not whether an individual's impairment substantially limits a major life activity. Accordingly, the threshold issue of whether an impairment ‘substantially limits' a major life activity should not demand extensive analysis.”
Congress retained the term “substantially limits” in part because it was concerned that adoption of a new phrase - and the resulting need for further judicial scrutiny and construction - would not “help move the focus from the threshold issue of disability to the primary issue of discrimination.” 2008 Senate Statement of Managers at 7.
This was the primary problem Congress sought to solve in enacting the ADAAA. It recognized that “clearing the initial [disability] threshold is critical, as individuals who are excluded from the definition ‘never have the opportunity to have their condition evaluated in light of medical evidence and a determination made as to whether they [are] ‘otherwise qualified.’ ” 2008 House Judiciary Committee Report at 7; See also id. (expressing concern that “[a]n individual who does not qualify as disabled does not meet th[e] threshold question of coverage in the protected class and is therefore not permitted to attempt to prove his or her claim of discriminatory treatment”); 2008 Senate Statement of Managers at 4 (criticizing pre-ADAAA lower court cases that “too often turned solely on the question of whether the plaintiff is an individual with a disability rather than the merits of discrimination claims, such as whether adverse decisions were impermissibly made by the employer on the basis of disability, reasonable accommodations were denied, or qualification standards were unlawfully discriminatory”).
Accordingly, the Amendments Act and the amended regulations make plain that the emphasis in ADA cases now should be squarely on the merits and not on the initial coverage question. The revised regulations therefore provide that an impairment is a disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population and deletes the language to which Congress objected. The Commission believes that this provides a useful framework in which to analyze whether an impairment satisfies the definition of disability. Further, this framework better reflects Congress's expressed intent in the ADA Amendments Act that the definition of the term “disability” shall be construed broadly, and is consistent with statements in the Amendments Act's legislative history. See 2008 Senate Statement of Managers at 7 (stating that “adopting a new, undefined term” and the “resulting need for further judicial scrutiny and construction will not help move the focus from the threshold issue of disability to the primary issue of discrimination,” and finding that “ ‘substantially limits' as construed consistently with the findings and purposes of this legislation establishes an appropriate functionality test of determining whether an individual has a disability” and that “using the correct standard - one that is lower than the strict or demanding standard created by the Supreme Court in Toyota - will make the disability determination an appropriate threshold issue but not an onerous burden for those seeking accommodations or modifications”).
Consequently, this rule of construction makes clear that the question of whether an impairment substantially limits a major life activity should not demand extensive analysis. As the legislative history explains, “[w]e expect that courts interpreting [the ADA] will not demand such an extensive analysis over whether a person's physical or mental impairment constitutes a disability.” Hoyer-Sensenbrenner Congressional Record Statement at H8295; see id. (“Our goal throughout this process has been to simplify that analysis.”)
Section 1630.2(j)(1)(iv) Individualized Assessment Required, But With Lower Standard Than Previously Applied
Section 1630.2(j)(1)(iv) states: “The determination of whether an impairment substantially limits a major life activity requires an individualized assessment. However, in making this assessment, the term ‘substantially limits' shall be interpreted and applied to require a degree of functional limitation that is lower than the standard for ‘substantially limits' applied prior to the ADAAA.”
By retaining the essential elements of the definition of disability including the key term “substantially limits,” Congress reaffirmed that not every individual with a physical or mental impairment is covered by the first prong of the definition of disability in the ADA. See 2008 Senate Statement of Managers at 4. To be covered under the first prong of the definition, an individual must establish that an impairment substantially limits a major life activity. That has not changed - nor will the necessity of making this determination on an individual basis. Id. However, what the ADAAA changed is the standard required for making this determination. Id. at 4-5.
The Amendments Act and the EEOC's regulations explicitly reject the standard enunciated by the Supreme Court in Toyota Motor Mfg., Ky., Inc. v. Williams,534 U.S. 184 (2002), and applied in the lower courts in numerous cases. See ADAAA section 2(b)(4). That previous standard created “an inappropriately high level of limitation necessary to obtain coverage under the ADA.” Id. at section 2(b)(5). The Amendments Act and the EEOC's regulations reject the notion that “substantially limits” should be interpreted strictly to create a demanding standard for qualifying as disabled. Id. at section 2(b)(4). Instead, the ADAAA and these regulations establish a degree of functional limitation required for an impairment to constitute a disability that is consistent with what Congress originally intended. 2008 Senate Statement of Managers at 7. This will make the disability determination an appropriate threshold issue but not an onerous burden for those seeking to prove discrimination under the ADA. Id.
Section 1630.2(j)(1)(v) Scientific, Medical, or Statistical Analysis Not Required, But Permissible When Appropriate
Section 1630.2(j)(1)(v) states: “The comparison of an individual's performance of a major life activity to the performance of the same major life activity by most people in the general population usually will not require scientific, medical, or statistical analysis. Nothing in this paragraph is intended, however, to prohibit the presentation of scientific, medical, or statistical evidence to make such a comparison where appropriate.”
The term “average person in the general population,” as the basis of comparison for determining whether an individual's impairment substantially limits a major life activity, has been changed to “most people in the general population.” This revision is not a substantive change in the concept, but rather is intended to conform the language to the simpler and more straightforward terminology used in the legislative history to the Amendments Act. The comparison between the individual and “most people” need not be exacting, and usually will not require scientific, medical, or statistical analysis. Nothing in this subparagraph is intended, however, to prohibit the presentation of scientific, medical, or statistical evidence to make such a comparison where appropriate.
The comparison to most people in the general population continues to mean a comparison to other people in the general population, not a comparison to those similarly situated. For example, the ability of an individual with an amputated limb to perform a major life activity is compared to other people in the general population, not to other amputees. This does not mean that disability cannot be shown where an impairment, such as a learning disability, is clinically diagnosed based in part on a disparity between an individual's aptitude and that individual's actual versus expected achievement, taking into account the person's chronological age, measured intelligence, and age-appropriate education. Individuals diagnosed with dyslexia or other learning disabilities will typically be substantially limited in performing activities such as learning, reading, and thinking when compared to most people in the general population, particularly when the ameliorative effects of mitigating measures, including therapies, learned behavioral or adaptive neurological modifications, assistive devices (e.g., audio recordings, screen reading devices, voice activated software), studying longer, or receiving more time to take a test, are disregarded as required under the ADA Amendments Act.
Section 1630.2(j)(1)(vi) Mitigating Measures
Section 1630.2(j)(1)(vi) states: “The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures. However, the ameliorative effects of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.”
The ameliorative effects of mitigating measures shall not be considered in determining whether an impairment substantially limits a major life activity. Thus, “[w]ith the exception of ordinary eyeglasses and contact lenses, impairments must be examined in their unmitigated state.” See 2008 Senate Statement of Managers at 5.
This provision in the ADAAA and the EEOC's regulations “is intended to eliminate the catch-22 that exist[ed] * * * where individuals who are subjected to discrimination on the basis of their disabilities [we]re frequently unable to invoke the ADA's protections because they [we]re not considered people with disabilities when the effects of their medication, medical supplies, behavioral adaptations, or other interventions [we]re considered.” Joint Hoyer-Sensenbrenner Statement at 2; See also 2008 Senate Statement of Managers at 9 (“This provision is intended to eliminate the situation created under [prior] law in which impairments that are mitigated [did] not constitute disabilities but [were the basis for discrimination].”). To the extent cases pre-dating the 2008 Amendments Act reasoned otherwise, they are contrary to the law as amended. See 2008 House Judiciary Committee Report at 9 & nn.25, 20-21 (citing, e.g., McClure v. General Motors Corp., 75 F. App'x 983 (5th Cir. 2003) (court held that individual with muscular dystrophy who, with the mitigating measure of “adapting” how he performed manual tasks, had successfully learned to live and work with his disability was therefore not an individual with a disability); Orr v. Wal-Mart Stores, Inc., 297 F.3d 720 (8th Cir. 2002) (court held that Sutton v. United Air Lines, Inc.,527 U.S. 471 (1999), required consideration of the ameliorative effects of plaintiff's careful regimen of medicine, exercise and diet, and declined to consider impact of uncontrolled diabetes on plaintiff's ability to see, speak, read, and walk); Gonzales v. National Bd. of Med. Examiners, 225 F.3d 620 (6th Cir. 2000) (where the court found that an individual with a diagnosed learning disability was not substantially limited after considering the impact of self-accommodations that allowed him to read and achieve academic success); McMullin v. Ashcroft, 337 F. Supp. 2d 1281 (D. Wyo. 2004) (individual fired because of clinical depression not protected because of the successful management of the condition with medication for fifteen years); Eckhaus v. Consol. Rail Corp., 2003 WL 23205042 (D.N.J. Dec. 24, 2003) (individual fired because of a hearing impairment was not protected because a hearing aid helped correct that impairment); Todd v. Academy Corp., 57 F. Supp. 2d 448, 452 (S.D. Tex. 1999) (court held that because medication reduced the frequency and intensity of plaintiff's seizures, he was not disabled)).
An individual who, because of the use of a mitigating measure, has experienced no limitations, or only minor limitations, related to the impairment may still be an individual with a disability, where there is evidence that in the absence of an effective mitigating measure the individual's impairment would be substantially limiting. For example, someone who began taking medication for hypertension before experiencing substantial limitations related to the impairment would still be an individual with a disability if, without the medication, he or she would now be substantially limited in functions of the cardiovascular or circulatory system.
Evidence showing that an impairment would be substantially limiting in the absence of the ameliorative effects of mitigating measures could include evidence of limitations that a person experienced prior to using a mitigating measure, evidence concerning the expected course of a particular disorder absent mitigating measures, or readily available and reliable information of other types. However, we expect that consistent with the Amendments Act's command (and the related rules of construction in the regulations) that the definition of disability “should not demand extensive analysis,” covered entities and courts will in many instances be able to conclude that a substantial limitation has been shown without resort to such evidence.
The Amendments Act provides an “illustrative but non-comprehensive list of the types of mitigating measures that are not to be considered.” See 2008 Senate Statement of Managers at 9. Section 1630.2(j)(5) of the regulations includes all of those mitigating measures listed in the ADA Amendments Act's illustrative list of mitigating measures, including reasonable accommodations (as applied under title I) or “auxiliary aids or services” (as defined by 42 U.S.C. 12103(1) and applied under titles II and III).
Since it would be impossible to guarantee comprehensiveness in a finite list, the list of examples of mitigating measures provided in the ADA and the regulations is non-exhaustive. See 2008 House Judiciary Committee Report at 20. The absence of any particular mitigating measure from the list in the regulations should not convey a negative implication as to whether the measure is a mitigating measure under the ADA. See 2008 Senate Statement of Managers at 9.
For example, the fact that mitigating measures include “reasonable accommodations” generally makes it unnecessary to mention specific kinds of accommodations. Nevertheless, the use of a service animal, job coach, or personal assistant on the job would certainly be considered types of mitigating measures, as would the use of any device that could be considered assistive technology, and whether individuals who use these measures have disabilities would be determined without reference to their ameliorative effects. See 2008 House Judiciary Committee Report at 20; 2008 House Educ. & Labor Rep. at 15. Similarly, adaptive strategies that might mitigate, or even allow an individual to otherwise avoid performing particular major life activities, are mitigating measures and also would not be considered in determining whether an impairment is substantially limiting. Id.
The determination of whether or not an individual's impairment substantially limits a major life activity is unaffected by whether the individual chooses to forgo mitigating measures. For individuals who do not use a mitigating measure (including for example medication or reasonable accommodation that could alleviate the effects of an impairment), the availability of such measures has no bearing on whether the impairment substantially limits a major life activity. The limitations posed by the impairment on the individual and any negative (non-ameliorative) effects of mitigating measures used determine whether an impairment is substantially limiting. The origin of the impairment, whether its effects can be mitigated, and any ameliorative effects of mitigating measures in fact used may not be considered in determining if the impairment is substantially limiting. However, the use or non-use of mitigating measures, and any consequences thereof, including any ameliorative and non-ameliorative effects, may be relevant in determining whether the individual is qualified or poses a direct threat to safety.
The ADA Amendments Act and the regulations state that “ordinary eyeglasses or contact lenses” shall be considered in determining whether someone has a disability. This is an exception to the rule that the ameliorative effects of mitigating measures are not to be taken into account. “The rationale behind this exclusion is that the use of ordinary eyeglasses or contact lenses, without more, is not significant enough to warrant protection under the ADA.” Joint Hoyer-Sensenbrenner Statement at 2. Nevertheless, as discussed in greater detail below at § 1630.10(b), if an applicant or employee is faced with a qualification standard that requires uncorrected vision (as the plaintiffs in the Sutton case were), and the applicant or employee who is adversely affected by the standard brings a challenge under the ADA, an employer will be required to demonstrate that the qualification standard is job related and consistent with business necessity. 2008 Senate Statement of Managers at 9.
The ADAAA and the EEOC's regulations both define the term “ordinary eyeglasses or contact lenses” as lenses that are “intended to fully correct visual acuity or eliminate refractive error.” So, if an individual with severe myopia uses eyeglasses or contact lenses that are intended to fully correct visual acuity or eliminate refractive error, they are ordinary eyeglasses or contact lenses, and therefore any inquiry into whether such individual is substantially limited in seeing or reading would be based on how the individual sees or reads with the benefit of the eyeglasses or contact lenses. Likewise, if the only visual loss an individual experiences affects the ability to see well enough to read, and the individual's ordinary reading glasses are intended to completely correct for this visual loss, the ameliorative effects of using the reading glasses must be considered in determining whether the individual is substantially limited in seeing. Additionally, eyeglasses or contact lenses that are the wrong prescription or an outdated prescription may nevertheless be “ordinary” eyeglasses or contact lenses, if a proper prescription would fully correct visual acuity or eliminate refractive error.
Both the statute and the regulations distinguish “ordinary eyeglasses or contact lenses” from “low vision devices,” which function by magnifying, enhancing, or otherwise augmenting a visual image, and which are not considered when determining whether someone has a disability. The regulations do not establish a specific level of visual acuity (e.g., 20/20) as the basis for determining whether eyeglasses or contact lenses should be considered “ordinary” eyeglasses or contact lenses. Whether lenses fully correct visual acuity or eliminate refractive error is best determined on a case-by-case basis, in light of current and objective medical evidence. Moreover, someone who uses ordinary eyeglasses or contact lenses is not automatically considered to be outside the ADA's protection. Such an individual may demonstrate that, even with the use of ordinary eyeglasses or contact lenses, his vision is still substantially limited when compared to most people.
Section 1630.2(j)(1)(vii) Impairments That Are Episodic or in Remission
Section 1630.2(j)(1)(vii) states: “An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.”
An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity in its active state. “This provision is intended to reject the reasoning of court decisions concluding that certain individuals with certain conditions - such as epilepsy or post traumatic stress disorder - were not protected by the ADA because their conditions were episodic or intermittent.” Joint Hoyer-Sensenbrenner Statement at 2-3. The legislative history provides: “This * * * rule of construction thus rejects the reasoning of the courts in cases like Todd v. Academy Corp. [57 F. Supp. 2d 448, 453 (S.D. Tex. 1999)] where the court found that the plaintiff's epilepsy, which resulted in short seizures during which the plaintiff was unable to speak and experienced tremors, was not sufficiently limiting, at least in part because those seizures occurred episodically. It similarly rejects the results reached in cases [such as Pimental v. Dartmouth-Hitchock Clinic, 236 F. Supp. 2d 177, 182-83 (D.N.H. 2002)] where the courts have discounted the impact of an impairment [such as cancer] that may be in remission as too short-lived to be substantially limiting. It is thus expected that individuals with impairments that are episodic or in remission (e.g., epilepsy, multiple sclerosis, cancer) will be able to establish coverage if, when active, the impairment or the manner in which it manifests (e.g., seizures) substantially limits a major life activity.” 2008 House Judiciary Committee Report at 19-20.
Other examples of impairments that may be episodic include, but are not limited to, hypertension, diabetes, asthma, major depressive disorder, bipolar disorder, and schizophrenia. See 2008 House Judiciary Committee Report at 19-20. The fact that the periods during which an episodic impairment is active and substantially limits a major life activity may be brief or occur infrequently is no longer relevant to determining whether the impairment substantially limits a major life activity. For example, a person with post-traumatic stress disorder who experiences intermittent flashbacks to traumatic events is substantially limited in brain function and thinking.
Section 1630.2(j)(1)(viii) Substantial Limitation in Only One Major Life Activity Required
Section 1630.2(j)(1)(viii) states: “An impairment that substantially limits one major life activity need not substantially limit other major life activities in order to be considered a substantially limiting impairment.”
The ADAAA explicitly states that an impairment need only substantially limit one major life activity to be considered a disability under the ADA. See ADAAA Section 4(a); 42 U.S.C. 12102(4)(C). “This responds to and corrects those courts that have required individuals to show that an impairment substantially limits more than one life activity.” 2008 Senate Statement of Managers at 8. In addition, this rule of construction is “intended to clarify that the ability to perform one or more particular tasks within a broad category of activities does not preclude coverage under the ADA.” Id. To the extent cases pre-dating the applicability of the 2008 Amendments Act reasoned otherwise, they are contrary to the law as amended. Id. (citing Holt v. Grand Lake Mental Health Ctr., Inc., 443 F. 3d 762 (10th Cir. 2006) (holding an individual with cerebral palsy who could not independently perform certain specified manual tasks was not substantially limited in her ability to perform a “broad range” of manual tasks)); See also 2008 House Judiciary Committee Report at 19 & n.52 (this legislatively corrects court decisions that, with regard to the major life activity of performing manual tasks, “have offset substantial limitation in the performance of some tasks with the ability to perform others” (citing Holt)).
For example, an individual with diabetes is substantially limited in endocrine function and thus an individual with a disability under the first prong of the definition. He need not also show that he is substantially limited in eating to qualify for coverage under the first prong. An individual whose normal cell growth is substantially limited due to lung cancer need not also show that she is substantially limited in breathing or respiratory function. And an individual with HIV infection is substantially limited in the function of the immune system, and therefore is an individual with a disability without regard to whether his or her HIV infection substantially limits him or her in reproduction.
In addition, an individual whose impairment substantially limits a major life activity need not additionally demonstrate a resulting limitation in the ability to perform activities of central importance to daily life in order to be considered an individual with a disability under § 1630.2(g)(1)(i) or § 1630.2(g)(1)(ii), as cases relying on the Supreme Court's decision in Toyota Motor Mfg., Ky., Inc. v. Williams,534 U.S. 184 (2002), had held prior to the ADA Amendments Act.
Thus, for example, someone with an impairment resulting in a 20-pound lifting restriction that lasts or is expected to last for several months is substantially limited in the major life activity of lifting, and need not also show that he is unable to perform activities of daily living that require lifting in order to be considered substantially limited in lifting. Similarly, someone with monocular vision whose depth perception or field of vision would be substantially limited, with or without any compensatory strategies the individual may have developed, need not also show that he is unable to perform activities of central importance to daily life that require seeing in order to be substantially limited in seeing.
Section 1630.2(j)(1)(ix) Effects of an Impairment Lasting Fewer Than Six Months Can Be Substantially Limiting
Section 1630.2(j)(1)(ix) states: “The six-month ‘transitory' part of the ‘transitory and minor' exception to ‘regarded as' coverage in § 1630.2(l) does not apply to the definition of ‘disability' under § 1630.2(g)(1)(i) or § 1630.2(g)(1)(ii). The effects of an impairment lasting or expected to last fewer than six months can be substantially limiting within the meaning of this section.”
The regulations include a clear statement that the definition of an impairment as transitory, that is, “lasting or expected to last for six months or less,” only applies to the “regarded as” (third) prong of the definition of “disability” as part of the “transitory and minor” defense to “regarded as” coverage. It does not apply to the first or second prong of the definition of disability. See Joint Hoyer-Sensenbrenner Statement at 3 (“[T]here is no need for the transitory and minor exception under the first two prongs because it is clear from the statute and the legislative history that a person can only bring a claim if the impairment substantially limits one or more major life activities or the individual has a record of an impairment that substantially limits one or more major life activities.”).
Therefore, an impairment does not have to last for more than six months in order to be considered substantially limiting under the first or the second prong of the definition of disability. For example, as noted above, if an individual has a back impairment that results in a 20-pound lifting restriction that lasts for several months, he is substantially limited in the major life activity of lifting, and therefore covered under the first prong of the definition of disability. At the same time, “[t]he duration of an impairment is one factor that is relevant in determining whether the impairment substantially limits a major life activity. Impairments that last only for a short period of time are typically not covered, although they may be covered if sufficiently severe.” Joint Hoyer-Sensenbrenner Statement at 5.
Section 1630.2(j)(3) Predictable Assessments
As the regulations point out, disability is determined based on an individualized assessment. There is no “per se” disability. However, as recognized in the regulations, the individualized assessment of some kinds of impairments will virtually always result in a determination of disability. The inherent nature of these types of medical conditions will in virtually all cases give rise to a substantial limitation of a major life activity. Cf. Heiko v. Columbo Savings Bank, F.S.B., 434 F.3d 249, 256 (4th Cir. 2006) (stating, even pre-ADAAA, that “certain impairments are by their very nature substantially limiting: the major life activity of seeing, for example, is always substantially limited by blindness”). Therefore, with respect to these types of impairments, the necessary individualized assessment should be particularly simple and straightforward.
This result is the consequence of the combined effect of the statutory changes to the definition of disability contained in the Amendments Act and flows from application of the rules of construction set forth in §§ 1630.2(j)(1)(i)-(ix) (including the lower standard for “substantially limits”; the rule that major life activities include major bodily functions; the principle that impairments that are episodic or in remission are disabilities if they would be substantially limiting when active; and the requirement that the ameliorative effects of mitigating measures (other than ordinary eyeglasses or contact lenses) must be disregarded in assessing whether an individual has a disability).
The regulations at § 1630.2(j)(3)(iii) provide examples of the types of impairments that should easily be found to substantially limit a major life activity. The legislative history states that Congress modeled the ADA definition of disability on the definition contained in the Rehabilitation Act, and said it wished to return courts to the way they had construed that definition. See 2008 House Judiciary Committee Report at 6. Describing this goal, the legislative history states that courts had interpreted the Rehabilitation Act definition “broadly to include persons with a wide range of physical and mental impairments such as epilepsy, diabetes, multiple sclerosis, and intellectual and developmental disabilities * * * even where a mitigating measure - like medication or a hearing aid - might lessen their impact on the individual.” Id.; See also id. at 9 (referring to individuals with disabilities that had been covered under the Rehabilitation Act and that Congress intended to include under the ADA - “people with serious health conditions like epilepsy, diabetes, cancer, cerebral palsy, multiple sclerosis, intellectual and developmental disabilities”); id. at n.6 (citing cases also finding that cerebral palsy, hearing impairments, mental retardation, heart disease, and vision in only one eye were disabilities under the Rehabilitation Act); id. at 10 (citing testimony from Rep. Steny H. Hoyer, one of the original lead sponsors of the ADA in 1990, stating that “we could not have fathomed that people with diabetes, epilepsy, heart conditions, cancer, mental illnesses and other disabilities would have their ADA claims denied because they would be considered too functional to meet the definition of disability”); 2008 Senate Statement of Managers at 3 (explaining that “we [we]re faced with a situation in which physical or mental impairments that would previously [under the Rehabilitation Act] have been found to constitute disabilities [we]re not considered disabilities” and citing individuals with impairments such as amputation, intellectual disabilities, epilepsy, multiple sclerosis, diabetes, muscular dystrophy, and cancer as examples).
Of course, the impairments listed in subparagraph 1630.2(j)(3)(iii) may substantially limit a variety of other major life activities in addition to those listed in the regulation. For example, mobility impairments requiring the use of a wheelchair substantially limit the major life activity of walking. Diabetes may substantially limit major life activities such as eating, sleeping, and thinking. Major depressive disorder may substantially limit major life activities such as thinking, concentrating, sleeping, and interacting with others. Multiple sclerosis may substantially limit major life activities such as walking, bending, and lifting.
By using the term “brain function” to describe the system affected by various mental impairments, the Commission is expressing no view on the debate concerning whether mental illnesses are caused by environmental or biological factors, but rather intends the term to capture functions such as the ability of the brain to regulate thought processes and emotions.
Section 1630.2(j)(4) Condition, Manner, or Duration
The regulations provide that facts such as the “condition, manner, or duration” of an individual's performance of a major life activity may be useful in determining whether an impairment results in a substantial limitation. In the legislative history of the ADAAA, Congress reiterated what it had said at the time of the original ADA: “A person is considered an individual with a disability for purposes of the first prong of the definition when [one or more of] the individual's important life activities are restricted as to the conditions, manner, or duration under which they can be performed in comparison to most people.” 2008 Senate Statement of Managers at 7 (citing 1989 Senate Report at 23). According to Congress: “We particularly believe that this test, which articulated an analysis that considered whether a person's activities are limited in condition, duration and manner, is a useful one. We reiterate that using the correct standard - one that is lower than the strict or demanding standard created by the Supreme Court in Toyota - will make the disability determination an appropriate threshold issue but not an onerous burden for those seeking accommodations * * *. At the same time, plaintiffs should not be constrained from offering evidence needed to establish that their impairment is substantially limiting.” 2008 Senate Statement of Managers at 7.
Consistent with the legislative history, an impairment may substantially limit the “condition” or “manner” under which a major life activity can be performed in a number of ways. For example, the condition or manner under which a major life activity can be performed may refer to the way an individual performs a major life activity. Thus, the condition or manner under which a person with an amputated hand performs manual tasks will likely be more cumbersome than the way that someone with two hands would perform the same tasks.
Condition or manner may also describe how performance of a major life activity affects the individual with an impairment. For example, an individual whose impairment causes pain or fatigue that most people would not experience when performing that major life activity may be substantially limited. Thus, the condition or manner under which someone with coronary artery disease performs the major life activity of walking would be substantially limiting if the individual experiences shortness of breath and fatigue when walking distances that most people could walk without experiencing such effects. Similarly, condition or manner may refer to the extent to which a major life activity, including a major bodily function, can be performed. For example, the condition or manner under which a major bodily function can be performed may be substantially limited when the impairment “causes the operation [of the bodily function] to over-produce or under-produce in some harmful fashion.” See 2008 House Judiciary Committee Report at 17.
“Duration” refers to the length of time an individual can perform a major life activity or the length of time it takes an individual to perform a major life activity, as compared to most people in the general population. For example, a person whose back or leg impairment precludes him or her from standing for more than two hours without significant pain would be substantially limited in standing, since most people can stand for more than two hours without significant pain. However, a person who can walk for ten miles continuously is not substantially limited in walking merely because on the eleventh mile, he or she begins to experience pain because most people would not be able to walk eleven miles without experiencing some discomfort. See 2008 Senate Statement of Managers at 7 (citing 1989 Senate Report at 23).
The regulations provide that in assessing substantial limitation and considering facts such as condition, manner, or duration, the non-ameliorative effects of mitigating measures may be considered. Such “non-ameliorative effects” could include negative side effects of medicine, burdens associated with following a particular treatment regimen, and complications that arise from surgery, among others. Of course, in many instances, it will not be necessary to assess the negative impact of a mitigating measure in determining that a particular impairment substantially limits a major life activity. For example, someone with end-stage renal disease is substantially limited in kidney function, and it thus is not necessary to consider the burdens that dialysis treatment imposes.
Condition, manner, or duration may also suggest the amount of time or effort an individual has to expend when performing a major life activity because of the effects of an impairment, even if the individual is able to achieve the same or similar result as someone without the impairment. For this reason, the regulations include language which says that the outcome an individual with a disability is able to achieve is not determinative of whether he or she is substantially limited in a major life activity.
Thus, someone with a learning disability may achieve a high level of academic success, but may nevertheless be substantially limited in the major life activity of learning because of the additional time or effort he or she must spend to read, write, or learn compared to most people in the general population. As Congress emphasized in passing the Amendments Act, “[w]hen considering the condition, manner, or duration in which an individual with a specific learning disability performs a major life activity, it is critical to reject the assumption that an individual who has performed well academically cannot be substantially limited in activities such as learning, reading, writing, thinking, or speaking.” 2008 Senate Statement of Managers at 8. Congress noted that: “In particular, some courts have found that students who have reached a high level of academic achievement are not to be considered individuals with disabilities under the ADA, as such individuals may have difficulty demonstrating substantial limitation in the major life activities of learning or reading relative to ‘most people.' When considering the condition, manner or duration in which an individual with a specific learning disability performs a major life activity, it is critical to reject the assumption that an individual who performs well academically or otherwise cannot be substantially limited in activities such as learning, reading, writing, thinking, or speaking. As such, the Committee rejects the findings in Price v. National Board of Medical Examiners, Gonzales v. National Board of Medical Examiners, and Wong v. Regents of University of California. The Committee believes that the comparison of individuals with specific learning disabilities to ‘most people' is not problematic unto itself, but requires a careful analysis of the method and manner in which an individual's impairment limits a major life activity. For the majority of the population, the basic mechanics of reading and writing do not pose extraordinary lifelong challenges; rather, recognizing and forming letters and words are effortless, unconscious, automatic processes. Because specific learning disabilities are neurologically-based impairments, the process of reading for an individual with a reading disability (e.g. dyslexia) is word-by-word, and otherwise cumbersome, painful, deliberate and slow - throughout life. The Committee expects that individuals with specific learning disabilities that substantially limit a major life activity will be better protected under the amended Act.” 2008 House Educ. & Labor Rep. at 10-11.
It bears emphasizing that while it may be useful in appropriate cases to consider facts such as condition, manner, or duration, it is always necessary to consider and apply the rules of construction in § 1630.2(j)(1)(i)-(ix) that set forth the elements of broad coverage enacted by Congress. 2008 Senate Statement of Managers at 6. Accordingly, while the Commission's regulations retain the concept of “condition, manner, or duration,” they no longer include the additional list of “substantial limitation” factors contained in the previous version of the regulations (i.e., the nature and severity of the impairment, duration or expected duration of the impairment, and actual or expected permanent or long-term impact of or resulting from the impairment).
Finally, “condition, manner, or duration” are not intended to be used as a rigid three-part standard that must be met to establish a substantial limitation. “Condition, manner, or duration” are not required “factors” that must be considered as a talismanic test. Rather, in referring to “condition, manner, or duration,” the regulations make clear that these are merely the types of facts that may be considered in appropriate cases. To the extent such aspects of limitation may be useful or relevant to show a substantial limitation in a particular fact pattern, some or all of them (and related facts) may be considered, but evidence relating to each of these facts may not be necessary to establish coverage.
At the same time, individuals seeking coverage under the first or second prong of the definition of disability should not be constrained from offering evidence needed to establish that their impairment is substantially limiting. See 2008 Senate Statement of Managers at 7. Of course, covered entities may defeat a showing of “substantial limitation” by refuting whatever evidence the individual seeking coverage has offered, or by offering evidence that shows an impairment does not impose a substantial limitation on a major life activity. However, a showing of substantial limitation is not defeated by facts related to “condition, manner, or duration” that are not pertinent to the substantial limitation the individual has proffered.
Sections 1630.2(j)(5) and (6) Examples of Mitigating Measures; Ordinary Eyeglasses or Contact Lenses
These provisions of the regulations provide numerous examples of mitigating measures and the definition of “ordinary eyeglasses or contact lenses.” These definitions have been more fully discussed in the portions of this interpretive guidance concerning the rules of construction in § 1630.2(j)(1).
Substantially Limited in Working
The Commission has removed from the text of the regulations a discussion of the major life activity of working. This is consistent with the fact that no other major life activity receives special attention in the regulation, and with the fact that, in light of the expanded definition of disability established by the Amendments Act, this major life activity will be used in only very targeted situations.
In most instances, an individual with a disability will be able to establish coverage by showing substantial limitation of a major life activity other than working; impairments that substantially limit a person's ability to work usually substantially limit one or more other major life activities. This will be particularly true in light of the changes made by the ADA Amendments Act. See, e.g., Corley v. Dep't of Veterans Affairs ex rel Principi, 218 F. App'x. 727, 738 (10th Cir. 2007) (employee with seizure disorder was not substantially limited in working because he was not foreclosed from jobs involving driving, operating machinery, childcare, military service, and other jobs; employee would now be substantially limited in neurological function); Olds v. United Parcel Serv., Inc., 127 F. App'x. 779, 782 (6th Cir. 2005) (employee with bone marrow cancer was not substantially limited in working due to lifting restrictions caused by his cancer; employee would now be substantially limited in normal cell growth); Williams v. Philadelphia Hous. Auth. Police Dep't, 380 F.3d 751, 763-64 (3d Cir. 2004) (issue of material fact concerning whether police officer's major depression substantially limited him in performing a class of jobs due to restrictions on his ability to carry a firearm; officer would now be substantially limited in brain function). 2
2 In addition, many cases previously analyzed in terms of whether the plaintiff was “substantially limited in working” will now be analyzed under the “regarded as” prong of the definition of disability as revised by the Amendments Act. See, e.g., Cannon v. Levi Strauss & Co., 29 F. App'x. 331 (6th Cir. 2002) (factory worker laid off due to her carpal tunnel syndrome not regarded as substantially limited in working because her job of sewing machine operator was not a “broad class of jobs”; she would now be protected under the third prong because she was fired because of her impairment, carpal tunnel syndrome); Bridges v. City of Bossier, 92 F.3d 329 (5th Cir. 1996) (applicant not hired for firefighting job because of his mild hemophilia not regarded as substantially limited in working; applicant would now be protected under the third prong because he was not hired because of his impairment, hemophilia).
In the rare cases where an individual has a need to demonstrate that an impairment substantially limits him or her in working, the individual can do so by showing that the impairment substantially limits his or her ability to perform a class of jobs or broad range of jobs in various classes as compared to most people having comparable training, skills, and abilities. In keeping with the findings and purposes of the Amendments Act, the determination of coverage under the law should not require extensive and elaborate assessment, and the EEOC and the courts are to apply a lower standard in determining when an impairment substantially limits a major life activity, including the major life activity of working, than they applied prior to the Amendments Act. The Commission believes that the courts, in applying an overly strict standard with regard to “substantially limits” generally, have reached conclusions with regard to what is necessary to demonstrate a substantial limitation in the major life activity of working that would be inconsistent with the changes now made by the Amendments Act. Accordingly, as used in this section the terms “class of jobs” and “broad range of jobs in various classes” will be applied in a more straightforward and simple manner than they were applied by the courts prior to the Amendments Act. 3
3 In analyzing working as a major life activity in the past, some courts have imposed a complex and onerous standard that would be inappropriate under the Amendments Act. See, e.g., Duncan v. WMATA, 240 F.3d 1110, 1115 (DC Cir. 2001) (manual laborer whose back injury prevented him from lifting more than 20 pounds was not substantially limited in working because he did not present evidence of the number and types of jobs available to him in the Washington area; testimony concerning his inquiries and applications for truck driving jobs that all required heavy lifting was insufficient); Taylor v. Federal Express Corp., 429 F.3d 461, 463-64 (4th Cir. 2005) (employee's impairment did not substantially limit him in working because, even though evidence showed that employee's injury disqualified him from working in numerous jobs in his geographic region, it also showed that he remained qualified for many other jobs). Under the Amendments Act, the determination of whether a person is substantially limited in working is more straightforward and simple than it was prior to the Act.
Demonstrating a substantial limitation in performing the unique aspects of a single specific job is not sufficient to establish that a person is substantially limited in the major life activity of working.
A class of jobs may be determined by reference to the nature of the work that an individual is limited in performing (such as commercial truck driving, assembly line jobs, food service jobs, clerical jobs, or law enforcement jobs) or by reference to job-related requirements that an individual is limited in meeting (for example, jobs requiring repetitive bending, reaching, or manual tasks, jobs requiring repetitive or heavy lifting, prolonged sitting or standing, extensive walking, driving, or working under conditions such as high temperatures or noise levels).
For example, if a person whose job requires heavy lifting develops a disability that prevents him or her from lifting more than fifty pounds and, consequently, from performing not only his or her existing job but also other jobs that would similarly require heavy lifting, that person would be substantially limited in working because he or she is substantially limited in performing the class of jobs that require heavy lifting.
Section 1630.2(k) Record of a Substantially Limiting Impairment
The second prong of the definition of “disability” provides that an individual with a record of an impairment that substantially limits or limited a major life activity is an individual with a disability. The intent of this provision, in part, is to ensure that people are not discriminated against because of a history of disability. For example, the “record of” provision would protect an individual who was treated for cancer ten years ago but who is now deemed by a doctor to be free of cancer, from discrimination based on that prior medical history. This provision also ensures that individuals are not discriminated against because they have been misclassified as disabled. For example, individuals misclassified as having learning disabilities or intellectual disabilities (formerly termed “mental retardation”) are protected from discrimination on the basis of that erroneous classification. Senate Report at 23; House Labor Report at 52-53; House Judiciary Report at 29; 2008 House Judiciary Report at 7-8 & n.14. Similarly, an employee who in the past was misdiagnosed with bipolar disorder and hospitalized as the result of a temporary reaction to medication she was taking has a record of a substantially limiting impairment, even though she did not actually have bipolar disorder.
This part of the definition is satisfied where evidence establishes that an individual has had a substantially limiting impairment. The impairment indicated in the record must be an impairment that would substantially limit one or more of the individual's major life activities. There are many types of records that could potentially contain this information, including but not limited to, education, medical, or employment records.
Such evidence that an individual has a past history of an impairment that substantially limited a major life activity is all that is necessary to establish coverage under the second prong. An individual may have a “record of” a substantially limiting impairment - and thus be protected under the “record of” prong of the statute - even if a covered entity does not specifically know about the relevant record. Of course, for the covered entity to be liable for discrimination under title I of the ADA, the individual with a “record of” a substantially limiting impairment must prove that the covered entity discriminated on the basis of the record of the disability.
The terms “substantially limits” and “major life activity” under the second prong of the definition of “disability” are to be construed in accordance with the same principles applicable under the “actual disability” prong, as set forth in § 1630.2(j).
Individuals who are covered under the “record of” prong will often be covered under the first prong of the definition of disability as well. This is a consequence of the rule of construction in the ADAAA and the regulations providing that an individual with an impairment that is episodic or in remission can be protected under the first prong if the impairment would be substantially limiting when active. See 42 U.S.C. 12102(4)(D); § 1630.2(j)(1)(vii). Thus, an individual who has cancer that is currently in remission is an individual with a disability under the “actual disability” prong because he has an impairment that would substantially limit normal cell growth when active. He is also covered by the “record of” prong based on his history of having had an impairment that substantially limited normal cell growth.
Finally, this section of the EEOC's regulations makes it clear that an individual with a record of a disability is entitled to a reasonable accommodation currently needed for limitations resulting from or relating to the past substantially limiting impairment. This conclusion, which has been the Commission's long-standing position, is confirmed by language in the ADA Amendments Act stating that individuals covered only under the “regarded as” prong of the definition of disability are not entitled to reasonable accommodation. See 42 U.S.C. 12201(h). By implication, this means that individuals covered under the first or second prongs are otherwise eligible for reasonable accommodations. See 2008 House Judiciary Committee Report at 22 (“This makes clear that the duty to accommodate . . . arises only when an individual establishes coverage under the first or second prong of the definition.”). Thus, as the regulations explain, an employee with an impairment that previously substantially limited but no longer substantially limits, a major life activity may need leave or a schedule change to permit him or her to attend follow-up or “monitoring” appointments from a health care provider.
Section 1630.2(l) Regarded as Substantially Limited in a Major Life Activity
Coverage under the “regarded as” prong of the definition of disability should not be difficult to establish. See 2008 House Judiciary Committee Report at 17 (explaining that Congress never expected or intended it would be a difficult standard to meet). Under the third prong of the definition of disability, an individual is “regarded as having such an impairment” if the individual is subjected to an action prohibited by the ADA because of an actual or perceived impairment that is not “transitory and minor.”
This third prong of the definition of disability was originally intended to express Congress's understanding that “unfounded concerns, mistaken beliefs, fears, myths, or prejudice about disabilities are often just as disabling as actual impairments, and [its] corresponding desire to prohibit discrimination founded on such perceptions.” 2008 Senate Statement of Managers at 9; 2008 House Judiciary Committee Report at 17 (same). In passing the original ADA, Congress relied extensively on the reasoning of School Board of Nassau County v. Arline4 “that the negative reactions of others are just as disabling as the actual impact of an impairment.” 2008 Senate Statement of Managers at 9. The ADAAA reiterates Congress's reliance on the broad views enunciated in that decision, and Congress “believe[s] that courts should continue to rely on this standard.” Id.
4480 U.S. at 282-83.
Accordingly, the ADA Amendments Act broadened the application of the “regarded as” prong of the definition of disability. 2008 Senate Statement of Managers at 9-10. In doing so, Congress rejected court decisions that had required an individual to establish that a covered entity perceived him or her to have an impairment that substantially limited a major life activity. This provision is designed to restore Congress's intent to allow individuals to establish coverage under the “regarded as” prong by showing that they were treated adversely because of an impairment, without having to establish the covered entity's beliefs concerning the severity of the impairment. Joint Hoyer-Sensenbrenner Statement at 3.
Thus it is not necessary, as it was prior to the ADA Amendments Act, for an individual to demonstrate that a covered entity perceived him as substantially limited in the ability to perform a major life activity in order for the individual to establish that he or she is covered under the “regarded as” prong. Nor is it necessary to demonstrate that the impairment relied on by a covered entity is (in the case of an actual impairment) or would be (in the case of a perceived impairment) substantially limiting for an individual to be “regarded as having such an impairment.” In short, to qualify for coverage under the “regarded as” prong, an individual is not subject to any functional test. See 2008 Senate Statement of Managers at 13 (“The functional limitation imposed by an impairment is irrelevant to the third ‘regarded as' prong.”); 2008 House Judiciary Committee Report at 17 (that is, “the individual is not required to show that the perceived impairment limits performance of a major life activity”). The concepts of “major life activities” and “substantial limitation” simply are not relevant in evaluating whether an individual is “regarded as having such an impairment.”
To illustrate how straightforward application of the “regarded as” prong is, if an employer refused to hire an applicant because of skin graft scars, the employer has regarded the applicant as an individual with a disability. Similarly, if an employer terminates an employee because he has cancer, the employer has regarded the employee as an individual with a disability.
A “prohibited action” under the “regarded as” prong refers to an action of the type that would be unlawful under the ADA (but for any defenses to liability). Such prohibited actions include, but are not limited to, refusal to hire, demotion, placement on involuntary leave, termination, exclusion for failure to meet a qualification standard, harassment, or denial of any other term, condition, or privilege of employment.
Where an employer bases a prohibited employment action on an actual or perceived impairment that is not “transitory and minor,” the employer regards the individual as disabled, whether or not myths, fears, or stereotypes about disability motivated the employer's decision. Establishing that an individual is “regarded as having such an impairment” does not, by itself, establish liability. Liability is established only if an individual meets the burden of proving that the covered entity discriminated unlawfully within the meaning of section 102 of the ADA, 42 U.S.C. 12112.
Whether a covered entity can ultimately establish a defense to liability is an inquiry separate from, and follows after, a determination that an individual was regarded as having a disability. Thus, for example, an employer who terminates an employee with angina from a manufacturing job that requires the employee to work around machinery, believing that the employee will pose a safety risk to himself or others if he were suddenly to lose consciousness, has regarded the individual as disabled. Whether the employer has a defense (e.g., that the employee posed a direct threat to himself or coworkers) is a separate inquiry.
The fact that the “regarded as” prong requires proof of causation in order to show that a person is covered does not mean that proving a “regarded as” claim is complex. While a person must show, for both coverage under the “regarded as” prong and for ultimate liability, that he or she was subjected to a prohibited action because of an actual or perceived impairment, this showing need only be made once. Thus, evidence that a covered entity took a prohibited action because of an impairment will establish coverage and will be relevant in establishing liability, although liability may ultimately turn on whether the covered entity can establish a defense.
As prescribed in the ADA Amendments Act, the regulations provide an exception to coverage under the “regarded as” prong where the impairment on which a prohibited action is based is both transitory (having an actual or expected duration of six months or less) and minor. The regulations make clear (at § 1630.2(l)(2) and § 1630.15(f)) that this exception is a defense to a claim of discrimination. “Providing this exception responds to concerns raised by employer organizations and is reasonable under the ‘regarded as' prong of the definition because individuals seeking coverage under this prong need not meet the functional limitation requirement contained in the first two prongs of the definition.” 2008 Senate Statement of Managers at 10; See also 2008 House Judiciary Committee Report at 18 (explaining that “absent this exception, the third prong of the definition would have covered individuals who are regarded as having common ailments like the cold or flu, and this exception responds to concerns raised by members of the business community regarding potential abuse of this provision and misapplication of resources on individuals with minor ailments that last only a short period of time”). However, as an exception to the general rule for broad coverage under the “regarded as” prong, this limitation on coverage should be construed narrowly. 2008 House Judiciary Committee Report at 18.
The relevant inquiry is whether the actual or perceived impairment on which the employer's action was based is objectively “transitory and minor,” not whether the employer claims it subjectively believed the impairment was transitory and minor. For example, an employer who terminates an employee whom it believes has bipolar disorder cannot take advantage of this exception by asserting that it believed the employee's impairment was transitory and minor, since bipolar disorder is not objectively transitory and minor. At the same time, an employer that terminated an employee with an objectively “transitory and minor” hand wound, mistakenly believing it to be symptomatic of HIV infection, will nevertheless have “regarded” the employee as an individual with a disability, since the covered entity took a prohibited employment action based on a perceived impairment (HIV infection) that is not “transitory and minor.”
An individual covered only under the “regarded as” prong is not entitled to reasonable accommodation. 42 U.S.C. 12201(h). Thus, in cases where reasonable accommodation is not at issue, the third prong provides a more straightforward framework for analyzing whether discrimination occurred. As Congress observed in enacting the ADAAA: “[W]e expect [the first] prong of the definition to be used only by people who are affirmatively seeking reasonable accommodations or modifications. Any individual who has been discriminated against because of an impairment - short of being granted a reasonable accommodation or modification - should be bringing a claim under the third prong of the definition which will require no showing with regard to the severity of his or her impairment.” Joint Hoyer-Sensenbrenner Statement at 6.
Section 1630.2(m) Qualified Individual
The ADA prohibits discrimination on the basis of disability against a qualified individual. The determination of whether an individual with a disability is “qualified” should be made in two steps. The first step is to determine if the individual satisfies the prerequisites for the position, such as possessing the appropriate educational background, employment experience, skills, licenses, etc. For example, the first step in determining whether an accountant who is paraplegic is qualified for a certified public accountant (CPA) position is to examine the individual's credentials to determine whether the individual is a licensed CPA. This is sometimes referred to in the Rehabilitation Act caselaw as determining whether the individual is “otherwise qualified” for the position. See Senate Report at 33; House Labor Report at 64-65. (See § 1630.9 Not Making Reasonable Accommodation).
The second step is to determine whether or not the individual can perform the essential functions of the position held or desired, with or without reasonable accommodation. The purpose of this second step is to ensure that individuals with disabilities who can perform the essential functions of the position held or desired are not denied employment opportunities because they are not able to perforn marginal functions of the position. House Labor Report at 55.
The determination of whether an individual with a disability is qualified is to be made at the time of the employment decision. This determination should be based on the capabilities of the individual with a disability at the time of the employment decision, and should not be based on speculation that the employee may become unable in the future or may cause increased health insurance premiums or workers compensation costs.
Section 1630.2(n) Essential Functions
The determination of which functions are essential may be critical to the determination of whether or not the individual with a disability is qualified. The essential functions are those functions that the individual who holds the position must be able to perform unaided or with the assistance of a reasonable accommodation.
The inquiry into whether a particular function is essential initially focuses on whether the employer actually requires employees in the position to perform the functions that the employer asserts are essential. For example, an employer may state that typing is an essential function of a position. If, in fact, the employer has never required any employee in that particular position to type, this will be evidence that typing is not actually an essential function of the position.
If the individual who holds the position is actually required to perform the function the employer asserts is an essential function, the inquiry will then center around whether removing the function would fundamentally alter that position. This determination of whether or not a particular function is essential will generally include one or more of the following factors listed in part 1630.
The first factor is whether the position exists to perform a particular function. For example, an individual may be hired to proofread documents. The ability to proofread the documents would then be an essential function, since this is the only reason the position exists.
The second factor in determining whether a function is essential is the number of other employees available to perform that job function or among whom the performance of that job function can be distributed. This may be a factor either because the total number of available employees is low, or because of the fluctuating demands of the business operation. For example, if an employer has a relatively small number of available employees for the volume of work to be performed, it may be necessary that each employee perform a multitude of different functions. Therefore, the performance of those functions by each employee becomes more critical and the options for reorganizing the work become more limited. In such a situation, functions that might not be essential if there were a larger staff may become essential because the staff size is small compared to the volume of work that has to be done. See Treadwell v. Alexander, 707 F.2d 473 (11th Cir. 1983).
A similar situation might occur in a larger work force if the workflow follows a cycle of heavy demand for labor intensive work followed by low demand periods. This type of workflow might also make the performance of each function during the peak periods more critical and might limit the employer's flexibility in reorganizing operating procedures. See Dexler v. Tisch, 660 F. Supp. 1418 (D. Conn. 1987).
The third factor is the degree of expertise or skill required to perform the function. In certain professions and highly skilled positions the employee is hired for his or her expertise or ability to perform the particular function. In such a situation, the performance of that specialized task would be an essential function.
Whether a particular function is essential is a factual determination that must be made on a case by case basis. In determining whether or not a particular function is essential, all relevant evidence should be considered. Part 1630 lists various types of evidence, such as an established job description, that should be considered in determining whether a particular function is essential. Since the list is not exhaustive, other relevant evidence may also be presented. Greater weight will not be granted to the types of evidence included on the list than to the types of evidence not listed.
Although part 1630 does not require employers to develop or maintain job descriptions, written job descriptions prepared before advertising or interviewing applicants for the job, as well as the employer's judgment as to what functions are essential are among the relevant evidence to be considered in determining whether a particular function is essential. The terms of a collective bargaining agreement are also relevant to the determination of whether a particular function is essential. The work experience of past employees in the job or of current employees in similar jobs is likewise relevant to the determination of whether a particular function is essential. See H.R. Conf. Rep. No. 101-596, 101st Cong., 2d Sess. 58 (1990) [hereinafter Conference Report]; House Judiciary Report at 33-34. See also Hall v. U.S. Postal Service, 857 F.2d 1073 (6th Cir. 1988).
The time spent performing the particular function may also be an indicator of whether that function is essential. For example, if an employee spends the vast majority of his or her time working at a cash register, this would be evidence that operating the cash register is an essential function. The consequences of failing to require the employee to perform the function may be another indicator of whether a particular function is essential. For example, although a firefighter may not regularly have to carry an unconscious adult out of a burning building, the consequence of failing to require the firefighter to be able to perform this function would be serious.
It is important to note that the inquiry into essential functions is not intended to second guess an employer's business judgment with regard to production standards, whether qualitative or quantitative, nor to require employers to lower such standards. (See § 1630.10 Qualification Standards, Tests and Other Selection Criteria). If an employer requires its typists to be able to accurately type 75 words per minute, it will not be called upon to explain why an inaccurate work product, or a typing speed of 65 words per minute, would not be adequate. Similarly, if a hotel requires its service workers to thoroughly clean 16 rooms per day, it will not have to explain why it requires thorough cleaning, or why it chose a 16 room rather than a 10 room requirement. However, if an employer does require accurate 75 word per minute typing or the thorough cleaning of 16 rooms, it will have to show that it actually imposes such requirements on its employees in fact, and not simply on paper. It should also be noted that, if it is alleged that the employer intentionally selected the particular level of production to exclude individuals with disabilities, the employer may have to offer a legitimate, nondiscriminatory reason for its selection.
Section 1630.2(o) Reasonable Accommodation
An individual with a disability is considered “qualified” if the individual can perform the essential functions of the position held or desired with or without reasonable accommodation. A covered entity is required, absent undue hardship, to provide reasonable accommodation to an otherwise qualified individual with a substantially limiting impairment or a “record of” such an impairment. However, a covered entity is not required to provide an accommodation to an individual who meets the definition of disability solely under the “regarded as” prong.
The legislative history of the ADAAA makes clear that Congress included this provision in response to various court decisions that had held (pre-Amendments Act) that individuals who were covered solely under the “regarded as” prong were eligible for reasonable accommodations. In those cases, the plaintiffs had been found not to be covered under the first prong of the definition of disability “because of the overly stringent manner in which the courts had been interpreting that prong.” 2008 Senate Statement of Managers at 11. The legislative history goes on to explain that “[b]ecause of [Congress's] strong belief that accommodating individuals with disabilities is a key goal of the ADA, some members [of Congress] continue to have reservations about this provision.” Id. However, Congress ultimately concluded that clarifying that individuals covered solely under the “regarded as” prong are not entitled to reasonable accommodations “is an acceptable compromise given our strong expectation that such individuals would now be covered under the first prong of the definition [of disability], properly applied”). Further, individuals covered only under the third prong still may bring discrimination claims (other than failure-to-accommodate claims) under title I of the ADA. 2008 Senate Statement of Managers at 9-10.
In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. There are three categories of reasonable accommodation. These are (1) accommodations that are required to ensure equal opportunity in the application process; (2) accommodations that enable the employer's employees with disabilities to perform the essential functions of the position held or desired; and (3) accommodations that enable the employer's employees with disabilities to enjoy equal benefits and privileges of employment as are enjoyed by employees without disabilities. It should be noted that nothing in this part prohibits employers or other covered entities from providing accommodations beyond those required by this part.
Part 1630 lists the examples, specified in title I of the ADA, of the most common types of accommodation that an employer or other covered entity may be required to provide. There are any number of other specific accommodations that may be appropriate for particular situations but are not specifically mentioned in this listing. This listing is not intended to be exhaustive of accommodation possibilities. For example, other accommodations could include permitting the use of accrued paid leave or providing additional unpaid leave for necessary treatment, making employer provided transportation accessible, and providing reserved parking spaces. Providing personal assistants, such as a page turner for an employee with no hands or a travel attendant to act as a sighted guide to assist a blind employee on occasional business trips, may also be a reasonable accommodation. Senate Report at 31; House Labor Report at 62; House Judiciary Report at 39.
It may also be a reasonable accommodation to permit an individual with a disability the opportunity to provide and utilize equipment, aids or services that an employer is not required to provide as a reasonable accommodation. For example, it would be a reasonable accommodation for an employer to permit an individual who is blind to use a guide dog at work, even though the employer would not be required to provide a guide dog for the employee.
The accommodations included on the list of reasonable accommodations are generally self explanatory. However, there are a few that require further explanation. One of these is the accommodation of making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities. This accommodation includes both those areas that must be accessible for the employee to perform essential job functions, as well as non-work areas used by the employer's employees for other purposes. For example, accessible break rooms, lunch rooms, training rooms, restrooms etc., may be required as reasonable accommodations.
Another of the potential accommodations listed is “job restructuring.” An employer or other covered entity may restructure a job by reallocating or redistributing nonessential, marginal job functions. For example, an employer may have two jobs, each of which entails the performance of a number of marginal functions. The employer hires an individual with a disability who is able to perform some of the marginal functions of each job but not all of the marginal functions of either job. As an accommodation, the employer may redistribute the marginal functions so that all of the marginal functions that the individual with a disability can perform are made a part of the position to be filled by the individual with a disability. The remaining marginal functions that the individual with a disability cannot perform would then be transferred to the other position. See Senate Report at 31; House Labor Report at 62.
An employer or other covered entity is not required to reallocate essential functions. The essential functions are by definition those that the individual who holds the job would have to perform, with or without reasonable accommodation, in order to be considered qualified for the position. For example, suppose a security guard position requires the individual who holds the job to inspect identification cards. An employer would not have to provide an individual who is legally blind with an assistant to look at the identification cards for the legally blind employee. In this situation the assistant would be performing the job for the individual with a disability rather than assisting the individual to perform the job. See Coleman v. Darden, 595 F.2d 533 (10th Cir. 1979).
An employer or other covered entity may also restructure a job by altering when and/or how an essential function is performed. For example, an essential function customarily performed in the early morning hours may be rescheduled until later in the day as a reasonable accommodation to a disability that precludes performance of the function at the customary hour. Likewise, as a reasonable accommodation, an employee with a disability that inhibits the ability to write, may be permitted to computerize records that were customarily maintained manually.
Reassignment to a vacant position is also listed as a potential reasonable accommodation. In general, reassignment should be considered only when accommodation within the individual's current position would pose an undue hardship. Reassignment is not available to applicants. An applicant for a position must be qualified for, and be able to perform the essential functions of, the position sought with or without reasonable accommodation.
Reassignment may not be used to limit, segregate, or otherwise discriminate against employees with disabilities by forcing reassignments to undesirable positions or to designated offices or facilities. Employers should reassign the individual to an equivalent position, in terms of pay, status, etc., if the individual is qualified, and if the position is vacant within a reasonable amount of time. A “reasonable amount of time” should be determined in light of the totality of the circumstances. As an example, suppose there is no vacant position available at the time that an individual with a disability requests reassignment as a reasonable accommodation. The employer, however, knows that an equivalent position for which the individual is qualified, will become vacant next week. Under these circumstances, the employer should reassign the individual to the position when it becomes available.
An employer may reassign an individual to a lower graded position if there are no accommodations that would enable the employee to remain in the current position and there are no vacant equivalent positions for which the individual is qualified with or without reasonable accommodation. An employer, however, is not required to maintain the reassigned individual with a disability at the salary of the higher graded position if it does not so maintain reassigned employees who are not disabled. It should also be noted that an employer is not required to promote an individual with a disability as an accommodation. See Senate Report at 31-32; House Labor Report at 63.
The determination of which accommodation is appropriate in a particular situation involves a process in which the employer and employee identify the precise limitations imposed by the disability and explore potential accommodations that would overcome those limitations. This process is discussed more fully in § 1630.9 Not Making Reasonable Accommodation.
Section 1630.2(p) Undue Hardship
An employer or other covered entity is not required to provide an accommodation that will impose an undue hardship on the operation of the employer's or other covered entity's business. The term “undue hardship” means significant difficulty or expense in, or resulting from, the provision of the accommodation. The “undue hardship” provision takes into account the financial realities of the particular employer or other covered entity. However, the concept of undue hardship is not limited to financial difficulty. “Undue hardship” refers to any accommodation that would be unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business. See Senate Report at 35; House Labor Report at 67.
For example, suppose an individual with a disabling visual impairment that makes it extremely difficult to see in dim lighting applies for a position as a waiter in a nightclub and requests that the club be brightly lit as a reasonable accommodation. Although the individual may be able to perform the job in bright lighting, the nightclub will probably be able to demonstrate that that particular accommodation, though inexpensive, would impose an undue hardship if the bright lighting would destroy the ambience of the nightclub and/or make it difficult for the customers to see the stage show. The fact that that particular accommodation poses an undue hardship, however, only means that the employer is not required to provide that accommodation. If there is another accommodation that will not create an undue hardship, the employer would be required to provide the alternative accommodation.
An employer's claim that the cost of a particular accommodation will impose an undue hardship will be analyzed in light of the factors outlined in part 1630. In part, this analysis requires a determination of whose financial resources should be considered in deciding whether the accommodation is unduly costly. In some cases the financial resources of the employer or other covered entity in its entirety should be considered in determining whether the cost of an accommodation poses an undue hardship. In other cases, consideration of the financial resources of the employer or other covered entity as a whole may be inappropriate because it may not give an accurate picture of the financial resources available to the particular facility that will actually be required to provide the accommodation. See House Labor Report at 68-69; House Judiciary Report at 40-41; see also Conference Report at 56-57.
If the employer or other covered entity asserts that only the financial resources of the facility where the individual will be employed should be considered, part 1630 requires a factual determination of the relationship between the employer or other covered entity and the facility that will provide the accommodation. As an example, suppose that an independently owned fast food franchise that receives no money from the franchisor refuses to hire an individual with a hearing impairment because it asserts that it would be an undue hardship to provide an interpreter to enable the individual to participate in monthly staff meetings. Since the financial relationship between the franchisor and the franchise is limited to payment of an annual franchise fee, only the financial resources of the franchise would be considered in determining whether or not providing the accommodation would be an undue hardship. See House Labor Report at 68; House Judiciary Report at 40.
If the employer or other covered entity can show that the cost of the accommodation would impose an undue hardship, it would still be required to provide the accommodation if the funding is available from another source, e.g., a State vocational rehabilitation agency, or if Federal, State or local tax deductions or tax credits are available to offset the cost of the accommodation. If the employer or other covered entity receives, or is eligible to receive, monies from an external source that would pay the entire cost of the accommodation, it cannot claim cost as an undue hardship. In the absence of such funding, the individual with a disability requesting the accommodation should be given the option of providing the accommodation or of paying that portion of the cost which constitutes the undue hardship on the operation of the business. To the extent that such monies pay or would pay for only part of the cost of the accommodation, only that portion of the cost of the accommodation that could not be recovered - the final net cost to the entity - may be considered in determining undue hardship. (See § 1630.9 Not Making Reasonable Accommodation). See Senate Report at 36; House Labor Report at 69.
Section 1630.2(r) Direct Threat
An employer may require, as a qualification standard, that an individual not pose a direct threat to the health or safety of himself/herself or others. Like any other qualification standard, such a standard must apply to all applicants or employees and not just to individuals with disabilities. If, however, an individual poses a direct threat as a result of a disability, the employer must determine whether a reasonable accommodation would either eliminate the risk or reduce it to an acceptable level. If no accommodation exists that would either eliminate or reduce the risk, the employer may refuse to hire an applicant or may discharge an employee who poses a direct threat.
An employer, however, is not permitted to deny an employment opportunity to an individual with a disability merely because of a slightly increased risk. The risk can only be considered when it poses a significant risk, i.e., high probability, of substantial harm; a speculative or remote risk is insufficient. See Senate Report at 27; House Report Labor Report at 56-57; House Judiciary Report at 45.
Determining whether an individual poses a significant risk of substantial harm to others must be made on a case by case basis. The employer should identify the specific risk posed by the individual. For individuals with mental or emotional disabilities, the employer must identify the specific behavior on the part of the individual that would pose the direct threat. For individuals with physical disabilities, the employer must identify the aspect of the disability that would pose the direct threat. The employer should then consider the four factors listed in part 1630:
(1) The duration of the risk;
(2) The nature and severity of the potential harm;
(3) The likelihood that the potential harm will occur; and
(4) The imminence of the potential harm.
Such consideration must rely on objective, factual evidence - not on subjective perceptions, irrational fears, patronizing attitudes, or stereotypes - about the nature or effect of a particular disability, or of disability generally. See Senate Report at 27; House Labor Report at 56-57; House Judiciary Report at 45-46. See also Strathie v. Department of Transportation, 716 F.2d 227 (3d Cir. 1983). Relevant evidence may include input from the individual with a disability, the experience of the individual with a disability in previous similar positions, and opinions of medical doctors, rehabilitation counselors, or physical therapists who have expertise in the disability involved and/or direct knowledge of the individual with the disability.
An employer is also permitted to require that an individual not pose a direct threat of harm to his or her own safety or health. If performing the particular functions of a job would result in a high probability of substantial harm to the individual, the employer could reject or discharge the individual unless a reasonable accommodation that would not cause an undue hardship would avert the harm. For example, an employer would not be required to hire an individual, disabled by narcolepsy, who frequently and unexpectedly loses consciousness for a carpentry job the essential functions of which require the use of power saws and other dangerous equipment, where no accommodation exists that will reduce or eliminate the risk.
The assessment that there exists a high probability of substantial harm to the individual, like the assessment that there exists a high probability of substantial harm to others, must be strictly based on valid medical analyses and/or on other objective evidence. This determination must be based on individualized factual data, using the factors discussed above, rather than on stereotypic or patronizing assumptions and must consider potential reasonable accommodations. Generalized fears about risks from the employment environment, such as exacerbation of the disability caused by stress, cannot be used by an employer to disqualify an individual with a disability. For example, a law firm could not reject an applicant with a history of disabling mental illness based on a generalized fear that the stress of trying to make partner might trigger a relapse of the individual's mental illness. Nor can generalized fears about risks to individuals with disabilities in the event of an evacuation or other emergency be used by an employer to disqualify an individual with a disability. See Senate Report at 56; House Labor Report at 73-74; House Judiciary Report at 45. See also Mantolete v. Bolger, 767 F.2d 1416 (9th Cir. 1985); Bentivegna v. U.S. Department of Labor, 694 F.2d 619 (9th Cir.1982).
Section 1630.3 Exceptions to the Definitions of “Disability” and “Qualified Individual with a Disability”
Section 1630.3 (a) through (c) Illegal Use of Drugs
Part 1630 provides that an individual currently engaging in the illegal use of drugs is not an individual with a disability for purposes of this part when the employer or other covered entity acts on the basis of such use. Illegal use of drugs refers both to the use of unlawful drugs, such as cocaine, and to the unlawful use of prescription drugs.
Employers, for example, may discharge or deny employment to persons who illegally use drugs, on the basis of such use, without fear of being held liable for discrimination. The term “currently engaging” is not intended to be limited to the use of drugs on the day of, or within a matter of days or weeks before, the employment action in question. Rather, the provision is intended to apply to the illegal use of drugs that has occurred recently enough to indicate that the individual is actively engaged in such conduct. See Conference Report at 64.
Individuals who are erroneously perceived as engaging in the illegal use of drugs, but are not in fact illegally using drugs are not excluded from the definitions of the terms “disability” and “qualified individual with a disability.” Individuals who are no longer illegally using drugs and who have either been rehabilitated successfully or are in the process of completing a rehabilitation program are, likewise, not excluded from the definitions of those terms. The term “rehabilitation program” refers to both in-patient and out-patient programs, as well as to appropriate employee assistance programs, professionally recognized self-help programs, such as Narcotics Anonymous, or other programs that provide professional (not necessarily medical) assistance and counseling for individuals who illegally use drugs. See Conference Report at 64; see also House Labor Report at 77; House Judiciary Report at 47.
It should be noted that this provision simply provides that certain individuals are not excluded from the definitions of “disability” and “qualified individual with a disability.” Consequently, such individuals are still required to establish that they satisfy the requirements of these definitions in order to be protected by the ADA and this part. An individual erroneously regarded as illegally using drugs, for example, would have to show that he or she was regarded as a drug addict in order to demonstrate that he or she meets the definition of “disability” as defined in this part.
Employers are entitled to seek reasonable assurances that no illegal use of drugs is occurring or has occurred recently enough so that continuing use is a real and ongoing problem. The reasonable assurances that employers may ask applicants or employees to provide include evidence that the individual is participating in a drug treatment program and/or evidence, such as drug test results, to show that the individual is not currently engaging in the illegal use of drugs. An employer, such as a law enforcement agency, may also be able to impose a qualification standard that excludes individuals with a history of illegal use of drugs if it can show that the standard is job-related and consistent with business necessity. (See § 1630.10 Qualification Standards, Tests and Other Selection Criteria) See Conference Report at 64.
Section 1630.4 Discrimination Prohibited
Paragraph (a) of this provision prohibits discrimination on the basis of disability against a qualified individual in all aspects of the employment relationship. The range of employment decisions covered by this nondiscrimination mandate is to be construed in a manner consistent with the regulations implementing section 504 of the Rehabilitation Act of 1973.
Paragraph (b) makes it clear that the language “on the basis of disability” is not intended to create a cause of action for an individual without a disability who claims that someone with a disability was treated more favorably (disparate treatment), or was provided a reasonable accommodation that an individual without a disability was not provided. See 2008 House Judiciary Committee Report at 21 (this provision “prohibits reverse discrimination claims by disallowing claims based on the lack of disability”). Additionally, the ADA and this part do not affect laws that may require the affirmative recruitment or hiring of individuals with disabilities, or any voluntary affirmative action employers may undertake on behalf of individuals with disabilities. However, part 1630 is not intended to limit the ability of covered entities to choose and maintain a qualified workforce. Employers can continue to use criteria that are job related and consistent with business necessity to select qualified employees, and can continue to hire employees who can perform the essential functions of the job.
The Amendments Act modified title I's nondiscrimination provision to replace the prohibition on discrimination “against a qualified individual with a disability because of the disability of such individual” with a prohibition on discrimination “against a qualified individual on the basis of disability.” As the legislative history of the ADAAA explains: “[T]he bill modifies the ADA to conform to the structure of Title VII and other civil rights laws by requiring an individual to demonstrate discrimination ‘on the basis of disability' rather than discrimination ‘against an individual with a disability' because of the individual's disability. We hope this will be an important signal to both lawyers and courts to spend less time and energy on the minutia of an individual's impairment, and more time and energy on the merits of the case - including whether discrimination occurred because of the disability, whether an individual was qualified for a job or eligible for a service, and whether a reasonable accommodation or modification was called for under the law.” Joint Hoyer-Sensenbrenner Statement at 4; See also 2008 House Judiciary Report at 21 (“This change harmonizes the ADA with other civil rights laws by focusing on whether a person who has been discriminated against has proven that the discrimination was based on a personal characteristic (disability), not on whether he or she has proven that the characteristic exists.”).
Section 1630.5 Limiting, Segregating and Classifying
This provision and the several provisions that follow describe various specific forms of discrimination that are included within the general prohibition of § 1630.4. The capabilities of qualified individuals must be determined on an individualized, case by case basis. Covered entities are also prohibited from segregating qualified employees into separate work areas or into separate lines of advancement on the basis of their disabilities.
Thus, for example, it would be a violation of this part for an employer to limit the duties of an employee with a disability based on a presumption of what is best for an individual with such a disability, or on a presumption about the abilities of an individual with such a disability. It would be a violation of this part for an employer to adopt a separate track of job promotion or progression for employees with disabilities based on a presumption that employees with disabilities are uninterested in, or incapable of, performing particular jobs. Similarly, it would be a violation for an employer to assign or reassign (as a reasonable accommodation) employees with disabilities to one particular office or installation, or to require that employees with disabilities only use particular employer provided non-work facilities such as segregated break-rooms, lunch rooms, or lounges. It would also be a violation of this part to deny employment to an applicant or employee with a disability based on generalized fears about the safety of an individual with such a disability, or based on generalized assumptions about the absenteeism rate of an individual with such a disability.
In addition, it should also be noted that this part is intended to require that employees with disabilities be accorded equal access to whatever health insurance coverage the employer provides to other employees. This part does not, however, affect pre-existing condition clauses included in health insurance policies offered by employers. Consequently, employers may continue to offer policies that contain such clauses, even if they adversely affect individuals with disabilities, so long as the clauses are not used as a subterfuge to evade the purposes of this part.
So, for example, it would be permissible for an employer to offer an insurance policy that limits coverage for certain procedures or treatments to a specified number per year. Thus, if a health insurance plan provided coverage for five blood transfusions a year to all covered employees, it would not be discriminatory to offer this plan simply because a hemophiliac employee may require more than five blood transfusions annually. However, it would not be permissible to limit or deny the hemophiliac employee coverage for other procedures, such as heart surgery or the setting of a broken leg, even though the plan would not have to provide coverage for the additional blood transfusions that may be involved in these procedures. Likewise, limits may be placed on reimbursements for certain procedures or on the types of drugs or procedures covered (e.g. limits on the number of permitted X-rays or non-coverage of experimental drugs or procedures), but that limitation must be applied equally to individuals with and without disabilities. See Senate Report at 28-29; House Labor Report at 58-59; House Judiciary Report at 36.
Leave policies or benefit plans that are uniformly applied do not violate this part simply because they do not address the special needs of every individual with a disability. Thus, for example, an employer that reduces the number of paid sick leave days that it will provide to all employees, or reduces the amount of medical insurance coverage that it will provide to all employees, is not in violation of this part, even if the benefits reduction has an impact on employees with disabilities in need of greater sick leave and medical coverage. Benefits reductions adopted for discriminatory reasons are in violation of this part. See Alexander v. Choate,469 U.S. 287 (1985). See Senate Report at 85; House Labor Report at 137. (See also, the discussion at § 1630.16(f) Health Insurance, Life Insurance, and Other Benefit Plans).
Section 1630.6 Contractual or Other Arrangements
An employer or other covered entity may not do through a contractual or other relationship what it is prohibited from doing directly. This provision does not affect the determination of whether or not one is a “covered entity” or “employer” as defined in § 1630.2.
This provision only applies to situations where an employer or other covered entity has entered into a contractual relationship that has the effect of discriminating against its own employees or applicants with disabilities. Accordingly, it would be a violation for an employer to participate in a contractual relationship that results in discrimination against the employer's employees with disabilities in hiring, training, promotion, or in any other aspect of the employment relationship. This provision applies whether or not the employer or other covered entity intended for the contractual relationship to have the discriminatory effect.
Part 1630 notes that this provision applies to parties on either side of the contractual or other relationship. This is intended to highlight that an employer whose employees provide services to others, like an employer whose employees receive services, must ensure that those employees are not discriminated against on the basis of disability. For example, a copier company whose service representative is a dwarf could be required to provide a stepstool, as a reasonable accommodation, to enable him to perform the necessary repairs. However, the employer would not be required, as a reasonable accommodation, to make structural changes to its customer's inaccessible premises.
The existence of the contractual relationship adds no new obligations under part 1630. The employer, therefore, is not liable through the contractual arrangement for any discrimination by the contractor against the contractors own employees or applicants, although the contractor, as an employer, may be liable for such discrimination.
An employer or other covered entity, on the other hand, cannot evade the obligations imposed by this part by engaging in a contractual or other relationship. For example, an employer cannot avoid its responsibility to make reasonable accommodation subject to the undue hardship limitation through a contractual arrangement. See Conference Report at 59; House Labor Report at 59-61; House Judiciary Report at 36-37.
To illustrate, assume that an employer is seeking to contract with a company to provide training for its employees. Any responsibilities of reasonable accommodation applicable to the employer in providing the training remain with that employer even if it contracts with another company for this service. Thus, if the training company were planning to conduct the training at an inaccessible location, thereby making it impossible for an employee who uses a wheelchair to attend, the employer would have a duty to make reasonable accommodation unless to do so would impose an undue hardship. Under these circumstances, appropriate accommodations might include (1) having the training company identify accessible training sites and relocate the training program; (2) having the training company make the training site accessible; (3) directly making the training site accessible or providing the training company with the means by which to make the site accessible; (4) identifying and contracting with another training company that uses accessible sites; or (5) any other accommodation that would result in making the training available to the employee.
As another illustration, assume that instead of contracting with a training company, the employer contracts with a hotel to host a conference for its employees. The employer will have a duty to ascertain and ensure the accessibility of the hotel and its conference facilities. To fulfill this obligation the employer could, for example, inspect the hotel first-hand or ask a local disability group to inspect the hotel. Alternatively, the employer could ensure that the contract with the hotel specifies it will provide accessible guest rooms for those who need them and that all rooms to be used for the conference, including exhibit and meeting rooms, are accessible. If the hotel breaches this accessibility provision, the hotel may be liable to the employer, under a non-ADA breach of contract theory, for the cost of any accommodation needed to provide access to the hotel and conference, and for any other costs accrued by the employer. (In addition, the hotel may also be independently liable under title III of the ADA). However, this would not relieve the employer of its responsibility under this part nor shield it from charges of discrimination by its own employees. See House Labor Report at 40; House Judiciary Report at 37.
Section 1630.8 Relationship or Association With an Individual With a Disability
This provision is intended to protect any qualified individual, whether or not that individual has a disability, from discrimination because that person is known to have an association or relationship with an individual who has a known disability. This protection is not limited to those who have a familial relationship with an individual with a disability.
To illustrate the scope of this provision, assume that a qualified applicant without a disability applies for a job and discloses to the employer that his or her spouse has a disability. The employer thereupon declines to hire the applicant because the employer believes that the applicant would have to miss work or frequently leave work early in order to care for the spouse. Such a refusal to hire would be prohibited by this provision. Similarly, this provision would prohibit an employer from discharging an employee because the employee does volunteer work with people who have AIDS, and the employer fears that the employee may contract the disease.
This provision also applies to other benefits and privileges of employment. For example, an employer that provides health insurance benefits to its employees for their dependents may not reduce the level of those benefits to an employee simply because that employee has a dependent with a disability. This is true even if the provision of such benefits would result in increased health insurance costs for the employer.
It should be noted, however, that an employer need not provide the applicant or employee without a disability with a reasonable accommodation because that duty only applies to qualified applicants or employees with disabilities. Thus, for example, an employee would not be entitled to a modified work schedule as an accommodation to enable the employee to care for a spouse with a disability. See Senate Report at 30; House Labor Report at 61-62; House Judiciary Report at 38-39.
Section 1630.9 Not Making Reasonable Accommodation
The obligation to make reasonable accommodation is a form of non-discrimination. It applies to all employment decisions and to the job application process. This obligation does not extend to the provision of adjustments or modifications that are primarily for the personal benefit of the individual with a disability. Thus, if an adjustment or modification is job-related, e.g., specifically assists the individual in performing the duties of a particular job, it will be considered a type of reasonable accommodation. On the other hand, if an adjustment or modification assists the individual throughout his or her daily activities, on and off the job, it will be considered a personal item that the employer is not required to provide. Accordingly, an employer would generally not be required to provide an employee with a disability with a prosthetic limb, wheelchair, or eyeglasses. Nor would an employer have to provide as an accommodation any amenity or convenience that is not job-related, such as a private hot plate, hot pot or refrigerator that is not provided to employees without disabilities. See Senate Report at 31; House Labor Report at 62.
It should be noted, however, that the provision of such items may be required as a reasonable accommodation where such items are specifically designed or required to meet job-related rather than personal needs. An employer, for example, may have to provide an individual with a disabling visual impairment with eyeglasses specifically designed to enable the individual to use the office computer monitors, but that are not otherwise needed by the individual outside of the office.
The term “supported employment,” which has been applied to a wide variety of programs to assist individuals with severe disabilities in both competitive and non-competitive employment, is not synonymous with reasonable accommodation. Examples of supported employment include modified training materials, restructuring essential functions to enable an individual to perform a job, or hiring an outside professional (“job coach”) to assist in job training. Whether a particular form of assistance would be required as a reasonable accommodation must be determined on an individualized, case by case basis without regard to whether that assistance is referred to as “supported employment.” For example, an employer, under certain circumstances, may be required to provide modified training materials or a temporary “job coach” to assist in the training of an individual with a disability as a reasonable accommodation. However, an employer would not be required to restructure the essential functions of a position to fit the skills of an individual with a disability who is not otherwise qualified to perform the position, as is done in certain supported employment programs. See 34 CFR part 363. It should be noted that it would not be a violation of this part for an employer to provide any of these personal modifications or adjustments, or to engage in supported employment or similar rehabilitative programs.
The obligation to make reasonable accommodation applies to all services and programs provided in connection with employment, and to all non-work facilities provided or maintained by an employer for use by its employees. Accordingly, the obligation to accommodate is applicable to employer sponsored placement or counseling services, and to employer provided cafeterias, lounges, gymnasiums, auditoriums, transportation and the like.
The reasonable accommodation requirement is best understood as a means by which barriers to the equal employment opportunity of an individual with a disability are removed or alleviated. These barriers may, for example, be physical or structural obstacles that inhibit or prevent the access of an individual with a disability to job sites, facilities or equipment. Or they may be rigid work schedules that permit no flexibility as to when work is performed or when breaks may be taken, or inflexible job procedures that unduly limit the modes of communication that are used on the job, or the way in which particular tasks are accomplished.
The term “otherwise qualified” is intended to make clear that the obligation to make reasonable accommodation is owed only to an individual with a disability who is qualified within the meaning of § 1630.2(m) in that he or she satisfies all the skill, experience, education and other job-related selection criteria. An individual with a disability is “otherwise qualified,” in other words, if he or she is qualified for a job, except that, because of the disability, he or she needs a reasonable accommodation to be able to perform the job's essential functions.
For example, if a law firm requires that all incoming lawyers have graduated from an accredited law school and have passed the bar examination, the law firm need not provide an accommodation to an individual with a visual impairment who has not met these selection criteria. That individual is not entitled to a reasonable accommodation because the individual is not “otherwise qualified” for the position.
On the other hand, if the individual has graduated from an accredited law school and passed the bar examination, the individual would be “otherwise qualified.” The law firm would thus be required to provide a reasonable accommodation, such as a machine that magnifies print, to enable the individual to perform the essential functions of the attorney position, unless the necessary accommodation would impose an undue hardship on the law firm. See Senate Report at 33-34; House Labor Report at 64-65.
The reasonable accommodation that is required by this part should provide the individual with a disability with an equal employment opportunity. Equal employment opportunity means an opportunity to attain the same level of performance, or to enjoy the same level of benefits and privileges of employment as are available to the average similarly situated employee without a disability. Thus, for example, an accommodation made to assist an employee with a disability in the performance of his or her job must be adequate to enable the individual to perform the essential functions of the relevant position. The accommodation, however, does not have to be the “best” accommodation possible, so long as it is sufficient to meet the job-related needs of the individual being accommodated. Accordingly, an employer would not have to provide an employee disabled by a back impairment with a state-of-the art mechanical lifting device if it provided the employee with a less expensive or more readily available device that enabled the employee to perform the essential functions of the job. See Senate Report at 35; House Labor Report at 66; see also Carter v. Bennett, 840 F.2d 63 (DC Cir. 1988).
Employers are obligated to make reasonable accommodation only to the physical or mental limitations resulting from the disability of an individual with a disability that is known to the employer. Thus, an employer would not be expected to accommodate disabilities of which it is unaware. If an employee with a known disability is having difficulty performing his or her job, an employer may inquire whether the employee is in need of a reasonable accommodation. In general, however, it is the responsibility of the individual with a disability to inform the employer that an accommodation is needed. When the need for an accommodation is not obvious, an employer, before providing a reasonable accommodation, may require that the individual with a disability provide documentation of the need for accommodation.
See Senate Report at 34; House Labor Report at 65.
Process of Determining the Appropriate Reasonable Accommodation
Once an individual with a disability has requested provision of a reasonable accommodation, the employer must make a reasonable effort to determine the appropriate accommodation. The appropriate reasonable accommodation is best determined through a flexible, interactive process that involves both the employer and the individual with a disability. Although this process is described below in terms of accommodations that enable the individual with a disability to perform the essential functions of the position held or desired, it is equally applicable to accommodations involving the job application process, and to accommodations that enable the individual with a disability to enjoy equal benefits and privileges of employment. See Senate Report at 34-35; House Labor Report at 65-67.
When an individual with a disability has requested a reasonable accommodation to assist in the performance of a job, the employer, using a problem solving approach, should:
(1) Analyze the particular job involved and determine its purpose and essential functions;
(2) Consult with the individual with a disability to ascertain the precise job-related limitations imposed by the individual's disability and how those limitations could be overcome with a reasonable accommodation;
(3) In consultation with the individual to be accommodated, identify potential accommodations and assess the effectiveness each would have in enabling the individual to perform the essential functions of the position; and
(4) Consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for both the employee and the employer.
In many instances, the appropriate reasonable accommodation may be so obvious to either or both the employer and the individual with a disability that it may not be necessary to proceed in this step-by-step fashion. For example, if an employee who uses a wheelchair requests that his or her desk be placed on blocks to elevate the desktop above the arms of the wheelchair and the employer complies, an appropriate accommodation has been requested, identified, and provided without either the employee or employer being aware of having engaged in any sort of “reasonable accommodation process.”
However, in some instances neither the individual requesting the accommodation nor the employer can readily identify the appropriate accommodation. For example, the individual needing the accommodation may not know enough about the equipment used by the employer or the exact nature of the work site to suggest an appropriate accommodation. Likewise, the employer may not know enough about the individual's disability or the limitations that disability would impose on the performance of the job to suggest an appropriate accommodation. Under such circumstances, it may be necessary for the employer to initiate a more defined problem solving process, such as the step-by-step process described above, as part of its reasonable effort to identify the appropriate reasonable accommodation.
This process requires the individual assessment of both the particular job at issue, and the specific physical or mental limitations of the particular individual in need of reasonable accommodation. With regard to assessment of the job, “individual assessment” means analyzing the actual job duties and determining the true purpose or object of the job. Such an assessment is necessary to ascertain which job functions are the essential functions that an accommodation must enable an individual with a disability to perform.
After assessing the relevant job, the employer, in consultation with the individual requesting the accommodation, should make an assessment of the specific limitations imposed by the disability on the individual's performance of the job's essential functions. This assessment will make it possible to ascertain the precise barrier to the employment opportunity which, in turn, will make it possible to determine the accommodation(s) that could alleviate or remove that barrier.
If consultation with the individual in need of the accommodation still does not reveal potential appropriate accommodations, then the employer, as part of this process, may find that technical assistance is helpful in determining how to accommodate the particular individual in the specific situation. Such assistance could be sought from the Commission, from State or local rehabilitation agencies, or from disability constituent organizations. It should be noted, however, that, as provided in § 1630.9(c) of this part, the failure to obtain or receive technical assistance from the Federal agencies that administer the ADA will not excuse the employer from its reasonable accommodation obligation.
Once potential accommodations have been identified, the employer should assess the effectiveness of each potential accommodation in assisting the individual in need of the accommodation in the performance of the essential functions of the position. If more than one of these accommodations will enable the individual to perform the essential functions or if the individual would prefer to provide his or her own accommodation, the preference of the individual with a disability should be given primary consideration. However, the employer providing the accommodation has the ultimate discretion to choose between effective accommodations, and may choose the less expensive accommodation or the accommodation that is easier for it to provide. It should also be noted that the individual's willingness to provide his or her own accommodation does not relieve the employer of the duty to provide the accommodation should the individual for any reason be unable or unwilling to continue to provide the accommodation.
Reasonable Accommodation Process Illustrated
The following example illustrates the informal reasonable accommodation process. Suppose a Sack Handler position requires that the employee pick up fifty pound sacks and carry them from the company loading dock to the storage room, and that a sack handler who is disabled by a back impairment requests a reasonable accommodation. Upon receiving the request, the employer analyzes the Sack Handler job and determines that the essential function and purpose of the job is not the requirement that the job holder physically lift and carry the sacks, but the requirement that the job holder cause the sack to move from the loading dock to the storage room.
The employer then meets with the sack handler to ascertain precisely the barrier posed by the individual's specific disability to the performance of the job's essential function of relocating the sacks. At this meeting the employer learns that the individual can, in fact, lift the sacks to waist level, but is prevented by his or her disability from carrying the sacks from the loading dock to the storage room. The employer and the individual agree that any of a number of potential accommodations, such as the provision of a dolly, hand truck, or cart, could enable the individual to transport the sacks that he or she has lifted.
Upon further consideration, however, it is determined that the provision of a cart is not a feasible effective option. No carts are currently available at the company, and those that can be purchased by the company are the wrong shape to hold many of the bulky and irregularly shaped sacks that must be moved. Both the dolly and the hand truck, on the other hand, appear to be effective options. Both are readily available to the company, and either will enable the individual to relocate the sacks that he or she has lifted. The sack handler indicates his or her preference for the dolly. In consideration of this expressed preference, and because the employer feels that the dolly will allow the individual to move more sacks at a time and so be more efficient than would a hand truck, the employer ultimately provides the sack handler with a dolly in fulfillment of the obligation to make reasonable accommodation.
Section 1630.9(b)
This provision states that an employer or other covered entity cannot prefer or select a qualified individual without a disability over an equally qualified individual with a disability merely because the individual with a disability will require a reasonable accommodation. In other words, an individual's need for an accommodation cannot enter into the employer's or other covered entity's decision regarding hiring, discharge, promotion, or other similar employment decisions, unless the accommodation would impose an undue hardship on the employer. See House Labor Report at 70.
Section 1630.9(d)
The purpose of this provision is to clarify that an employer or other covered entity may not compel an individual with a disability to accept an accommodation, where that accommodation is neither requested nor needed by the individual. However, if a necessary reasonable accommodation is refused, the individual may not be considered qualified. For example, an individual with a visual impairment that restricts his or her field of vision but who is able to read unaided would not be required to accept a reader as an accommodation. However, if the individual were not able to read unaided and reading was an essential function of the job, the individual would not be qualified for the job if he or she refused a reasonable accommodation that would enable him or her to read. See Senate Report at 34; House Labor Report at 65; House Judiciary Report at 71-72.
Section 1630.9(e)
The purpose of this provision is to incorporate the clarification made in the ADA Amendments Act of 2008 that an individual is not entitled to reasonable accommodation under the ADA if the individual is only covered under the “regarded as” prong of the definition of “individual with a disability.” However, if the individual is covered under both the “regarded as” prong and one or both of the other two prongs of the definition of disability, the ordinary rules concerning the provision of reasonable accommodation apply.
Section 1630.10 Qualification Standards, Tests, and Other Selection Criteria
Section 1630.10(a) - In General
The purpose of this provision is to ensure that individuals with disabilities are not excluded from job opportunities unless they are actually unable to do the job. It is to ensure that there is a fit between job criteria and an applicant's (or employee's) actual ability to do the job. Accordingly, job criteria that even unintentionally screen out, or tend to screen out, an individual with a disability or a class of individuals with disabilities because of their disability may not be used unless the employer demonstrates that those criteria, as used by the employer, are job related for the position to which they are being applied and are consistent with business necessity. The concept of “business necessity” has the same meaning as the concept of “business necessity” under section 504 of the Rehabilitation Act of 1973.
Selection criteria that exclude, or tend to exclude, an individual with a disability or a class of individuals with disabilities because of their disability but do not concern an essential function of the job would not be consistent with business necessity.
The use of selection criteria that are related to an essential function of the job may be consistent with business necessity. However, selection criteria that are related to an essential function of the job may not be used to exclude an individual with a disability if that individual could satisfy the criteria with the provision of a reasonable accommodation. Experience under a similar provision of the regulations implementing section 504 of the Rehabilitation Act indicates that challenges to selection criteria are, in fact, often resolved by reasonable accommodation.
This provision is applicable to all types of selection criteria, including safety requirements, vision or hearing requirements, walking requirements, lifting requirements, and employment tests. See 1989 Senate Report at 37-39; House Labor Report at 70-72; House Judiciary Report at 42. As previously noted, however, it is not the intent of this part to second guess an employer's business judgment with regard to production standards. See § 1630.2(n) (Essential Functions). Consequently, production standards will generally not be subject to a challenge under this provision.
The Uniform Guidelines on Employee Selection Procedures (UGESP) 29 CFR part 1607 do not apply to the Rehabilitation Act and are similarly inapplicable to this part.
Section 1630.10(b) - Qualification Standards and Tests Related to Uncorrected Vision
This provision allows challenges to qualification standards based on uncorrected vision, even where the person excluded by a standard has fully corrected vision with ordinary eyeglasses or contact lenses. An individual challenging a covered entity's application of a qualification standard, test, or other criterion based on uncorrected vision need not be a person with a disability. In order to have standing to challenge such a standard, test, or criterion, however, a person must be adversely affected by such standard, test or criterion. The Commission also believes that such individuals will usually be covered under the “regarded as” prong of the definition of disability. Someone who wears eyeglasses or contact lenses to correct vision will still have an impairment, and a qualification standard that screens the individual out because of the impairment by requiring a certain level of uncorrected vision to perform a job will amount to an action prohibited by the ADA based on an impairment. (See § 1630.2(l); appendix to § 1630.2(l).)
In either case, a covered entity may still defend a qualification standard requiring a certain level of uncorrected vision by showing that it is job related and consistent with business necessity. For example, an applicant or employee with uncorrected vision of 20/100 who wears glasses that fully correct his vision may challenge a police department's qualification standard that requires all officers to have uncorrected vision of no less than 20/40 in one eye and 20/100 in the other, and visual acuity of 20/20 in both eyes with correction. The department would then have to establish that the standard is job related and consistent with business necessity.
Section 1630.11 Administration of Tests
The intent of this provision is to further emphasize that individuals with disabilities are not to be excluded from jobs that they can actually perform merely because a disability prevents them from taking a test, or negatively influences the results of a test, that is a prerequisite to the job. Read together with the reasonable accommodation requirement of section 1630.9, this provision requires that employment tests be administered to eligible applicants or employees with disabilities that impair sensory, manual, or speaking skills in formats that do not require the use of the impaired skill.
The employer or other covered entity is, generally, only required to provide such reasonable accommodation if it knows, prior to the administration of the test, that the individual is disabled and that the disability impairs sensory, manual or speaking skills. Thus, for example, it would be unlawful to administer a written employment test to an individual who has informed the employer, prior to the administration of the test, that he is disabled with dyslexia and unable to read. In such a case, as a reasonable accommodation and in accordance with this provision, an alternative oral test should be administered to that individual. By the same token, a written test may need to be substituted for an oral test if the applicant taking the test is an individual with a disability that impairs speaking skills or impairs the processing of auditory information.
Occasionally, an individual with a disability may not realize, prior to the administration of a test, that he or she will need an accommodation to take that particular test. In such a situation, the individual with a disability, upon becoming aware of the need for an accommodation, must so inform the employer or other covered entity. For example, suppose an individual with a disabling visual impairment does not request an accommodation for a written examination because he or she is usually able to take written tests with the aid of his or her own specially designed lens. When the test is distributed, the individual with a disability discovers that the lens is insufficient to distinguish the words of the test because of the unusually low color contrast between the paper and the ink, the individual would be entitled, at that point, to request an accommodation. The employer or other covered entity would, thereupon, have to provide a test with higher contrast, schedule a retest, or provide any other effective accommodation unless to do so would impose an undue hardship.
Other alternative or accessible test modes or formats include the administration of tests in large print or braille, or via a reader or sign interpreter. Where it is not possible to test in an alternative format, the employer may be required, as a reasonable accommodation, to evaluate the skill to be tested in another manner (e.g., through an interview, or through education license, or work experience requirements). An employer may also be required, as a reasonable accommodation, to allow more time to complete the test. In addition, the employer's obligation to make reasonable accommodation extends to ensuring that the test site is accessible. (See § 1630.9 Not Making Reasonable Accommodation) See Senate Report at 37-38; House Labor Report at 70-72; House Judiciary Report at 42; see also Stutts v. Freeman, 694 F.2d 666 (11th Cir. 1983); Crane v. Dole, 617 F. Supp. 156 (D.D.C. 1985).
This provision does not require that an employer offer every applicant his or her choice of test format. Rather, this provision only requires that an employer provide, upon advance request, alternative, accessible tests to individuals with disabilities that impair sensory, manual, or speaking skills needed to take the test.
This provision does not apply to employment tests that require the use of sensory, manual, or speaking skills where the tests are intended to measure those skills. Thus, an employer could require that an applicant with dyslexia take a written test for a particular position if the ability to read is the skill the test is designed to measure. Similarly, an employer could require that an applicant complete a test within established time frames if speed were one of the skills for which the applicant was being tested. However, the results of such a test could not be used to exclude an individual with a disability unless the skill was necessary to perform an essential function of the position and no reasonable accommodation was available to enable the individual to perform that function, or the necessary accommodation would impose an undue hardship.
Section 1630.13 Prohibited Medical Examinations and Inquiries
Section 1630.13(a) Pre-employment Examination or Inquiry
This provision makes clear that an employer cannot inquire as to whether an individual has a disability at the pre-offer stage of the selection process. Nor can an employer inquire at the pre-offer stage about an applicant's workers' compensation history.
Employers may ask questions that relate to the applicant's ability to perform job-related functions. However, these questions should not be phrased in terms of disability. An employer, for example, may ask whether the applicant has a driver's license, if driving is a job function, but may not ask whether the applicant has a visual disability. Employers may ask about an applicant's ability to perform both essential and marginal job functions. Employers, though, may not refuse to hire an applicant with a disability because the applicant's disability prevents him or her from performing marginal functions. See Senate Report at 39; House Labor Report at 72-73; House Judiciary Report at 42-43.
Section 1630.13(b) Examination or Inquiry of Employees
The purpose of this provision is to prevent the administration to employees of medical tests or inquiries that do not serve a legitimate business purpose. For example, if an employee suddenly starts to use increased amounts of sick leave or starts to appear sickly, an employer could not require that employee to be tested for AIDS, HIV infection, or cancer unless the employer can demonstrate that such testing is job-related and consistent with business necessity. See Senate Report at 39; House Labor Report at 75; House Judiciary Report at 44.
Section 1630.14 Medical Examinations and Inquiries Specifically Permitted
Section 1630.14(a) Pre-employment Inquiry
Employers are permitted to make pre-employment inquiries into the ability of an applicant to perform job-related functions. This inquiry must be narrowly tailored. The employer may describe or demonstrate the job function and inquire whether or not the applicant can perform that function with or without reasonable accommodation. For example, an employer may explain that the job requires assembling small parts and ask if the individual will be able to perform that function, with or without reasonable accommodation. See Senate Report at 39; House Labor Report at 73; House Judiciary Report at 43.
An employer may also ask an applicant to describe or to demonstrate how, with or without reasonable accommodation, the applicant will be able to perform job-related functions. Such a request may be made of all applicants in the same job category regardless of disability. Such a request may also be made of an applicant whose known disability may interfere with or prevent the performance of a job-related function, whether or not the employer routinely makes such a request of all applicants in the job category. For example, an employer may ask an individual with one leg who applies for a position as a home washing machine repairman to demonstrate or to explain how, with or without reasonable accommodation, he would be able to transport himself and his tools down basement stairs. However, the employer may not inquire as to the nature or severity of the disability. Therefore, for example, the employer cannot ask how the individual lost the leg or whether the loss of the leg is indicative of an underlying impairment.
On the other hand, if the known disability of an applicant will not interfere with or prevent the performance of a job-related function, the employer may only request a description or demonstration by the applicant if it routinely makes such a request of all applicants in the same job category. So, for example, it would not be permitted for an employer to request that an applicant with one leg demonstrate his ability to assemble small parts while seated at a table, if the employer does not routinely request that all applicants provide such a demonstration.
An employer that requires an applicant with a disability to demonstrate how he or she will perform a job-related function must either provide the reasonable accommodation the applicant needs to perform the function or permit the applicant to explain how, with the accommodation, he or she will perform the function. If the job-related function is not an essential function, the employer may not exclude the applicant with a disability because of the applicant's inability to perform that function. Rather, the employer must, as a reasonable accommodation, either provide an accommodation that will enable the individual to perform the function, transfer the function to another position, or exchange the function for one the applicant is able to perform.
An employer may not use an application form that lists a number of potentially disabling impairments and ask the applicant to check any of the impairments he or she may have. In addition, as noted above, an employer may not ask how a particular individual became disabled or the prognosis of the individual's disability. The employer is also prohibited from asking how often the individual will require leave for treatment or use leave as a result of incapacitation because of the disability. However, the employer may state the attendance requirements of the job and inquire whether the applicant can meet them.
An employer is permitted to ask, on a test announcement or application form, that individuals with disabilities who will require a reasonable accommodation in order to take the test so inform the employer within a reasonable established time period prior to the administration of the test. The employer may also request that documentation of the need for the accommodation accompany the request. Requested accommodations may include accessible testing sites, modified testing conditions and accessible test formats. (See § 1630.11 Administration of Tests).
Physical agility tests are not medical examinations and so may be given at any point in the application or employment process. Such tests must be given to all similarly situated applicants or employees regardless of disability. If such tests screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, the employer would have to demonstrate that the test is job-related and consistent with business necessity and that performance cannot be achieved with reasonable accommodation. (See § 1630.9 Not Making Reasonable Accommodation: Process of Determining the Appropriate Reasonable Accommodation).
As previously noted, collecting information and inviting individuals to identify themselves as individuals with disabilities as required to satisfy the affirmative action requirements of section 503 of the Rehabilitation Act is not restricted by this part. (See § 1630.1 (b) and (c) Applicability and Construction).
Section 1630.14(b) Employment Entrance Examination
An employer is permitted to require post-offer medical examinations before the employee actually starts working. The employer may condition the offer of employment on the results of the examination, provided that all entering employees in the same job category are subjected to such an examination, regardless of disability, and that the confidentiality requirements specified in this part are met.
This provision recognizes that in many industries, such as air transportation or construction, applicants for certain positions are chosen on the basis of many factors including physical and psychological criteria, some of which may be identified as a result of post-offer medical examinations given prior to entry on duty. Only those employees who meet the employer's physical and psychological criteria for the job, with or without reasonable accommodation, will be qualified to receive confirmed offers of employment and begin working.
Medical examinations permitted by this section are not required to be job-related and consistent with business necessity. However, if an employer withdraws an offer of employment because the medical examination reveals that the employee does not satisfy certain employment criteria, either the exclusionary criteria must not screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, or they must be job-related and consistent with business necessity. As part of the showing that an exclusionary criteria is job-related and consistent with business necessity, the employer must also demonstrate that there is no reasonable accommodation that will enable the individual with a disability to perform the essential functions of the job. See Conference Report at 59-60; Senate Report at 39; House Labor Report at 73-74; House Judiciary Report at 43.
As an example, suppose an employer makes a conditional offer of employment to an applicant, and it is an essential function of the job that the incumbent be available to work every day for the next three months. An employment entrance examination then reveals that the applicant has a disabling impairment that, according to reasonable medical judgment that relies on the most current medical knowledge, will require treatment that will render the applicant unable to work for a portion of the three month period. Under these circumstances, the employer would be able to withdraw the employment offer without violating this part.
The information obtained in the course of a permitted entrance examination or inquiry is to be treated as a confidential medical record and may only be used in a manner not inconsistent with this part. State workers' compensation laws are not preempted by the ADA or this part. These laws require the collection of information from individuals for State administrative purposes that do not conflict with the ADA or this part. Consequently, employers or other covered entities may submit information to State workers' compensation offices or second injury funds in accordance with State workers' compensation laws without violating this part.
Consistent with this section and with § 1630.16(f) of this part, information obtained in the course of a permitted entrance examination or inquiry may be used for insurance purposes described in § 1630.16(f).
Section 1630.14(c) Examination of Employees
This provision permits employers to make inquiries or require medical examinations (fitness for duty exams) when there is a need to determine whether an employee is still able to perform the essential functions of his or her job. The provision permits employers or other covered entities to make inquiries or require medical examinations necessary to the reasonable accommodation process described in this part. This provision also permits periodic physicals to determine fitness for duty or other medical monitoring if such physicals or monitoring are required by medical standards or requirements established by Federal, State, or local law that are consistent with the ADA and this part (or in the case of a Federal standard, with section 504 of the Rehabilitation Act) in that they are job-related and consistent with business necessity.
Such standards may include Federal safety regulations that regulate bus and truck driver qualifications, as well as laws establishing medical requirements for pilots or other air transportation personnel. These standards also include health standards promulgated pursuant to the Occupational Safety and Health Act of 1970, the Federal Coal Mine Health and Safety Act of 1969, or other similar statutes that require that employees exposed to certain toxic and hazardous substances be medically monitored at specific intervals. See House Labor Report at 74-75.
The information obtained in the course of such examination or inquiries is to be treated as a confidential medical record and may only be used in a manner not inconsistent with this part.
Section 1630.14(d)(1): Health Program
Part 1630 permits voluntary medical examinations and inquiries, including voluntary medical histories, as part of employee health programs. These health programs include many wellness programs, which often incorporate, for example: A health risk assessment (HRA) consisting of a medical questionnaire, with or without medical examinations, to determine risk factors; medical screening for high blood pressure, cholesterol, or glucose; classes to help employees stop smoking or lose weight; physical activities in which employees can engage (such as walking or exercising daily); coaching to help employees meet health goals; and/or the administration of flu shots. Many employers offer wellness programs as part of a group health plan as a means of improving overall employee health with the goal of realizing lower health care costs. Other employers offer wellness programs that are available to all employees, regardless of whether they are in enrolled in a group health plan, while some employers offer wellness programs but do not sponsor a group health plan or group health insurance.
It is not sufficient for a covered entity merely to claim that its collection of medical information is part of a wellness program; the program, including any disability-related inquiries and medical examinations that are part of such program, must be reasonably designed to promote health or prevent disease. In order to meet this standard, the program must have a reasonable chance of improving the health of, or preventing disease in, participating employees, and must not be overly burdensome, a subterfuge for violating the ADA or other laws prohibiting employment discrimination, or highly suspect in the method chosen to promote health or prevent disease. Asking employees to complete a HRA and/or undergo a biometric screening for the purpose of alerting them to health risks of which they may have been unaware would meet this standard, as would the use of aggregate information from HRAs by an employer to design and offer health programs aimed at specific conditions identified by the information collected. An employer might conclude from aggregate information, for example, that a significant number of its employees have diabetes or high blood pressure and might design specific programs that would enable employees to treat or manage these conditions. On the other hand, collecting medical information on a health questionnaire without providing employees meaningful follow-up information or advice, such as providing feedback about specific risk factors or using aggregate information to design programs or treat any specific conditions, would not be reasonably designed to promote health or prevent disease. Additionally, a program is not reasonably designed to promote health or prevent disease if it imposes, as a condition to obtaining a reward, an overly burdensome amount of time for participation, requires unreasonably intrusive procedures, or places significant costs related to medical examinations on employees. A program also is not reasonably designed if it exists mainly to shift costs from the covered entity to targeted employees based on their health or simply to give an employer information to estimate future health care costs.
Section 1630.14(d)(2): Definition of “Voluntary”
Section 1630.14(d)(2)(i) through (iii) of this part says that participation in employee health programs that include disability-related inquiries or medical examinations (such as disability-related inquiries or medical examinations that are part of a HRA) must be voluntary in order to comply with the ADA. This means that covered entities may not require employees to participate in such programs, may not deny employees access to health coverage under any of their group health plans or particular benefits packages within a group health plan for non-participation, may not limit coverage under their health plans for such employees, except to the extent the limitation (e.g., having to pay a higher deductible) may be the result of forgoing a financial incentive permissible under § 1630.14(d)(3), and may not take any other adverse action against employees who choose not to answer disability-related inquiries or undergo medical examinations. Additionally, covered entities may not retaliate against, interfere with, coerce, intimidate, or threaten employees within the meaning of Section 503 of the ADA, codified at 42 U.S.C. 12203. For example, an employer may not retaliate against an employee who declines to participate in a health program or files a charge with the EEOC concerning the program, may not coerce an employee into participating in a health program or into giving the employer access to medical information collected as part of the program, and may not threaten an employee with discipline if the employee does not participate in a health program. See42 U.S.C. 12203(a),(b); 29 CFR 1630.12.
Section 1630.14(d)(2)(iv) of this part also states that for a wellness program that includes disability-related inquiries or medical examinations to be voluntary, an employer must provide employees with a notice clearly explaining what medical information will be obtained, how the medical information will be used, who will receive the medical information, the restrictions on its disclosure, and the methods the covered entity uses to prevent improper disclosure of medical information.
Section 1630.14(d)(3): Limitations on Incentives
The ADA, interpreted in light of the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act, does not prohibit the use of incentives to encourage participation in employee health programs, but it does place limits on them. In general, the use of limited incentives (which include both financial and in-kind incentives, such as time-off awards, prizes, or other items of value) in a wellness program will not render a wellness program involuntary. However, the maximum allowable incentive for a participatory program that involves asking disability-related questions or conducting medical examinations (such as having employees complete a HRA) or for a health-contingent program that requires participants to satisfy a standard related to a health factor may not exceed: (i) 30 Percent of the total cost of self-only coverage (including both the employee's and employer's contribution) where participation in a wellness program depends on enrollment in a particular health plan; (ii) 30 percent of the total cost of self-only coverage when the covered entity offers only one group health plan and participation in a wellness program is offered to all employees regardless of whether they are enrolled in the plan; (iii) 30 percent of the total cost of the lowest cost self-only coverage under a major medical group health plan where the covered entity offers more than one group health plan but participation in the wellness program is offered to employees whether or not they are enrolled in a particular plan; or (iv) 30 percent of the cost to a 40-year-old non-smoker of the second lowest cost Silver Plan (available under the Affordable Care Act) in the location that the employer identifies as its principal place of business, where the covered entity does not offer a group health plan or group health insurance coverage. The following examples illustrate how to calculate the permissible incentive limits in each of these situations.
Where an employee participates in a wellness program that is only offered to employees enrolled in a group health plan and the total cost of self-only coverage under that plan is $6,000 annually, the maximum allowable incentive is $1,800 (30 percent of $6,000). The same incentive would be available if this employer offers only one group health plan and allowed employees to participate in the wellness program regardless of whether they are enrolled in the health plan. Suppose, however, an employer offers three different group health plans with the total cost of self-only coverage under its major medical group health plans ranging in cost from $5,000 to $8,000 annually and wants to offer employees incentives for participating in a wellness program that includes a HRA and medical examination regardless of whether they are enrolled in a particular health plan. In that case, the maximum allowable incentive is $1,500 (30 percent of the total cost of the lowest cost self-only coverage under a major medical group health plan). Finally, if the employer does not offer health insurance but wants to offer an incentive for employees to participate in a wellness program that includes disability-related inquiries or medical examinations, the maximum allowable incentive is 30 percent of what it would cost a 40-year-old non-smoker to purchase the second lowest cost Silver Plan on the federal or state health care Exchange in the location that the employer identifies as its principal place of business. Thus, if such a plan would cost $4,000, the maximum allowable incentive would be $1,200.
Not all wellness programs require disability-related inquiries or medical examinations in order to earn an incentive. Examples may include attending nutrition, weight loss, or smoking cessation classes. These types of programs are not subject to the ADA incentive rules discussed here, although programs that qualify as health-contingent programs (such as an activity-based program that requires employees to exercise or walk) and that are part of a group health plan are subject to HIPAA incentive limits.
Under the ADA, regardless of whether a wellness program includes disability-related inquiries or medical examinations, reasonable accommodations must be provided, absent undue hardship, to enable employees with disabilities to earn whatever financial incentive an employer or other covered entity offers. Providing a reasonable alternative standard and notice to the employee of the availability of a reasonable alternative under HIPAA and the Affordable Care Act as part of a health-contingent program would generally fulfill a covered entity's obligation to provide a reasonable accommodation under the ADA. However, under the ADA, a covered entity would have to provide a reasonable accommodation for a participatory program even though HIPAA and the Affordable Care Act do not require such programs to offer a reasonable alternative standard, and reasonable alternative standards are not required at all if the program is not part of a group health plan.
For example, an employer that offers employees a financial incentive to attend a nutrition class, regardless of whether they reach a healthy weight as a result, would have to provide a sign language interpreter so that an employee who is deaf and who needs an interpreter to understand the information communicated in the class could earn the incentive, as long as providing the interpreter would not result in undue hardship to the employer. Similarly, an employer would, absent undue hardship, have to provide written materials that are part of a wellness program in an alternate format, such as in large print or on computer disk, for someone with a vision impairment. An individual with a disability also may need a reasonable accommodation to participate in a wellness program that includes disability-related inquiries or medical examinations, including a waiver of a generally applicable requirement. For example, an employer that offers a reward for completing a biometric screening that includes a blood draw would have to provide an alternative test (or certification requirement) so that an employee with a disability that makes drawing blood dangerous can participate and earn the incentive.
Application of Section 1630.14(d)(3) to Smoking Cessation Programs
Regulations implementing the wellness provisions in HIPAA, as amended by the Affordable Care Act, permit covered entities to offer incentives as high as 50 percent of the total cost of self-only coverage for tobacco-related wellness programs, such as smoking cessation programs. As noted above, the incentive rules in paragraph 1630.14(d)(3) apply only to employee health programs that include disability-related inquiries or medical examinations. A smoking cessation program that merely asks employees whether or not they use tobacco (or whether or not they ceased using tobacco upon completion of the program) is not an employee health program that includes disability-related inquiries or medical examinations. The incentive rules in § 1630.14(d)(3) would not apply to incentives a covered entity could offer in connection with such a program. Therefore, a covered entity would be permitted to offer incentives as high as 50 percent of the cost of self-only coverage for that smoking cessation program, pursuant to the regulations implementing HIPAA, as amended by the Affordable Care Act, without implicating the disability-related inquiries or medical examinations provision of the ADA. The ADA nondiscrimination requirements, such as the need to provide reasonable accommodations that provide employees with disabilities equal access to benefits, would still apply.
By contrast, a biometric screening or other medical examination that tests for the presence of nicotine or tobacco is a medical examination. The ADA financial incentive rules discussed supra would therefore apply to a wellness program that included such a screening.
Section 1630.14(d)(4)(i) Through (v): Confidentiality
Paragraphs (d)(4)(i) and (ii) say that medical records developed in the course of providing voluntary health services to employees, including wellness programs, must be maintained in a confidential manner and must not be used for any purpose in violation of this part, such as limiting insurance eligibility. See House Labor Report at 75; House Judiciary Report at 43-44. Further, although an exception to confidentiality that tracks the language of the ADA itself states that information gathered in the course of providing employees with voluntary health services may be disclosed to managers and supervisors in connection with necessary work restrictions or accommodations, such an exception would rarely, if ever, apply to medical information collected as part of a wellness program, and sharing such information could be inconsistent with the definition of an employee health program. In addition, as described more fully below, certain disclosures that are permitted for employee health programs generally may not be permissible under the HIPAA Privacy Rule for wellness programs that are part of a group health plan without the written authorization of the individual.
Section 1630.14(d)(4)(iii) says that a covered entity only may receive information collected as part of an employee health program in aggregate form that does not disclose, and is not reasonably likely to disclose, the identity of specific individuals except as is necessary to administer the plan or as permitted by § 1630.14(d)(4)(i). Notably, both employers that sponsor employee health programs and the employee health programs themselves (if they are administered by the employer or qualify as the employer's agent) are responsible for ensuring compliance with this provision.
Where a wellness program is part of a group health plan, the individually identifiable health information collected from or created about participants as part of the wellness program is protected health information (PHI) under the HIPAA Privacy, Security, and Breach Notification Rules. (45 CFR parts 160 and 164.) The HIPAA Privacy, Security, and Breach Notification Rules apply to HIPAA covered entities, which include group health plans, and generally protect identifiable health information maintained by or on behalf of such entities, by among other provisions, setting limits and conditions on the uses and disclosures that may be made of such information.
PHI is information, including demographic data that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual (including, for example, address, birth date, or social security number), and that relates to: An individual's past, present, or future physical or mental health or condition; the provision of health care to the individual; or the past, present, or future payment for the provision of health care to the individual. HIPAA covered entities may not disclose PHI to an individual's employer except in limited circumstances. For example, as discussed more fully below, an employer that sponsors a group health plan may receive PHI to administer the plan (without authorization of the individual), but only if the employer certifies to the plan that it will safeguard the information and not improperly use or share the information. See Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”), Public Law 104-191; 45 CFR part 160 and Part 164, Subparts A and E. However, there are no restrictions on the use or disclosure of health information that has been de-identified in accordance with the HIPAA Privacy Rule. Individuals may file a complaint with HHS if they believe a health plan fails to comply with privacy requirements and HHS may require corrective action or impose civil money penalties for noncompliance.
A wellness program that is part of a HIPAA covered entity likely will be able to comply with its obligation under § 1630.14(d)(4)(iii) by complying with the HIPAA Privacy Rule. An employer that is a health plan sponsor and receives individually identifiable health information from or on behalf of the group health plan, as permitted by HIPAA when the plan sponsor is administering aspects of the plan, may generally satisfy its requirement to comply with § 1630.14(d)(4)(iii) by certifying to the group health plan, as provided by 45 CFR 164.504(f)(2)(ii), that it will not use or disclose the information for purposes not permitted by its plan documents and the Privacy Rule, such as for employment purposes, and abiding by that certification. Further, if an employer is not performing plan administration functions on behalf of the group health plan, it may receive aggregate information from the wellness program under § 1630.14(d)(4)(iii) only so long as the information is de-identified in accordance with the HIPAA Privacy Rule. In addition, disclosures of protected health information from the wellness program may only be made in accordance with the Privacy Rule. Thus, certain disclosures that are otherwise permitted under § 1630.14(d)(4)(i) and (ii) for employee health programs generally may not be permissible under the Privacy Rule for wellness programs that are part of a group health plan without the written authorization of the individual. For example, the ADA allows disclosures of medical information when an employee needs a reasonable accommodation or requires emergency treatment at work.
Section 1630.14(d)(4)(iv) says that a covered entity may not require an employee to agree to the sale, exchange, sharing, transfer, or other disclosure of medical information (except to the extent permitted by this part to carry out specific activities related to the wellness program), or waive confidentiality protections available under the ADA as a condition for participating in a wellness program or receiving a wellness program incentive.
Employers and wellness program providers must take steps to protect the confidentiality of employee medical information provided as part of an employee health program. Some of the following steps may be required by law; others may be best practices. It is critical to properly train all individuals who handle medical information about the requirements of the ADA and, as applicable, HIPAA's privacy, security, and breach requirements and any other privacy laws. Employers and program providers should have clear privacy policies and procedures related to the collection, storage, and disclosure of medical information. On-line systems and other technology should guard against unauthorized access, such as through use of encryption for medical information stored electronically. Breaches of confidentiality should be reported to affected employees immediately and should be thoroughly investigated. Employers should make clear that individuals responsible for disclosures of confidential medical information will be disciplined and should consider discontinuing relationships with vendors responsible for breaches of confidentiality.
Individuals who handle medical information that is part of an employee health program should not be responsible for making decisions related to employment, such as hiring, termination, or discipline. Use of a third-party vendor that maintains strict confidentiality and data security procedures may reduce the risk that medical information will be disclosed to individuals who make employment decisions, particularly for employers whose organizational structure makes it difficult to provide adequate safeguards. If an employer uses a third-party vendor, it should be familiar with the vendor's privacy policies for ensuring the confidentiality of medical information. Employers that administer their own wellness programs need adequate firewalls in place to prevent unintended disclosure. If individuals who handle medical information obtained through a wellness program do act as decision-makers (which may be the case for a small employer that administers its own wellness program), they may not use the information to discriminate on the basis of disability in violation of the ADA.
Section 1630.14(d)(5): Compliance With Other Employment Nondiscrimination Laws
Section 1630.14(d)(5) clarifies that compliance with the requirements of paragraph (d) of this section, including the limits on incentives applicable under the ADA, does not mean that a covered entity complies with other federal employment nondiscrimination laws, such as Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000eet seq., the Equal Pay Act of 1963, 29 U.S.C. 206(d), the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621et seq., Title II of the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 2000ffet seq., and other sections of Title I of the ADA. Thus, even though an employer's wellness program might comply with the incentive limits set out in paragraph (d)(3), the employer would violate federal nondiscrimination statutes if that program discriminates on the basis of race, sex (including pregnancy, gender identity, transgender status, and sexual orientation), color, religion, national origin, or age. Additionally, if a wellness program requirement (such as a particular blood pressure or glucose level or body mass index) disproportionately affects individuals on the basis of some protected characteristic, an employer may be able to avoid a disparate impact claim by offering and providing a reasonable alternative standard.
Section 1630.14(d)(6): Inapplicability of the ADA's Safe Harbor Provision
Finally, section 1630.14(d)(6) states that the “safe harbor” provision, set forth in section 501(c) of the ADA, 42 U.S.C. 12201(c), that allows insurers and benefit plans to classify, underwrite, and administer risks, does not apply to wellness programs, even if such programs are part of a covered entity's health plan. The safe harbor permits insurers and employers (as sponsors of health or other insurance benefits) to treat individuals differently based on disability, but only where justified according to accepted principles of risk classification (some of which became unlawful subsequent to passage of the ADA). SeeSenate Report at 85-86; House Education and Labor Report at 137-38. It does not apply simply because a covered entity asserts that it used information collected as part of a wellness program to estimate, or to try to reduce, its risks or health care costs.
Section 1630.15 Defenses
The section on defenses in part 1630 is not intended to be exhaustive. However, it is intended to inform employers of some of the potential defenses available to a charge of discrimination under the ADA and this part.
Section 1630.15(a) Disparate Treatment Defenses
The “traditional” defense to a charge of disparate treatment under title VII, as expressed in McDonnell Douglas Corp. v. Green,411 U.S. 792 (1973), Texas Department of Community Affairs v. Burdine,450 U.S. 248 (1981), and their progeny, may be applicable to charges of disparate treatment brought under the ADA. See Prewitt v. U.S. Postal Service, 662 F.2d 292 (5th Cir. 1981). Disparate treatment means, with respect to title I of the ADA, that an individual was treated differently on the basis of his or her disability. For example, disparate treatment has occurred where an employer excludes an employee with a severe facial disfigurement from staff meetings because the employer does not like to look at the employee. The individual is being treated differently because of the employer's attitude towards his or her perceived disability. Disparate treatment has also occurred where an employer has a policy of not hiring individuals with AIDS regardless of the individuals' qualifications.
The crux of the defense to this type of charge is that the individual was treated differently not because of his or her disability but for a legitimate nondiscriminatory reason such as poor performance unrelated to the individual's disability. The fact that the individual's disability is not covered by the employer's current insurance plan or would cause the employer's insurance premiums or workers' compensation costs to increase, would not be a legitimate nondiscriminatory reason justifying disparate treatment of an individual with a disability. Senate Report at 85; House Labor Report at 136 and House Judiciary Report at 70. The defense of a legitimate nondiscriminatory reason is rebutted if the alleged nondiscriminatory reason is shown to be pretextual.
Section 1630.15 (b) and (c) Disparate Impact Defenses
Disparate impact means, with respect to title I of the ADA and this part, that uniformly applied criteria have an adverse impact on an individual with a disability or a disproportionately negative impact on a class of individuals with disabilities. Section 1630.15(b) clarifies that an employer may use selection criteria that have such a disparate impact, i.e., that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities only when they are job-related and consistent with business necessity.
For example, an employer interviews two candidates for a position, one of whom is blind. Both are equally qualified. The employer decides that while it is not essential to the job it would be convenient to have an employee who has a driver's license and so could occasionally be asked to run errands by car. The employer hires the individual who is sighted because this individual has a driver's license. This is an example of a uniformly applied criterion, having a driver's permit, that screens out an individual who has a disability that makes it impossible to obtain a driver's permit. The employer would, thus, have to show that this criterion is job-related and consistent with business necessity. See House Labor Report at 55.
However, even if the criterion is job-related and consistent with business necessity, an employer could not exclude an individual with a disability if the criterion could be met or job performance accomplished with a reasonable accommodation. For example, suppose an employer requires, as part of its application process, an interview that is job-related and consistent with business necessity. The employer would not be able to refuse to hire a hearing impaired applicant because he or she could not be interviewed. This is so because an interpreter could be provided as a reasonable accommodation that would allow the individual to be interviewed, and thus satisfy the selection criterion.
With regard to safety requirements that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, an employer must demonstrate that the requirement, as applied to the individual, satisfies the “direct threat” standard in § 1630.2(r) in order to show that the requirement is job-related and consistent with business necessity.
Section 1630.15(c) clarifies that there may be uniformly applied standards, criteria and policies not relating to selection that may also screen out or tend to screen out an individual with a disability or a class of individuals with disabilities. Like selection criteria that have a disparate impact, non-selection criteria having such an impact may also have to be job-related and consistent with business necessity, subject to consideration of reasonable accommodation.
It should be noted, however, that some uniformly applied employment policies or practices, such as leave policies, are not subject to challenge under the adverse impact theory. “No-leave” policies (e.g., no leave during the first six months of employment) are likewise not subject to challenge under the adverse impact theory. However, an employer, in spite of its “no-leave” policy, may, in appropriate circumstances, have to consider the provision of leave to an employee with a disability as a reasonable accommodation, unless the provision of leave would impose an undue hardship. See discussion at § 1630.5 Limiting, Segregating and Classifying, and § 1630.10 Qualification Standards, Tests, and Other Selection Criteria.
Section 1630.15(d) Defense To Not Making Reasonable Accommodation
An employer or other covered entity alleged to have discriminated because it did not make a reasonable accommodation, as required by this part, may offer as a defense that it would have been an undue hardship to make the accommodation.
It should be noted, however, that an employer cannot simply assert that a needed accommodation will cause it undue hardship, as defined in § 1630.2(p), and thereupon be relieved of the duty to provide accommodation. Rather, an employer will have to present evidence and demonstrate that the accommodation will, in fact, cause it undue hardship. Whether a particular accommodation will impose an undue hardship for a particular employer is determined on a case by case basis. Consequently, an accommodation that poses an undue hardship for one employer at a particular time may not pose an undue hardship for another employer, or even for the same employer at another time. Likewise, an accommodation that poses an undue hardship for one employer in a particular job setting, such as a temporary construction worksite, may not pose an undue hardship for another employer, or even for the same employer at a permanent worksite. See House Judiciary Report at 42.
The concept of undue hardship that has evolved under section 504 of the Rehabilitation Act and is embodied in this part is unlike the “undue hardship” defense associated with the provision of religious accommodation under title VII of the Civil Rights Act of 1964. To demonstrate undue hardship pursuant to the ADA and this part, an employer must show substantially more difficulty or expense than would be needed to satisfy the “de minimis” title VII standard of undue hardship. For example, to demonstrate that the cost of an accommodation poses an undue hardship, an employer would have to show that the cost is undue as compared to the employer's budget. Simply comparing the cost of the accommodation to the salary of the individual with a disability in need of the accommodation will not suffice. Moreover, even if it is determined that the cost of an accommodation would unduly burden an employer, the employer cannot avoid making the accommodation if the individual with a disability can arrange to cover that portion of the cost that rises to the undue hardship level, or can otherwise arrange to provide the accommodation. Under such circumstances, the necessary accommodation would no longer pose an undue hardship. See Senate Report at 36; House Labor Report at 68-69; House Judiciary Report at 40-41.
Excessive cost is only one of several possible bases upon which an employer might be able to demonstrate undue hardship. Alternatively, for example, an employer could demonstrate that the provision of a particular accommodation would be unduly disruptive to its other employees or to the functioning of its business. The terms of a collective bargaining agreement may be relevant to this determination. By way of illustration, an employer would likely be able to show undue hardship if the employer could show that the requested accommodation of the upward adjustment of the business' thermostat would result in it becoming unduly hot for its other employees, or for its patrons or customers. The employer would thus not have to provide this accommodation. However, if there were an alternate accommodation that would not result in undue hardship, the employer would have to provide that accommodation.
It should be noted, moreover, that the employer would not be able to show undue hardship if the disruption to its employees were the result of those employees fears or prejudices toward the individual's disability and not the result of the provision of the accommodation. Nor would the employer be able to demonstrate undue hardship by showing that the provision of the accommodation has a negative impact on the morale of its other employees but not on the ability of these employees to perform their jobs.
Section 1630.15(e) Defense - Conflicting Federal Laws and Regulations
There are several Federal laws and regulations that address medical standards and safety requirements. If the alleged discriminatory action was taken in compliance with another Federal law or regulation, the employer may offer its obligation to comply with the conflicting standard as a defense. The employer's defense of a conflicting Federal requirement or regulation may be rebutted by a showing of pretext, or by showing that the Federal standard did not require the discriminatory action, or that there was a nonexclusionary means to comply with the standard that would not conflict with this part. See House Labor Report at 74.
Section 1630.15(f) Claims Based on Transitory and Minor Impairments Under the “Regarded As” Prong
It may be a defense to a charge of discrimination where coverage would be shown solely under the “regarded as” prong of the definition of disability that the impairment is (in the case of an actual impairment) or would be (in the case of a perceived impairment) both transitory and minor. Section 1630.15(f)(1) explains that an individual cannot be “regarded as having such an impairment” if the impairment is both transitory (defined by the ADAAA as lasting or expected to last less than six months) and minor. Section 1630.15(f)(2) explains that the determination of “transitory and minor” is made objectively. For example, an individual who is denied a promotion because he has a minor back injury would be “regarded as” an individual with a disability if the back impairment lasted or was expected to last more than six months. Although minor, the impairment is not transitory. Similarly, if an employer discriminates against an employee based on the employee's bipolar disorder (an impairment that is not transitory and minor), the employee is “regarded as” having a disability even if the employer subjectively believes that the employee's disorder is transitory and minor.
Section 1630.16 Specific Activities Permitted
Section 1630.16(a) Religious Entities
Religious organizations are not exempt from title I of the ADA or this part. A religious corporation, association, educational institution, or society may give a preference in employment to individuals of the particular religion, and may require that applicants and employees conform to the religious tenets of the organization. However, a religious organization may not discriminate against an individual who satisfies the permitted religious criteria because that individual is disabled. The religious entity, in other words, is required to consider individuals with disabilities who are qualified and who satisfy the permitted religious criteria on an equal basis with qualified individuals without disabilities who similarly satisfy the religious criteria. See Senate Report at 42; House Labor Report at 76-77; House Judiciary Report at 46.
Section 1630.16(b) Regulation of Alcohol and Drugs
This provision permits employers to establish or comply with certain standards regulating the use of drugs and alcohol in the workplace. It also allows employers to hold alcoholics and persons who engage in the illegal use of drugs to the same performance and conduct standards to which it holds all of its other employees. Individuals disabled by alcoholism are entitled to the same protections accorded other individuals with disabilities under this part. As noted above, individuals currently engaging in the illegal use of drugs are not individuals with disabilities for purposes of part 1630 when the employer acts on the basis of such use.
Section 1630.16(c) Drug Testing
This provision reflects title I's neutrality toward testing for the illegal use of drugs. Such drug tests are neither encouraged, authorized nor prohibited. The results of such drug tests may be used as a basis for disciplinary action. Tests for the illegal use of drugs are not considered medical examinations for purposes of this part. If the results reveal information about an individual's medical condition beyond whether the individual is currently engaging in the illegal use of drugs, this additional information is to be treated as a confidential medical record. For example, if a test for the illegal use of drugs reveals the presence of a controlled substance that has been lawfully prescribed for a particular medical condition, this information is to be treated as a confidential medical record. See House Labor Report at 79; House Judiciary Report at 47.
Section 1630.16(e) Infectious and Communicable Diseases; Food Handling Jobs
This provision addressing food handling jobs applies the “direct threat” analysis to the particular situation of accommodating individuals with infectious or communicable diseases that are transmitted through the handling of food. The Department of Health and Human Services is to prepare a list of infectious and communicable diseases that are transmitted through the handling of food. If an individual with a disability has one of the listed diseases and works in or applies for a position in food handling, the employer must determine whether there is a reasonable accommodation that will eliminate the risk of transmitting the disease through the handling of food. If there is an accommodation that will not pose an undue hardship, and that will prevent the transmission of the disease through the handling of food, the employer must provide the accommodation to the individual. The employer, under these circumstances, would not be permitted to discriminate against the individual because of the need to provide the reasonable accommodation and would be required to maintain the individual in the food handling job.
If no such reasonable accommodation is possible, the employer may refuse to assign, or to continue to assign the individual to a position involving food handling. This means that if such an individual is an applicant for a food handling position the employer is not required to hire the individual. However, if the individual is a current employee, the employer would be required to consider the accommodation of reassignment to a vacant position not involving food handling for which the individual is qualified. Conference Report at 61-63. (See § 1630.2(r) Direct Threat).
Section 1630.16(f) Health Insurance, Life Insurance, and Other Benefit Plans
This provision is a limited exemption that is only applicable to those who establish, sponsor, observe or administer benefit plans, such as health and life insurance plans. It does not apply to those who establish, sponsor, observe or administer plans not involving benefits, such as liability insurance plans.
The purpose of this provision is to permit the development and administration of benefit plans in accordance with accepted principles of risk assessment. This provision is not intended to disrupt the current regulatory structure for self-insured employers. These employers may establish, sponsor, observe, or administer the terms of a bona fide benefit plan not subject to State laws that regulate insurance. This provision is also not intended to disrupt the current nature of insurance underwriting, or current insurance industry practices in sales, underwriting, pricing, administrative and other services, claims and similar insurance related activities based on classification of risks as regulated by the States.
The activities permitted by this provision do not violate part 1630 even if they result in limitations on individuals with disabilities, provided that these activities are not used as a subterfuge to evade the purposes of this part. Whether or not these activities are being used as a subterfuge is to be determined without regard to the date the insurance plan or employee benefit plan was adopted.
However, an employer or other covered entity cannot deny an individual with a disability who is qualified equal access to insurance or subject an individual with a disability who is qualified to different terms or conditions of insurance based on disability alone, if the disability does not pose increased risks. Part 1630 requires that decisions not based on risk classification be made in conformity with non-discrimination requirements. See Senate Report at 84-86; House Labor Report at 136-138; House Judiciary Report at 70-71. See the discussion of § 1630.5 Limiting, Segregating and Classifying.
[56 FR 35734, July 26, 1991, as amended at 65 FR 36327, June 8, 2000; 76 FR 17003, Mar. 25, 2011; 81 FR 31140, May 17, 2016]
Rehabilitation Act of 1973
ADA Amendments Act of 2008
Workforce Investment Act of 1998
Occupational Safety and Health Act of 1970
Federal Coal Mine Health and Safety Act of 1969
Equal Pay Act of 1963
Age Discrimination in Employment Act of 1967
Genetic Information Nondiscrimination Act of 2008
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For the Love of Pure Color
The bold, brilliant paintings that are Louise P. Sloane’s newest work are the culmination of more than a decade-long shift from the muted tones and abundant imagery that characterized her earlier endeavors. Even those paintings had started out with a great deal of color, Sloane confessed, but she toned them down, afraid of their brightness. Several years ago, however, another artist, Richard Anuszkiewicz, teased her about her fear of flamboyance and told her it was time to get over it if she really wanted to work with color. That comment had an impact as evidenced by these high-voltage results.
The paintings are now extremely concentrated, less discursive than in the past and zoom in on form, color and texture with more or less equal intensity. The formats are all verticals, off-square by a few inches for lift, and the compositions are quite straightforward but despite that, or because of that directness, that visual simplicity, they pack an enormous punch right between the eyes. Divided into four quadrants that frame a central square, the eye is drawn immediately to it as if to the center of a target—the “instant communication” that the artist strives for. Only then does the viewer begin to parse the whole. Sloane’s paintings recall Albers’ well-known color studies, Color Field painting and the geometric abstractions of the 1970s, all sources that have influenced her although her concerns are as expressive as they are formal.
The color is applied to what is usually an aluminum surface these days, the support constructed so that the paintings hang slightly away from the wall. The color at the edges then reflects onto the wall and is returned as a kind of circumscribing aura. Sloane uses color straight-up, without mixing. The mixing takes place on the painting itself, optically, as one color reacts to the other, a red against a green, say, or a blue against an orange. The colors are not always complementary. She might pair a blue against a near shade of another blue, or a family of reds with each other as in LRBS or The Mighty Atom. The titles are mostly descriptive (OOCBT, VVPPO for instance, the letters standing for hues) and trumpet Sloane’s newfound ease with blasts of full-bodied color. She has also been accentuating the paintings’ negative space.
The juxtapositions of color can act as a contrasting outline around a quadrant or square and give off a flash of light, a shimmer, where they meet. But each section is a complex sequence of hues from the ground up, reverberating with hidden shades, the topmost layer the sum of what lies beneath. The surface also holds Sloane’s signature extrusions (she’s a whiz with a pastry tube). The squiggles of text add an additional color note and level of signification. Painstakingly written and overwritten, Sloane’s inscribed text, deeply meaningful to her, is a form of private meditation; in this series, it uses the short stories written by her late parents. Turned into relief, it creates a raised pattern that is illegible when she is finished, painting the borders a contrasting color to accentuate the irregularity of the text’s profile and to energize the painting’s edges. She wants the response to be based on the text’s physicality and color, not its meaning.
From the beginning, Sloane has depended upon personal narratives and writings to help her get started, provide the pulse of the painting, and to “keep me going” but it is not necessary that the viewer knows the specifics in order to respond to the work. Sloane treats narrative more as process than content, the narrative ultimately becoming an ambience that pervades the formal, its presence and meaning to be intuited—or not, a situation Sloane prefers.
Not quite done, she then goes back in with a zero brush as the last step, and very slowly, very carefully, adjusts the color, adding what will be read as highlights, as more luminosity. “Very obsessive,” she admits, “but as an artist, I’m driven by a vision that I need to realize.”
Lilly Wei
Lilly Wei is a New York-based art critic and independent curator.
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Posted in Featured, Labor and Economics, U.S. Politics
Published on lowwagecapitalism.com website, July 7, 2019.
The Trump administration is caught between its “America First” super-imperialist, great power chauvinist politics on the one hand, and the capitalist world division of labor on the other hand.
At every turn the contradiction between capitalist private property and world-wide socialized production becomes an obstacle to capitalism itself. In particular, the global interests of U.S. imperialism and the global economic structure of world capitalism today sharply contradict the Trump administration’s political goals.
Trump and his minions want to overturn the political and economic structure built up by the U.S. capitalist class in the past century. They want to realign the relationship of forces in a way that further subordinates the imperialist rivals and economic satellites of Washington and Wall Street.
Trump has taken aim at Germany, France, Britain, and the entire European Union, Japan and China, as well as Canada (a minor imperialist country), Mexico, India, Turkey, Indonesia, and Thailand, among others. China is a special case which will have to be dealt with in a separate article.
Globalization and the socialization of production
The term “globalization” is a useful geographical designation of how workers produce goods and services, that is, commodities, today. It is highly descriptive since production of a single commodity takes place in sequence in different parts of the globe. However, from a Marxist point of view, the more scientific economic designation is the socialization of the productive forces on a global basis.
The capitalist class has forced the world working class into a vast, involuntary division of labor in which workers must cooperate, on pain of losing their means of survival, to produce the world’s commodities. But the economic surplus, the surplus value that arises from these global production chains of exploitation is reaped by the bosses. Even the workers who have jobs are left with barely enough to live on.
Global chains of exploitation are a modern form of the socialization of production carried on within the framework of private property!
Thus, as Trump proceeds with his economic wrecking ball, he is up against the fundamental contradiction of capitalism — the contradiction between socialized production and private property. Friedrich Engels, a co-founder of Marxism, along with Karl Marx, explained this at the dawn of modern capitalism in his classical work “Socialism: Utopian and Scientific” (published in 1880, excerpted from his more extensive book, Anti-Duhring, published in 1878):
“This contradiction, which gives to the new mode of production its capitalistic character, contains the germ of the whole of the social antagonisms of today. The greater the mastery obtained by the new mode of production over all important fields of production and in all manufacturing countries, the more it reduced individual production to an insignificant residuum, the more clearly was brought out the incompatibility of socialized production with capitalistic appropriation.”
Tariffs: Trump’s blunt instrument
Today Trump is using tariffs as a blunt instrument to bully countries around the world to hand over their profits to U.S. capitalism.
What are tariffs? In the imperialist era they are a tax levied on imports by a capitalist class in one country in the struggle against its rivals. The country upon which the taxes are levied suffers a decline in exports and the government of the country levying the tariffs collects the tariffs/taxes in its treasury.
From a working class point of view, tariffs must be seen in the same light as automation. Like automation, tariffs are part of the world competition between capitalists. Tariffs, like automation, is a tool by which the capitalists fight each other in the world market.
But this fight is carried on at the expense not just of capitalist rivals, but also at the expense of the working class. Workers in the country that has tariffs levied on it loses jobs because this country’s exports decline. Workers in the country that levies tariffs pay higher prices because the importing capitalists pass on their extra costs to the workers.
Usually tariffs are met by counter-tariffs. So in a tariff war between the bosses, as in any war, the workers are the real casualties.
‘Globalization’ and the complexity of socialized production
In his tariff campaign Trump is running afoul of imperialist globalization at every turn; his actions have provoked retaliation from capitalists.The threat, later withdrawn, to levy tariffs on Mexico to get political leverage in his racist struggle against immigrants is a case in point.
Trump threatened to put a 5 percent tariff on Mexican goods and to raise the tariff another 5 percent every month up to 25 percent if the Mexican government failed to prevent immigrants from crossing the border into the United States.
According to Burgess Everett and James Arkin of Politico, at a closed-door lunch with Senate Republicans earlier this week, “White House deputy counsel Pat Philbin and Assistant Attorney General Steve Engel faced brutal push-back from the GOP, according to multiple senators, with some threatening that Trump could actually face a veto-proof majority to overturn the tariffs.” (Politico June 5, 2019)
If the Republican Trump loyalists in the Senate rebelled against their leader, it’s because the capitalist donors dug in against this. Mexico exports $345 billion to the U.S., much of it automobiles, automobile parts, agricultural products, clothing, etc.
Other examples of the intricate and interwoven nature of global supply chains apply to Japan and Canada as well.
The Japan Automobile Manufacturers Association (JAMA) says about 8 percent of its members’ total annual sales are built in and imported from Mexico by way of U.S. railways, making them susceptible to the tariffs. JAMA represents Japanese exporters, manufacturers and importers in Canada. It represents Toyota, Honda, Nissan, Mazda, Mitsubishi and Subaru.
Canada’s largest auto supplier, Magna International, has 32 manufacturing and assembly plants in Mexico, where it employs 29,175 people — more than in either Canada or the United States. (Automotive News, Canada, June 5, 2019)
A number of Japanese firms have their production bases in Mexico. Honda Motor Co., for instance, exported around 120,000 vehicles made in Mexico to the United States in 2018, accounting for around 80 percent of the cars it produces in Mexico, which is also home to large assembly plants owned by Toyota Motor Corp., Nissan Motor Co. and Mazda Motor Corp. (Japan Times, May 31, 2019)
There are over 700 Japanese companies employing thousands of workers in Mexico. So Trump could also trigger a trade war with Japan because of his threatened Mexican tariffs.
The bosses experienced Trump’s threat against Mexico a threat against them. The Chamber of Commerce threatened the administration with a lawsuit. And the monopoly donors to the Republican Party told the U.S. Senate that they did not want a tariff war with Mexico and Canada.
The tariffs campaign was part of Trump’s reelection bid. Trump is desperate to get reelected and avoid prosecution by the various court jurisdictions that may bring charges against him. In his desperation, Trump ignored the complexity of the U.S. ruling class’s broader economic problem.
Trade fight with EU and Asia
The United States is also intensifying its trade fight with the European Union over aircraft subsidies. Washington has proposed additional tariffs on EU goods worth $4 billion along with another $21 billion in tariffs it is demanding for European Airbus planes.
The tariffs, announced on July 1 by the United States Trade Representative, cover 89 products including meat, cheese, pasta, fruits, coffee and whiskey. They could be added to a list of EU Airbus exports that the U.S. Trade Representative (USTR) said in April would be subject to tariffs.
General System of Preferences (GPS) status exempts 3,500 items from U.S. tariffs. GPS status is meant for formerly oppressed and colonial countries, designated as “underdeveloped.”
In its struggle against Asia, the Trump administration has threatened to remove the (GPS) status from India, Thailand and Indonesia. Turkey has already lost its GPS status.
U.S. dairy producers took aim at India and Indonesia, while pork producers targeted Thailand. Medical device manufacturers also filed a petition to exclude India from receiving preferential treatment from the U.S.
All elements of the U.S. ruling class know that they have a compliant friend in the White House who will do their bidding for the most part, even if at times they have to buck him in the Senate or in the courts. They have reaped the benefits of his corporate tax cuts, deregulation campaign, and land giveaway policies for the energy, mining and timber industries.
With the trade war, the Trump administration is striking out in all directions to put economic pressure on the entire capitalist class world-wide. Its goal is to increase the domination of the U.S. imperialist monopolies.
The contradiction of socialized production vs. private appropriation
The contradiction between the socialized character of production and the private appropriation of the products of labor was emphasized by Vladimir Lenin in State and Revolution, which was written in preparation for the Russian Revolution of 1917.
Lenin explained that imperialism was the stage of capitalism that would lead to socialism. Bourgeois economists at the time were evading the nature of imperialism by reducing it to the “interlocking” of corporations. Lenin answered:
“Skilled labor is monopolised, the best engineers are engaged; the means of transport are captured—railways in America, shipping companies in Europe and America. Capitalism in its imperialist stage leads directly to the most comprehensive socialisation of production; it, so to speak, drags the capitalists, against their will and consciousness, into some sort of a new social order, a transitional one from complete free competition to complete socialisation.
“Production becomes social, but appropriation remains private. The social means of production remain the private property of a few. The general framework of formally recognised free competition remains, and the yoke of a few monopolists on the rest of the population becomes a hundred times heavier, more burdensome and intolerable.”
Fast forward to the 21st century. In 2005 New York Times columnist Thomas Friedman wrote about how his Dell computer was made, describing in great detail how workers spread across numerous countries in Asia contributed to its production. He summed up his findings:
“‘The total ‘supply chain’ for this computer, including suppliers of suppliers, came to about 400 companies in North America, Europe, and Asia, mostly the latter, with about thirty prime suppliers.” (The World Is Flat, Freidman, 2005, cited in Low-Wage Capitalism, Goldstein, 2008)
This author described these supply chains in Marxist terms in Low-Wage Capitalism (2008) as follows: “These so-called supply chains, which are really chains of exploitation spread throughout the globe by the giant monopolies, in partnership with finance capital are the business model for all the global capitalists. And the lesser capitalists fit themselves into this framework.”
Capitalism is becoming an obstacle to the survival of the masses
The increasing inequality of wealth in the U.S. is something that the capitalists and financiers are deliriously happy about. That is why Donald Trump and the Republican National Committee raised $105 million in the last quarter for his reelection bid.
That is why the capitalist media gave Trump a billion dollars worth of free media publicity in 2016 and why they continue to give the widest possible coverage to his every tweet. They care nothing about Trump’s cruelty to immigrants and their children; his enabling and accelerating environmental and planetary destruction; his work, every day in every way, to transform the political structure of capitalism in a right-wing, authoritarian direction.
The U.S. working class is an integral part of the world-wide socialized labor force. Through its hands pass much of the world’s wealth. However, almost none of that wealth stays in the hands of the working class; the lion’s share goes to the exploiting class.
Sooner or later this fact is going to reach the consciousness of the masses. Sooner or later they will not be able to go on in the old way, suffering the deceptions of the bosses, their politicians in both parties, and the capitalist media. Capitalism is becoming an obstacle to the survival of the workers and oppressed. That obstacle must be removed.
In the long run, no trade war or imposition of tariffs can change the fundamental contradictions of capitalism or stave off its inevitable collapse.
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Specialties & Conditions Total Anomalous Pulmonary Venous Connection (TAPVC)
Total Anomalous Pulmonary Venous Connection (TAPVC)
In total anomalous pulmonary venous connection (TAPVC), the pulmonary veins that bring oxygen-rich (red) blood from the lungs back to the heart aren't connected to the left atrium. Instead, the pulmonary veins drain elsewhere.
The most common site of drainage is either to a large vein (the superior vena cava) which brings the blue blood from the upper part of the body or to the right atrium directly or indirectly. Therefore, no blood comes back to the left atrium and survival depends on the presence of a hole between the right and left atrium to allow blood to get to the left atrium, then the left ventricle and out to the body.
Thus, many of the babies are blue due to the “blue” blood from the body mixing with the oxygen-rich “red” blood from the lungs.
What Are the Symptoms of TAPVC?
The primary feature of this defect is the finding of cyanosis. Symptoms such as difficulty breathing, rapid breathing, difficulty feeding and poor growth may occur as well.
How Is TAPVC Diagnosed?
There may be an abnormal murmur on physical examination. The diagnosis is confirmed with an echocardiogram.
How Is TAPVC Treated?
This defect should be surgically repaired in early infancy. The pulmonary veins are reconnected to the left atrium and the atrial septal defect is closed.
Treatment Risks
The risks of open-heart surgery always include bleeding, infection and the need for cardiopulmonary bypass. Special risks include residual obstruction to the pulmonary veins as they are reconnected to the heart, injury to the hearts normal pacemaker and rhythm abnormalities.
What Are the Long-term Effects of TAPVC?
When surgical repair is done in early infancy, the long-term outlook is very good. Still, lifelong follow up is suggested to make certain that any remaining problems, such as an obstruction in the pulmonary veins or irregularities in heart rhythm, are treated properly. It's important to make certain that a blockage doesn't develop in the pulmonary veins or where they're attached to the left atrium. Heart rhythm irregularities (arrhythmias) also may occur at any time after surgery. Preventive measures against bacterial endocarditis may be required for life.
The Chicago Institute for Fetal Health
Cardiovascular-Thoracic Surgery
Complex Congenital Heart Disease Care Center
Fetal & Neonatal Cardiology
Call to make an appointment with one of our specialists.
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FILE - In this Nov. 24, 1976, file photo, Ted Lindsay, center, is flanked by Gordie Howe, left, and Sid Abel during a celebration of the Red Wings 50th birthday, in Detroit. Detroit Red Wings great and Hall of Famer Ted Lindsay died Monday, March 4, 2019, at his home in Michigan. He was 93. His death was confirmed Monday by son-in-law Lew LaPaugh, president of the Ted Lindsay Foundation, which raises money for autism research. (AP Photo/File)
Ted Lindsay to be honored at visitation ceremony
By Jessica McLean jmclean@medianewsgroup.com @journalistjam on Twitter
The Detroit Red Wings and the Lindsay family is set to hold a public visitation for Ted Lindsay from 9:07 a.m. to 7:07 p.m. on Friday, March 8 on the covered ice at Little Caesars Arena.
Lindsey, the Canadian professional ice hockey player who played as a forward for the Detroit Red Wings and Chicago Blackhawks, will be honored as the iconic No. 7 sweater number for the Wings.
He will lie in state inside the arena bowl at LCA, where family members will greet the public. Various historical artifacts will also be available for viewing throughout the arena at that time.
The funeral service will be held at St. Andrew's Church in Rochester on Saturday, March 9 and will be closed the general public.
The Red Wings organization would like to encourage fans and media to respect the family's privacy during this difficult time and for all those wishing to pay their respect to attend the public visitation.
Those who wish to pay their respects but cannot attend the visitation are encouraged to share their Ted Lindsay memories on the Red Wings' social media channels.
To attend the public visitation, fans are encouraged to park in the Henry West Garage (128 West Fisher Service Drive) or Little Caesars Arena Garage (165 Sproat Street) for no charge and enter the building through the Meijer Entrance.
The entrance is located at the southwest corner of the arena, where a Ted Lindsay statue will be. Fans will also be able to sign a tribute banner there, which will be presented to the family.
In lieu of flowers, the family requests a donation be made to the Ted Lindsay Foundation at: https://www.tedlindsay.org/.
Police probe man's drowning in Chesterfield Township pond
Fazal Khan convicted of bribing Washington Township officials
Kahn testifies he was coerced into paying off Washington Township officials
A Hillsdale College grad charges into the work place
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Spiny waterflea (Bythotrephes longimanus) are a microscopic freshwater zooplankton that invade lakes and can take over the bottom of the food chain, disturbing the ecology of the lake and presenting a serious potential threat to Minnesota lakes. They can decimate populations of Daphnia and other native zooplankton resulting in a decreased food source for native fish and an increase in algal blooms. They can also clog the eyelets of fishing rods, causing problems for recreationalists.
At their peak, their populations reproduce rapidly and can be as high as 100 individuals per cubic meter, sometimes taking over the biomass of the lake. There are fewer predators on spiny waterflea than on native zooplankton because small or young native fish can’t consume their sharp, barbed spine.
What they look like
Spiny waterflea is a member of the Crustacea, a large taxonomic group that includes crayfish, shrimp, and crabs. Adult spiny waterfleas grow to be about one centimeter long. They have a single long tail with multiple barbs which helps them avoid predation. When they are grouped together, as ensnared on fishing lines and cables, they collect and form gelatinous globs.
Part of spiny waterfleas’ success is due to their ability to reproduce rapidly – they can mature and reproduce within about one week. They can reproduce both asexually and sexually. Females can produce up to 10 young every two weeks without mating. In the fall, males and females reproduce sexually and produce resting eggs that settle in lake sediments, where they overwinter in a dormant state. These resting eggs are resistant to short-term drying (up to 4 hours) when out of the water and can establish a new infestation in a different lake.
In adulthood, they prefer cooler water and are generalist predators, meaning they are able to feed on a broad range of prey.
Where they’re found
Spiny waterflea are native to Europe and Asia. They were first found in Lake Superior in 1987 and first discovered in inland Minnesota lakes in Island Lake Reservoir north of Duluth in 1990. Today, they are found in Lake Mille Lacs, Lake of the Woods, and Lake Vermilion. As of 2015, the Minnesota DNR lists about 40 water bodies as infested with spiny waterflea.
How they spread
Spiny waterflea were first introduced to the Great Lakes through ballast water. Today, recreational boaters and anglers can inadvertently move them or their eggs on fishing line, bait buckets, live wells, or fishing nets.
Other species we research
Asian carp
Baitfish diseases
Curlyleaf pondweed
Eurasian and hybrid watermilfoil
Heterosporis
Starry stonewort
Viral Hemorrhagic Septicemia
Zebra mussels
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Civilization of Paradise: Revelation Poems
Reference: FV070
Civilization of Paradise is both a collection of Qur’an inspired poetry and a fascinating record of intimate dialogs with a Sufi master in Damascus. Poetry, in the case of Asad Ali, is a way of life and prayer.
A Commentary of the Ratib of Imam al-Haddad
The Qur'an And Its Study: An In-Depth...
A Sublime Way: The Sufi Path of the Sages of Makka
Al-Ghazali: The Mysteries of Charity & Fasting...
Civilization of Paradise is both a collection of Qur’an inspired poetry and a fascinating record of intimate dialogs with a Sufi master in Damascus. Poetry, in the case of Asad Ali, is a way of life and prayer. In the state of consciousness from which he speaks, we become the companions of great beings: the Timeless Desert, the Infinitely Compassionate, the Supplicating Earth, the Universal Human. Each of these poems is related to a Surah of the Qur’an, as noted below the title of each poem.
Assad Ali is an eminent Islamic thinker and a living spiritual master in the storied tradition of such great Sufis as Ibn Arabi and Rumï. He received spiritual training in several Sufi schools, including the Shadhiliyyah, Qadiriyyah, and Riffaiyyah schools. He is the author of many books, most notably In the Lights of the Quran, a 25-volume multilevel poetic expression of the Quran in accordance with the seven spiritual stations of the human being. He is a former a professor of literature, linguistic methodology, and rhetoric at Damascus University and has written more than a thousand papers and research studies and is widely published in Arabic magazines and newspapers. Kabir Helminski is a Shaikh of the Mevlevi Order of Sufis, which traces its inspiration to Jelaluddin Rumi. He and his wife founded and now direct the Threshold Society, a non-profit educational foundation that has developed programs to provide a structure for practice and study within Sufism and spiritual psychology. He has translated many volumes of Sufi literature, including the works of Rumi, and is the author of two books on Sufism. He lives in Santa Cruz, California.
About Translator:
Kabir Helminski is the Co-Director of the Threshold Society (sufism.org), a non-profit educational foundation that has developed programs that provide a structure for practice and study within Sufism and spiritual psychology. He has translated many volumes of Sufi literature, including many works of Rumi, and is the author of two books on Sufism: Living Presence and The Knowing Heart. His most recent book is Love's Ripening, Rumi and the Journey of the Heart.
Kabir began the study of Sufism with Suleyman Loras of Konya and was officially recognized as a Shaikh of the Mevlevi Order of Sufism in 1990, by the late Celalettin Celebi, Head of the Mevlevi Order.
From 1980 until 1999 he was the director of Threshold Books, one of the foremost publishers of Sufi literature. Between 1994 and 2000 he toured with the whirling dervishes of Turkey, bringing the spiritual culture of the Mevlevis to more than 100,000 people. His books have been translated into Spanish, Italian, Dutch, German, Russian, Indonesian, and Turkish. He has an M.A. in transpersonal studies and an honorary Ph.D. in literature from Selçuk University, Konya, Turkey.
For more than thirty years, Mr. Helminski's focus has been developing and sharing a contemporary approach to Islamic concepts and practice, both within the Islamic community and outside of it. In 2001 he was the first Muslim to deliver the prestigious Harold M. Wit Lectures on Spirituality in Contemporary Life at Harvard Divinity School. Helminski lives with his family near Santa Cruz, California, and now focuses on Sufi music, writing, teaching, and developing a program of spiritual education with an international team of scholars. He is the founder and director of the Baraka Institute (barakainstitute.org) and also a core faculty member of the Spiritual Paths Institute (spiritualpaths.net).
Kabir was the music director for the award-winning, PBS-broadcast documentary Muhammad: Legacy of a Prophet (2002), produced by Unity Productions Foundation.
In 2009 Kabir was named as one of the 500 Most Influential Muslims in the World by the Royal Islamic Strategic Studies Center in association with Georgetown University. He is one of the signatories of A Common Word Between Us and You, an open letter by Islamic scholars to Christian leaders, calling for peace and understanding.
EAN 13 / ISBN 978188775224
Author Assad Ali
Translator Kabir Helminski
Publisher Fons Vitae
Civilization of Paradise: Revelation...
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For sale: West Texas ranch with $30 million views, ‘Giant’ history
By Dave Thomas dthomas@statesman.com
Jan 16, 2019 at 2:07 PM Jan 16, 2019 at 2:07 PM
Just west of Mount Livermore and east of Valentine, lies a 9,155-acre West Texas ranch where the history is only matched by the scenery.
It’s yours, if you’ve got a little over $30 million to spend.
The Gearhart Ranch was founded in 1890 as Texas was still carving out counties and only a decade removed from scenes such as a fight not far away between Mescalero Apaches and Buffalo Soldiers at Rattlesnake Springs.
Only 10 miles away and not quite as long ago, the classic Texas film “Giant” was filmed on a nearby ranch with James Dean, Elizabeth Taylor and Rock Hudson among other classic movie stars.
About 30 miles west of Fort Davis, the Gearhart has been a cattle ranch for all of its almost 130 years. The landscape transforms from grasslands to mountains reaching 6,800 feet.
For $30 million, you get a main house, a foreman’s house and a “sentry” rent house, as well as multiple barns and a saddle house, though if you don’t want to saddle up, the ranch has “excellent interior roads.”
Not far — at least in a West Texas sense — from the McDonald Observatory, the night skies are so dark and clear that one can see the Milky Way.
The ranch is said to have mule deer, elk, black bears, mountain lions, antelope, javelina, aoudad and more birds than you can shake a shotgun at.
If you’re the sort who doesn’t bring out the checkbook for fewer than 10,000 acres, you can also buy the adjoining Livermore Ranch for an extra $17.5 million.
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Florida parents lose custody of 3-year-old with cancer after stopping chemotherapy
By Corvaya Jeffries cjeffries@gatehousemedia.com
When a Florida couple didn’t bring their 3-year-old son to his doctor’s appointments, an alert for a “missing endangered child” was sent out by police, Buzzfeed News reported.
Noah, 3, was diagnosed with acute lymphoblastic leukemia at Johns Hopkins All Children’s Hospital in St. Petersburg. According to Buzzfeed News, he was not brought to three of his chemotherapy appointments because his parents were testing homeopathic treatments and looking into other treatment options even though doctors told them there were no other operable options for his survival.
To date, Noah has experienced two rounds of chemotherapy at Johns Hopkins All Children’s Hospital before missing three. Yet, his parents told Buzzfeed News blood tests did not show signs of cancer.
On the third, missed chemotherapy appointment, the Hillsborough County Sheriff’s Office released a statement about Noah being missing and potentially in danger. Despite the alert, he was not brought into a hospital.
The search for Noah continued and he was found with his parents, Joshua McAdams and Taylor Bland-Ball in Kentucky and put into state custody. He is now with his maternal grandmother.
The Florida Freedom Alliance, an organization founded to protect the fundamental rights of humans, has been advocating for the couple, Buzzfeed reported. Their vice president of public relations told Buzzfeed, “The organization stands for religious, medical, and personal freedoms.” In their opinion, McAdams and Bland-Ball have been “mischaracterized by the police and the state” as kidnappers on the run.
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SU FANG
Su was one of the first Chinese game producers to go to Japan for game development in 1990s. He firstly worked as programmer for an amusement machine developer, then in 1995, he joined KONAMI as a main developer on the “Pro Evolution Soccer” project. After coming back from Japan, Su joined Konami Shanghai as a production director, and during this period, he was in charge of many game projects.
As a pioneer of the Chinese game development industry, Su established MINELOADER in 2003. During the past decades, under the direction of Su, MINELOADER has taken part in many world-renowned game projects, and developed into one of the most famous game production companies in China. With rich experience, MINELOADER will continually explore new ways of game development.
XU ZHEN
Deputy Managing Director, Art Director
Graduated from a professional art school, Xu has a good art background of the traditional painting. From 1996, he started working in KOEI Japan and Konami Japan, and during this period, he had 7 years of game art production and management experiences.
Since the establishment of MINELOADER, he has been committed to provide clients with the highest art quality and best production pipeline during the last decade; moreover, he has always tried to find better and innovative solutions for clients according to the continuous changes of the market. Xu has participated in the productions of dozens of classic games, including the early ones like “Kessen” and “Three Kingdoms”, and the contemporary next-gen titles like “GTA V” , “Hitman” and “For Honor”.
© Copyright Mineloader.com
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> "In adventure I found a purpose"
"In adventure I found a purpose"
By Guest blogger: Leigh Timmis | 14 September 2018 | Personal stories
There was a time when I was a younger man that nothing really made sense. To the outside world, I had it all – at 25 I had a university education, a job, a home, all the trappings of what should have been a happy life.
But I was just that – trapped. I felt depressed, unfulfilled, overworked and lonely. I had dark moments but couldn’t understand why. I felt no purpose in life and would lose hours in simply blankness. It was difficult, I kept up a façade to the outside world and very few people knew, or I felt understood, what I was going through.
I remember talking to a doctor, who asked me about my general wellbeing, I talked about not seeing the point of life, that I felt as though nobody understood me. If I went out with friends, I would feel more alone than if I stayed in on my own. I was pushing those closest to me away and at work I began losing control of my emotions. I was diagnosed with depression.
A chance conversation changed all that. I was given the opportunity to ride a motorbike across Iceland (the country not the shop!) and that moment changed my life. I realised that to feel fulfilled I needed to challenge myself, to try something I’d never done. To push myself to new limits.
It was an extraordinary experience – seeing volcanoes, crossing deserts, swimming in hot lakes and rivers and campaign under the sun, not knowing what tomorrow would bring. It was like being dropped into a real-life issue of National Geographic.
I realised that to feel fulfilled I needed to challenge myself, to try something I’d never done.
In this adventure I had found a purpose; the purpose that had been so lacking in my life.
Within a month of returning home, I decided to complete the ultimate adventure and cycle around the world. Cycling, I had learned, released endorphins and the idea that every day was a challenge, that every day would bring a new experience – sometimes life threatening, sometimes exhilarating – kept me focused and happy.
What was supposed to take two years in the end took seven, but when I returned to Derby in 2017, the world had changed, but so had I.
My restless spirit soon took over and my next challenge is this one – to complete the Guinness World Record’s fastest cycle across Europe, east to west, currently held at 24 days.
But at the same time, I want to do some good and raise awareness of mental health issues. I wouldn’t change anything because look at the life I have but if I have one regret, it would be that I had to hit rock bottom to realise that I could achieve anything I wanted. I had to accept that an unfulfilling life is “normal”; I had to learn to talk openly about my struggles to friends and family. But by doing that, by realising that I had control of my life and could do anything I wanted (even if it was a bit extreme!), those difficulties can be overcome.
Charities like MQ are crucial to helping people do this, which is why I’m proud to support them.
Leigh is raising money for MQ to go towards vital mental health research. Visit his page if you'd like to donate.
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MRB IN the News
Trucking Companies Can Be Held Liable for Distracted Driving Accidents
Public sentiment has been growing against distracted driving for a number of years, especially after several high profile accidents involving commercial trucks and buses where drivers were using cell phones behind the wheel. After a horrific crash in Mumfordville, Kentucky took the lives of 11 people in 2010 (including the truck driver who allegedly took his eyes off the road to use his cell phone), the National Transportation Safety Board (NTSB) issued a recommendation that commercial truckers and bus drivers should be banned from using mobile devices while driving.
The Federal Motor Carrier Safety Administration adopted the proposal and enacted a new rule prohibiting such drivers from using their cell phones while on the road. It applies to all drivers operating vehicles that weigh more than 10,000 pounds and cross state lines for business purposes, or any vehicle weighing more than 26,000 pounds. Drivers face a $2750 fine for each violation, and trucking companies can be subject to $11,000 fines for repeated infractions.
While the administrative fines may be a deterrent to distracted driving, the specter of civil judgments should change how trucking companies do business. A growing number of plaintiffs in trucking accidents are searching for evidence indicating whether a driver was using a cell phone before a crash occurred. If an investigation reveals that a driver (or company) was fined for a cell phone violation in the midst of a crash, this could make a prima facie case for a negligence claim.
Essentially, drivers have a duty to use reasonable care in operating their vehicles. A cell phone violation could be used as evidence of a breach of that duty (because talking while driving creates an unreasonable safety risk for other drivers). If they are found negligent, both the driver and trucking company could be held liable for the injuries and property damage stemming from the accident.
If you have been injured in an accident involving a commercial truck or bus, an experienced personal injury lawyer can advise you of your rights and options.
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Montgomery Office: 334-557-7114
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Statements & Opinions
Nauru: 7 Things You Need To Know
In February 2019, changes in Nauruan law meant MSF had to suspend its telehealth providing remote psychological support to former patients. The service attempted to provide continuity of care to the Nauruan, asylum seeker and refugee patients that MSF was abruptly forced to leave in October 2018. Here, we address the things you need to know about the context and our work on the Island.
1. SEEKING SAFETY IS NOT A CRIME
Under international law, refugees and asylum seekers have the right to move between borders to access protection, food, shelter, and medical care. Today, there are 68.5 million forcibly displaced people around the world – more than at any time in modern history. These are people who have fled extreme dangers, whether to escape bombing, civil war, violence, or other life-threatening circumstances. Those who have been uprooted from their homes often face further struggles on their journey to find safety, including lack of access to essential needs like clean water, food, shelter, personal security, and healthcare.
Video of Welcome to sunny Nauru
2. ASYLUM SEEKERS AND REFUGEES HAVE BEEN DETAINED
In 2012, the Australian government reinstated its offshore processing policy, which meant all asylum seekers attempting to arrive in Australia were detained and processed on Nauru and Manus Island. Until October 2015, refugees and asylum seekers on Nauru were detained in two of three ‘regional processing centres’ (RPCs). These were sites of detention, surrounded by fencing and patrolled by security guards, with a mixture of accommodation units and tents to house the detainees, and communal services such as toilets, showers and meals.
Conditions at these sites were notoriously poor, there were many instances of unrest, serious riots and thousands of incidents of abuse. The gates of the RPCs were not fully opened until October 2015, and while some refugees settled in community housing elsewhere on the island, hundreds remained living in the RPCs for years to come. For refugees and asylum seekers who are not offered a US resettlement, there only option to leave Nauru is to go back to the country they escaped. They remain indefinitely contained on Nauru.
View of the settlements and hospital on Nauru. © MSF
3. MSF’S ASYLUM SEEKER AND REFUGEE PATIENTS WERE TRAUMATISED BEFORE ARRIVAL
MSF’s asylum seeker and refugee patients on Nauru were an extremely vulnerable group; 75% reported experiencing traumatic events in their country of origin and/or during their migration journey, including combat situations and detention. Our data showed that refugees and asylum seekers who had been detained on Christmas Island during their journey were more likely to be suicidal than those who had not been detained there.
4. MENTAL HEALTH ISSUES ARE REAL
MSF’s data showed the mental health suffering on Nauru is among the most severe MSF has ever seen, including in projects providing care for victims of torture. When MSF arrived on the island, people had not received treatment for at least 10 months. Some had relapsed into psychotic episodes, and as a result experienced significant levels of abuse and neglect. Among the 208 refugees and asylum seekers MSF treated in Nauru, 60 percent of patients had suicidal thoughts and 30 percent had attempted suicide. Children as young as nine were found to have suicidal thoughts, committed acts of self-harm or attempted suicide and 12 patients were diagnosed with resignation syndrome, a rare psychiatric condition where patients enter a comatose state and require medical care to keep them alive.
Video of Nauru Patient drawings 2
5. HEALTH PROVIDERS MUST ADVOCATE FOR THEIR PATIENTS
MSF’s actions are guided by medical ethics, which means that we have a duty to provide care for those who need it, no matter who they are or where they are. Bearing witness and speaking out about extreme needs and unacceptable suffering are at the heart of MSF’s mission. In light of this, MSF has a medical and ethical responsibility to speak out for the patients we were forced to leave in October last year.
Left to Right: Dr Christine Rufener (clinical psychologist), Dr Beth O'Connor (psychiatrist), and Paul McPhun (Executive Director of MSF Australia) at the press conference in Sydney, 11 October 2018. © Meredith Schofield / MSF
6. INDEFINITE OFFSHORE PROCESSING HAS A NEGATIVE IMPACT ON MENTAL HEALTH
The alarming level of severe mental illness amongst refugees and asylum seekers on Nauru is closely linked to Australia’s border protection policy. People’s desperate sense of hopelessness, often leading to self-harm and thoughts of suicide, is linked to their fear that they may be kept on Nauru indefinitely, with no ability to build a life.
MSF observed a significant difference in the effect of mental health treatment, depending on whether patients were from the local community or were refugees and asylum seekers. Strikingly, more than half of MSF’s Nauruan patients, although extremely unwell, recorded improvements under MSF’s care. Only 11% of asylum seeker and refugee patients improved, while 69% deteriorated and 20% remained stable, despite receiving ongoing mental healthcare. This suggests that while MSF could stabilise some of these patients, without a change to their living conditions and asylum situation significant clinical progress was unlikely.
Virginie Thys, MSF Field Coordinator who was part of the team providing much needed mental healthcare on Nauru. © Sean Brokenshire / MSF
7.ALL ASYLUM SEEKERS AND REFUGEES ON NAURU SHOULD BE EVACUATED NOW
MSF reiterates the call to immediately evacuate all refugees and asylum seekers from Nauru to a place where they can begin rebuilding their mental health. MSF strongly believes that the safest way to prevent further harm, is to allow all refugees and asylum seekers to be evacuated from Nauru regardless of their current mental health condition. Recovery is possible, but it requires an environment of certainty and opportunity, with access to quality, comprehensive mental health care. Anything short of that will continue the suffering imposed on asylum seekers and refugees on Nauru.
Video of MSF releases report about the mental health consequences on Nauru
Prohibition of telemedicine: Another attempt to block independent medical care
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Review: The Jordan Terris Memorial Drum Festival 2013
By Jeremy Peake, Rhythm magazine 2013-03-06T14:40:00.64Z Drums
Drum stars unite for charity show
Mark Richardson at the kit during his set
Some of the UK's finest drummers took time out of their busy work schedules to support a charity drum festival in Nuneaton, UK on 24th February 2013.
The Jordan Terris Memorial event, which raised funds for the Teenage Cancer Trust, boasted an impressive list of artists performing at the event, including Level 42's Phil Gould, session maestro Ash Soan, Skunk Anansie's Mark Richardson, rock drummer Robin Guy, teacher and impresario Mike Dolbear, Paloma Faith's Cherisse Ofosu-Osei, Bryan Ferry's Emily Dolan-Davies and the 2013 Young Drummer of the Year Matthew Brown.
It was hosted by former England footballer and inventor of the Dube percussion instrument, Dion Dublin.
The audience were in for a treat: The drummers played a wide range of music, from mellow jazz to full on rock music. They talked about their routes to success and gave out wise words of drumming advice.
There were many highlights to the five hours of drumming demonstrations, including a drum battle between Cherisse Ofosu-Osei and Emily Dolan-Davies, and Mark Richardson's powerful, roof-raising grand finale made an exciting climax to the day.
The well attended event, which raised £3000 for the Teenage Cancer Trust, was organised in memory of Jordan Terris; a talented local drummer who died of cancer in 2007 at the age of 15.
His mother Fiona and his step-father Kevin, who teaches drums, wanted to mark Jordan's 21st birthday year with a celebration that would benefit the charity that improves the lives of teenagers and young adults with cancer.
They had previously organised a similar festival in 2010, which featured the likes of Steve White and Craig Blundell. Buoyed by the success of both shows, and thanks to the generosity of more top UK drummers who have already pledged their time, they have started making plans another show in 2015.
Prime Day deal: save up to 38% on Apple iPads and iPad Pros at Amazon!
Summer NAMM 2019: Korg is set to light up the show, but with what?
Prime Day deal: get $120 off this 88-key Casio digital piano
The Wildhearts: “My guitar has saved my life so many times”
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Elements of Style Courses
Theatre Courses
Visual Arts Courses
The Arts Department
The Arts Division works to expand students’ self-confidence, self-awareness, and self-discipline through their own creative works and performances. By studying works from various cultures — both modern and historic — students become more accomplished practitioners and learn to articulate meaningful and informed responses to works of art.
The Division includes three departments: Art, Music, and Theater. In addition to formal courses, the Division sponsors art exhibits and concerts, assembly presentations, and other dance and theater presentations both by students and professionals.
CLASS IV: Students entering Class IV must enroll in one Elements of Style course (Art 11, 12M or 12E, 13 or 14) each semester. These four courses may be taken in any order, but all four must be completed by the end of a student’s Class III year. Members of Class IV may enroll in additional full-credit Arts Division courses only with the permission of the Academic Office. Chorus and/or Studio Music may be taken in addition to the required curriculum without such permission.
CLASS III: Returning members of Class III must complete their requirements in Elements of Style (Art 11, 12M or 12E, 13 or 14) by taking those courses not taken during their Class IV year. Entering members of Class III must take Art 11 during one semester and Art 12M or 12E, 13 or 14 during the other. Students may enroll in additional full-credit Arts Division courses only with the permission of the Academic Office. Chorus and/or Studio Music may be taken in addition to the required curriculum without such permission.
CLASSES I and II:Members of Classes I and II must satisfy their distributional requirement in the arts during their last two years by one of the following methods:
1. taking two half-credit courses in the Division. (Space may be available in Art 11, 12M or 12E, 13 or 14, but only after Class IV and III enrollment is complete.)
2. taking one full-credit course in the Division.
3. regular participation in the Chapel Chorus for two full years with no academic credit.
4. regular participation in the Small Chorus or SWAG for one full year with no academic credit.
5. regular participation in Studio Music for two semesters (do not have to be consecutive) with no academic credit.
6. taking a major role in a full length play or musical with no academic credit.
7. taking a supporting role in two full-length plays or musicals with no academic credit.
8. directing or taking a role in two one-act productions.
9. serving on the production/running crew of two full-length plays or musicals.
PLAQUES:
As a diploma requirement, students in Class I must design and carve a plaque for permanent display at the School. With the permission of the instructor, members of Class II may carve their plaques before their Class I year. The scheduling of woodcarving classes will be arranged at the beginning of the year.
Elements of Style Courses: 2019-2020
Required of Classes IV and III (see note above). Open to Classes II and I only if space permits.
These four half-credit courses are at the core of the Arts Division curriculum. The courses share a set of terms common to all the Arts. The intent is to give each student the ability to sharpen his or her ability to look, listen, and participate in the Arts with perception and discretion.
ART 11. Elements of Style in Art History. Fall, Spring. The Department. 3 meetings weekly. Half credit. This course introduces students to the elements of style in painting, sculpture, and architecture. Students will gain an appreciation of works from diverse cultures and periods, with particular emphasis on the western tradition during the second quarter. Students will develop the vocabulary of art criticism as they learn to articulate their observations with precision and to interpret these observations through compelling analysis. Students will also explore the concept of period style, and they will fuse this understanding of style with the appropriate historical contexts. Through writing approximately four essays over the course of the semester, students will become increasingly confident in their critical judgment and will leave the course with a better understanding of the expressive power of the visual arts.
ART 12M. Elements of Style in Music: Foundations. Fall, Spring. The Department. 3 meetings weekly. Half credit. A student will take ART 12M or ART 12E, but not both. This course provides an introduction to perceptive listening, an exploration of world music, an understanding of how music reflects the society and culture in which it was created, and basic instruction in singing and playing. Students will begin with a survey of the nature of sound production. They will explore basic elements of music such as rhythm, melody, and tone. The class will then continue with a three-week introduction to the basics of singing and tone production. Following that, students will learn to play steel drums. The class ends with a study of world music focused on how current and historical cultures have used music for art, religion, and celebration.
ART 12E. Elements of Style in Music: Ensemble. Fall, Spring. Mr. Rabb. 3 meetings weekly. Half credit. A student will take ART 12M or ART 12E, but not both. This course provides an introduction to ensemble playing. Students will spend time focusing on skills acquisition and development, through playing a variety of music genres. Emphasis is placed on proficiency and preparation for playing in the Chamber Orchestra or Jazz Ensemble.
ART 13. Elements of Style in Visual Studies. Fall, Spring. The Department. 3 meetings weekly. Half credit. This studio art course is designed to develop a student’s ability to recognize and understand various artistic forms. Students will explore drawing, design, color theory, and three-dimensional form.
ART 14. Elements of Style in Theater. Fall, Spring. The Department. 3 meetings weekly. Half credit. This course will serve as an introduction to American realistic theater. Recognizing that theater is the study of human behavior, as students take on the roles of both actor and playwright, much attention will be paid to the motivations that inform language and action. The class will culminate in a public performance of original scenes.
Music Courses: 2019-2020
Participation in musical activities is encouraged for all students. The Music Department aims to foster and nourish the singing and playing talents of the students by providing a variety of opportunities that will allow the development of those talents in depth. The Department not only realizes the intrinsic merit of music, but also firmly believes music training and the appreciation of musical values are important factors in the growth and development of the whole person.
The following courses may be taken for academic credit.
MUSIC 22. Advanced Studio Music. Spring. The Department. Lesson Block and practice times. Open to members of Classes I and II. Prerequisite: Music lessons and permission of the Department. This is an advanced course in studio music. Admission to the course is based upon a student’s previous accomplishment in music as evaluated by his or her private teacher and an audition with the Department. The student’s performance in the Winter Music Recital may be considered as an audition for this course. The student is required to attend one lesson per week, practice at least five 40-minute sessions per week (to be scheduled by the Music Department), and perform in the Spring Recital and the Thoreau Music Recital. In addition, each student will be responsible for memorizing and performing at least two pieces of diverse style, learning six major and six minor scales and arpeggios, and completing weekly assignments in etudes or comparable exercises to build technique. Each lesson will be graded, as will recital performances. Private music lessons are not covered by tuition. Students will be charged the School’s usual fee for lessons.
MUSIC 23. Middlesex Jazz Ensemble. Fall, Spring. Mr. Rabb. 3 meetings weekly plus 1 private lesson. Open to all instrumentalists with some degree of proficiency on their instruments; no audition necessary. The Jazz Ensemble offers music students the opportunity to play and learn about jazz and jazz improvisation. By working on standard compositions from the jazz repertoire, from lead sheets and written arrangements, students can experience both a small group setting (with emphasis on improvisation) and big band ensemble playing. Students are expected to attend three rehearsals, take one private music lesson, and practice regularly each week. Students will be charged the School’s usual fee for lessons.
MUSIC 24. Chamber Orchestra. Fall, Spring. Dr. Wetzel. 3 meetings weekly plus 1 private lesson. Open to all instrumentalists with some degree of proficiency on their instruments; no audition necessary. The Chamber Orchestra offers classical music students an opportunity to explore and perform chamber and orchestral music of the Baroque, Classical, and Romantic eras and the twentieth century. Students will learn to develop non-verbal, musical communication skills necessary for playing intimate chamber music. Focus will be placed on preparing music for the Holiday Concert and Spring Instrumental Concert. Students will be charged the School’s usual fee for lessons.
MUSIC 25. Steel Pan Ensemble. Spring. Mr. Rabb. 4 meetings weekly. This course is designed for students who have an interest in learning to play the steel pan and being part of a fun performance band, performing at the Spring Instrumental Concert. Beyond learning to play the steel pans in class, students will learn basic music theory and study the culture and music of the Caribbean. Music experience is not a prerequisite. The group is also open to students who play drums, guitar, or bass.
MUSIC 26. Introduction to Digital Music. Fall. Mr. Rabb. 4 meetings weekly. This course offering is designed to provide an introduction to audio production. The primary software is GarageBand by Apple. Students will learn how to record, edit, and mix music through a series of group and individual projects designed to promote creativity and expression. Students will learn about the elements of music: rhythm, form, melody, etc. Students will explore the many facets of GarageBand including how to create audio tracks, add audio effects (EQ, Noise Gate, Compressor, Delay, and Reverb), create MIDI tracks, podcasting, and create music for video.
MUSIC 40. Advanced Placement Music Theory. Year. Dr. Wetzel. 5 meetings weekly. Prerequisite: Permission of the Department. Distributional credit in the Arts or the Humanities. The broad goals of this course are to develop fundamental music literacy necessary to function effectively among fellow musicians and to develop tools to understand music in new ways. We begin this course with a study of the basic elements of music theory (scales, key signatures, rhythm, etc.) and quickly progress to a study of chord progression and the principles of voice leading. To facilitate this learning, aural skills will be developed incorporating melodic and rhythmic dictation and sight-singing. The course then advances to the study of secondary dominants, chromaticism, and mode mixture. Assessments include nightly workbook assignments and larger, long-term composition and transcription projects. This course prepares students for the Advanced Placement Examination in Music Theory.
The following offerings do not receive academic credit, but they may be used to fulfill upper level distributional credit in the Arts.
Studio Music. Fall, Spring. Mr. Rabb. Block TBA. A student in Class I or II will receive one-half credit toward fulfilling the Arts distributional requirement for each semester of participation in Studio Music. This is a course in applied music which develops the student’s vocal and/or instrumental talent through solo and ensemble performances. Students will have the opportunity to perform in the Winter, Spring, and Thoreau Recitals, and are encouraged to participate in the Chamber Orchestra or in the Jazz Ensemble, and/or Choral Ensembles. Students will be charged the School’s usual fee for lessons.
Chapel Chorus. Fall, Spring. Mr. Rabb. Chapel Chorus Block. Students in Class I or II may fulfill the Arts distributional requirement by participating in all required rehearsals and performances for two years. Chapel Chorus is a non-auditioned singing ensemble which performs both a cappella and accompanied choral works. Anyone is invited to join and no previous musical background or experience is necessary. Public performances throughout the year include a candlelight Holiday Concert in early December, and the Spring Concert in April.
Small Chorus. Fall, Spring. Dr. Wetzel. Members must be available Monday/Tuesday evening, Thursday morning, and must choose two of four L Block rehearsal times to commit to Small Chorus. Small Chorus members must be members of Chapel Chorus. Audition is required at the beginning of the school year. Students in Class I or II can fulfill the Arts distributional requirement by participating in all required rehearsals and performances for one year. Small Chorus is the heart of the choral program at Middlesex. It is a select mixed singing ensemble of 24-28 members who perform sophisticated choral works, including madrigals, classical masterworks, and collegiate style a cappella contemporary/popular songs. The Small Chorus performs in the same concerts as the Chapel Chorus and gives additional concerts for other school events including Revisit Days and Terry Room performances. The soprano and alto group, the MXolydians, and the tenor and bass group, Bateman’s Bullfrogs, are chosen from the members of Small Chorus.
SWAG. Fall, Spring. Mr. Rabb. Monday or Tuesday evening. In combination with Chapel Chorus, students in Class I or II can fulfill the Arts distributional requirement by participating in all required rehearsals and performances for one year. SWAG members must be members of Chapel Chorus. Audition is required at the beginning of the school year. SWAG is a singing ensemble of 12-14 sopranos and altos who sing at the Holiday Concert and informal school performances.
Theater Courses: 2019-2020
The goals of our program are twofold. Primarily, the focus is on the making of theater; we want students to become stronger practitioners of the theater arts. At every level of study, something is produced: a staged performance, a written scene, an original design, a fully realized production. In doing this work, students are asked to apply and develop a sense of creativity and imagination, to stretch their abilities, to take risks, and to develop a sense of artistic discipline. Secondly, as theater is the study of human behavior and experience, the Department wants students to gain a sense of empathy and understanding for the world around them. Through the act of creating a theatrical world, they should develop a stronger understanding for the world they live in.
In addition to the courses listed below, advanced students may design with the department Independent Courses in direction, playwriting and design.
THEATER 33. Approaches to Acting. Fall. Mr. Kane. 4 meetings weekly. Working from the techniques laid out in the Atlantic Theater Company’s book, A Practical Handbook for the Actor, students will practice creating characters for the stage. We will focus first on performing scenes from modern playwrights and then on performing scenes from Shakespeare. In all our work, emphasis will be placed on creating realistic, connected, purposeful and dynamic performances.
THEATER 34. Advanced Approaches to Acting. Spring. Mr. Kane. 4 meetings weekly. Prerequisite: Theater 33 or Permission of the Department. Using the fundamentals laid out in Theater 33, students will work to expand their range as actors. Starting with scenes from Chekhov and then working our way to newer playwrights, students will continue to explore what is needed to create truthful and fully embodied characters for the stage.
THEATER 37. Technical Theater. Spring. Mr. DuBray. 4 meetings weekly. This course is a survey of basic technical theater techniques from script analysis, and concept development and design, to choosing and using tools, hardware, and theater equipment. Students will learn and use various technical theater skills including building and painting sets and props, hanging and focusing lights, and programming the light board. This course will use script-analysis techniques used by designers and directors to develop a clear production concept by reading a play and creating and presenting individual designs to the class. Students will exercise creative and practical skills through in-class projects of set, lighting, sound and costume design. Each student will be required to give and receive peer feedback and work collaboratively and safely.
THEATER 38. Theater Design. Fall, Spring. Mr. DuBray. 4 meetings weekly. Prerequisite: Theater 37 or Permission of the Department. This course is an in-depth look at designing for theater. This course will use script analysis techniques used by designers and directors to develop a clear production concept by reading plays and creating and presenting individual designs to the class. Students will exercise creative and practical skills through in-class projects of set, lighting, sound and costume design. Each student will be required to give and receive peer feedback and work collaboratively and safely. The opportunity to design for a Middlesex production as part of class is a possibility.
THEATER 80. Projects in Theater. Fall. Mr. Kane. 4 meetings weekly. Prerequisite: Theater 33 and 34 or Permission of the Department. This ensemble based acting course focuses on exploring current American playwrights from realists like Tracy Letts and David Margolies to the more surreal, such as Mac Wellman and Charles Mee. In addition to creating performances for the stage, the ensemble will also create shorter video pieces. THIS COURSE WILL NOT BE OFFERED 2019-2020.
THEATER 81. Movie Making for Actors. Fall. Mr. Kane. 4 meetings weekly. Prerequisite: Theater 33 and 34 or Permission of the Department. This course builds on the understanding of character and action developed in the department’s acting curriculum and puts it toward the making of short narrative movies. Students will spend the semester making projects that explore process, cinematography, editing, sound and directing. The course culminates with each student creating an original short movie.
THEATER 90. Advanced Projects in Theater. Spring. Mr. Kane. 4 meetings weekly. Prerequisite: Theater 80 or higher or Permission of the Department. Bringing two years’ worth of technique to practice students collaborate to choose and rehearse their final performance as an ensemble. The course ends in a full-length workshop production in the Hugh Fortmiller Studio Theater.
Visual Arts Courses 2019-2020
Full-credit courses open to members of Classes I and II, and to others with the permission of the Academic Office. These art courses may be pursued under the structure of an Athletic Project without academic credit for one season during the Class I or Class II year with the permission of the Art Department in conjunction with the Athletic Director. Approved Athletic Projects do not count towards the seasonal requirements for students in Class I and II.
ART 20. Advanced Drawing. Fall, Spring. Mrs. McCarthy. 3 meetings weekly. This course builds upon the visual language and techniques studied in Art 13. In this studio-based course, we will begin by drawing from direct observation, but will quickly expand our practice to include non-traditional approaches to image making, including, but not limited to, drawing from imagination, collage, historical and contemporary references. We will use drawing as a means to problem solve and explore, exploring the relationship between process and concept. Students will be required to maintain a sketchbook and work in the studio outside of class time. Individual and group critiques, artist research and exhibition of artwork are integral components of this course.
ART 21. Painting. Fall, Spring. Mrs. McCarthy. 3 meetings weekly. This course is designed to introduce students to the language of painting through a variety of assignments beginning with gesture drawing, monochromatic still life studies and color theory experiments. After a formal introduction, students will be encouraged to develop their technical skills and expressive ideas as artists through their investigation of the landscape and figure. Students will be required to paint in the studio outside of class time, incorporate research into their process, and discuss ideas in individual and group critiques.
ART 22. Advanced Painting. Fall, Spring. Mrs. McCarthy. 3 meetings weekly. Prerequisite: Painting. This course builds upon the materials, concepts and methods studied in Painting. Students will continue to work from observation, but will also explore abstraction and figuration through traditional and experimental methods. Assignments will become increasingly student driven and independent and artist research will be encouraged in order to help students explore the relationship between technique and idea. Group and individual critiques will remain an integral component of the curriculum.
ART 27. Mixed Media Experimentation. Spring. Mrs. McCarthy. 3 meetings weekly. This course is designed to introduce beginning to advanced students to a range of 2D and 3D approaches to making Art. The class will focus on process, design, innovative problem solving and experimentation rather than on end product. Students will have the opportunity to develop a visual language through multiple mediums, including painting, drawing, sculpture, “found” form, and collage. Weekly creative challenges will be assigned focusing on ideas such as abstraction, narrative and realism. Students will be required to work in the studio outside of class, incorporate research into their process, and display their work in exhibitions. THIS COURSE WILL NOT BE OFFERED IN 2019-2020.
ART 28. Video Production. Fall, Spring. Mr. DuBray. 3 meetings weekly. This course is an introduction to video production as a means of telling a story. Through a series of projectbased assignments, students will develop basic skills in digital video production, while becoming familiar with the mediums unique technical and aesthetic qualities. Using an array of tools, including cameras, computers, microphones, iPads, and special effects, students will explore multiple strategies of making art with video. Production topics covered include; Preproduction (story boarding, scheduling, casting, etc.); Production (cinematography, mise-en-scene, shooting, etc); and Postproduction (editing, Foley sound, visual effects, etc.). Classroom instruction, screenings, readings and discussions will challenge students to discover the diversity that video as a medium offers.
ART 29. Printmaking and Design Thinking. Fall, Spring. The Department. 3 meetings weekly. Especially since the invention of the printing press, graphic design has played a large role in media production and pop culture. Graphic images are everywhere we look from signage to movie posters to pizza boxes. In this class, we will build on our introductory drawing skills and explore the world of design from illustration and posters to textiles and branding/marketing through a multiple of mediums: monoprinting, screenprinting, artist’s books, Adobe Illustrator and Photoshop. Students can expect to leave the class with a foundation in design theory and thinking, typography, Adobe Creative Suite, and printmaking techniques. Individual and group critiques will encourage students to analyze, describe and interpret artwork. The class will end with an open final project of the student’s choice.
ART 30. Ceramics. Fall, Spring. Ms. Potwin. 3 meetings weekly. This course will introduce students to a variety of traditional and non-traditional techniques in hand-building, including pinch pots, coil and slab construction, and wheel working as well as basic glazing and firing methods. Weekly projects as well as several research-driven projects will build fabrication skills and encourage students to challenge themselves in developing and expressing a personal aesthetic in their work. Practice outside of class time is an important part of the learning process throughout the course in order to build a relationship with clay. Mid-semester and end of semester critiques are an integral part of the growth process in this course.
ART 31. Advanced Ceramics. Fall, Spring. Ms. Potwin. 3 meetings weekly. Prerequisite: Ceramics. In this course, students have the opportunity to delve deeply into a few fabrication methods and concepts that really interest them. New and non-traditional fabrication techniques may also be introduced, and advanced ceramics students are expected to develop their own studio practice. Weekly studio visits with the instructor will help to build a network of contemporary and historical art references that serve as inspiration for their own personal style. Mid-semester and end of semester critiques are an integral part of the growth process in this course.
ART 32. Advanced Studio Projects: Ceramics. Fall, Spring. Ms. Potwin 3 meetings weekly. Prerequisite: Advanced Ceramics and Permission of the Department. Students committed to mastering their skills in sculptural form in clay are offered the opportunity to tailor a course program to further explore areas of interest. This might include alternative firing techniques, jewelry making, clay sculpture or advanced decorative techniques. Each student will design, create, and host his/her own final exhibit at the close of the semester.
ART 33. Sculpture Carving. Spring. Mrs. McNally. 3 meetings weekly. Maximum of 8 students. This course will be an exploration of three-dimensional sculptural forms. Students will develop and explore their ideas using clay, stone, and wood and a variety of traditional and nontraditional tools and processes. The sculptures will be created through subtraction processes allowing each student to gain an understanding of the relationship between formal, conceptual, and aesthetic concerns. Group discussion of work will be integral to the class. Students will be required to show their work in a class exhibition.
ART 34. Study of The Form: 3D Explorations. Fall, Spring. Ms. Potwin. 3 meetings weekly. In this course students will explore a variety of traditional and nontraditional 3-dimensional media and processes including, but not limited to: wood, wire, fibers, cardboard, plaster, polymer clay and mold making and casting. Assignments will address sculptural and design concerns, as well as figurative techniques and experimental fabrication. Critique is an essential component of this class. No previous sculpture experience necessary.
ART 35. Photography. Fall, Spring. Mr. Callahan. 3 meetings weekly. This course is for both beginning students and those who already have some photographic experience. Students will learn the basics of digital camera function and Photoshop workflow. Assignments will involve a variety of photographic genres, such as, but not limited to; portraiture, nature, conceptual and night photography, and photographic techniques including, depth of field, and the freezing and blurring of motion, as well as elementary design and compositional considerations. Students who do not have access to a digital camera may borrow one from the department.
ART 36. Advanced Photography. Fall, Spring. Mr. Callahan. 3 meetings weekly. Prerequisite: Photography or Permission of the Department. Students in Advanced Photography will take a more rigorous approach to the aesthetic and conceptual aspects of their work. The emphasis in this course is on the development of a personal photographic vision. By the end of the semester each student is required to produce a portfolio of images organized around a coherent theme and expressing an individual aesthetic point of view, informed by the work of the great photographic masters, both classic and contemporary. It is expected that throughout the semester students will regularly shoot photographs outside of the designated class periods, and on occasion, be available to go off campus on shooting expeditions.
ART 37. Photographic Portraiture. Fall. Mr. Callahan. 3 meetings weekly. Prerequisite: Photography or Permission of the Department. Since its inception in the 19th century, photography and portraiture have been inextricably linked. In this course, students will explore the rich legacy of photographic portraiture, becoming acquainted with the giants of the medium such as Leibovitz, Avedon, Sander, Cartier-Bresson, Hurrell, Arbus, and Lorca DiCorcia. Initial assignments will flow from our study of historical styles and philosophical approaches. Technical aspects may include, but are not limited to – studio lighting, camera angles, and compositional considerations. As a final project, each student will be required to create an original portfolio of portraits that exhibit both a personal visual style and coherent, conceptual point of view.
ART 38. The Photo Book. Spring. Mr. Callahan. 3 meetings weekly. Prerequisite: Photography or Permission of the Department. Even in this age of ever evolving technology, the photo book remains a significant art form, central to the practice of many contemporary photographers. In this course, students will create their own self published photo book utilizing on-line services such as Blurb. We will consider the various factors that contribute to a successful photo book, such as the unity of concept and vision, sequencing of images, as well as aspects of design and typography. For inspiration, students will be exposed to a wide variety of photo books, from those that changed the course of photo history, to others that are more unusual and esoteric. As a prerequisite, students must already have produced an aesthetically and thematically consistent body of work that will provide the foundation necessary to create a meaningful photo book.
ART 39. Advanced Photoshop. Fall, Spring. Mr. Callahan. 3 meetings weekly. Prerequisite: Photography or Permission of the Department. This course will address the technical aspects of digital workflow and Photoshop technique on a more advanced level. Concepts covered will include, but not be limited to: Camera Raw, Adobe Bridge, Adobe Lightroom, Layers, Masks, Filters, Advanced Color Workflow, Composite Images and HDR. While the assignments will be structured around the goal of mastering a variety of digital processes, it is expected that students will be photographing subjects suitable for the creation of a final portfolio that manifests both technical skill and artistic merit.
ART 40. Advanced Placement Art History. Year. Ms. Munro. 5 meetings weekly. Prerequisite: Permission of the Department. Admission to AP Art History is based on performance in Art 11, United States History, and English 30 and 31. Distributional credit in the Arts, the Humanities, or the Social Sciences. This course may be designated as a History course. Spanning from the Paleolithic art of cave painting to new-media installations of the twenty-first century, this course offers a comprehensive investigation of the history of art. Students will also study art from diverse, global traditions, with units dedicated to the arts of Africa, Asia, the Americas and Europe. As a college-level course, this class will rely on primary sources, academic articles and a course textbook. Throughout the year, students will also refine the skills associated with art-historical writing and criticism, and the class will make periodic trips to area museums. This course prepares students to take the Advanced Placement Examination in Art History.
ART 41. Advanced Placement Studio Art: Drawing. Year. Mrs. McCarthy. 4 meetings and one evening weekly. Open to Class I. Prerequisite: 2 or more Visual Arts courses. Students must state their interest during their junior year and will be selected for participation in the AP Studio Art course by the Department and an outside judge. Advanced Placement Studio Art: Drawing is a rigorous college-level course where students produce an extensive art portfolio of 18 works of art. Students who enroll in this course should do so with the understanding that they plan to participate in the Advanced Placement evaluation in early May. This course has been designed to meet the external criteria established by the College Board, and will address both sections of Portfolio development: sustained investigation and quality. Through direct teacher instruction (4 classes per week plus life drawing), individual and group critiques, and independent focused studio research and practice, students will acquire the conceptual, technical and critical abilities to execute their personal ideas and complete a portfolio, which demonstrates mastery in concept, composition and execution. A gallery exhibition will be presented in late spring featuring the art completed during the previous two semesters.
ART 42. Advanced Placement Studio Art: 2-D Photography Portfolio. Year. Mr. Callahan. 4 meetings and one evening weekly. Open to Class I. Prerequisite: Two or more photography courses. Students must state their interest during their junior year and will be selected for participation in the AP Studio Art course by the department and an outside judge. Advanced Placement Studio Art: Photography is a rigorous college-level course in which students are required to produce a thematically diverse portfolio consisting of 18 exhibition quality photographs. Students who enroll in Advanced Placement Photography should do so with the understanding that they plan to participate in the Advanced Placement portfolio evaluation. This course has been designed to meet the external criteria established by the AP program, and as such, will entail a substantial time commitment. Students will address both sections of Portfolio development: sustained investigation and quality. The first semester will be dedicated to the breadth portfolio, which consists of assignments that focus primarily on design considerations as expressed through a diversity of photographic genres. The second semester is devoted to the development of a personal body of work that explores a particular subject, theme or concept in a coherent and compelling manner, demonstrating technical and critical mastery of the medium. The course will culminate in a gallery exhibition in the late spring featuring each student’s work.
ART 43. Advanced Placement Studio Art: 3-D Portfolio. Year. Ms. Potwin. 4 meetings and studio visits determined by Instructor. Open to Class I. Prerequisite: Ceramics and Advanced Ceramics or another Visual Arts course. Students must state their interest during their junior year and will be selected for participation in the AP Studio Art course by the Department and an outside judge. Advanced Placement Studio Art: 3-D Portfolio is a rigorous college-level course where students produce an extensive art portfolio of 18 works of art. Students who enroll in this course should do so with the understanding that they plan to participate in the Advanced Placement evaluation in early May. This course has been designed to meet the external criteria established by the College Board and will address both sections of Portfolio development: sustained investigation and quality. Through direct teacher instruction (4 classes per week plus studio visits), individual and group critiques, and independent focused studio research and practice, students will acquire the conceptual, technical and critical abilities to execute their personal ideas and complete a portfolio, which demonstrates mastery in concept, composition and execution. A gallery exhibition will be presented in late spring featuring the art completed during the previous two semesters.
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Concord, Massachusetts 01742
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Careers at Middlesex
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Tech giants face questions on hate speech going into debates
by: MARCY GORDON, Associated Press
Members of the media gather for a walk-through of the stage set-up for the first democratic debate, Wednesday, June 26, 2019. Ten presidential candidates, led by Sen. Elizabeth Warren, are set to converge on the debate stage on the first night of Democratic debates to offer their pitches to the American people and attempt a breakout moment for their campaigns. (AP Photo/Marta Lavandier)
WASHINGTON (AP) — Executives of Facebook, Google and Twitter faced questioning by a House panel Wednesday on their efforts to stanch terrorist content and viral misinformation on their social media platforms.
The scrutiny comes as the tech giants step up safety measures to prevent disinformation online targeting the Democratic presidential debates starting Wednesday night.
Lawmakers and tech industry executives are concerned that the debates could be targeted by Russian or other hostile parties to foment political conflict using social media, as happened in the 2016 election. U.S. intelligence officials have determined that Russia carried out a sweeping political disinformation campaign on social media to influence the election, and they have repeatedly warned about the threat of foreign meddling in American politics, especially ahead of elections.
“As the presidential debates begin, we are building on our efforts to protect the public conversation and enforce our policies against platform manipulation,” Twitter said in a statement Wednesday. “It’s always an election year on Twitter.”
Facebook said it will have “a dedicated team proactively monitoring for threats as well as investigating any reports of abuse in real time in the lead up to, during and following the debates.”
The hearing by the Homeland Security Committee was prompted by the mosque shootings in New Zealand in March that killed 50 people, attributed to a self-professed white supremacist who livestreamed the attacks on Facebook.
Rep. Bennie Thompson, D-Miss., the panel’s chairman, noted that the livestreamed massacre occurred nearly two years after Facebook, Twitter, Google and other big tech companies established a global internet forum to fight the spread of online terrorist content.
“I want to know how you will prevent content like the New Zealand attack video from spreading on your platforms again,” Thompson told the information policy executives from the three companies.
Thompson said he also wanted to know how the companies are working to keep hate speech and misinformation off their platforms.
Controversy over white nationalism and hate speech has dogged online platforms such as Facebook and Google’s YouTube for years. In 2017, following the deadly violence in Charlottesville, Virginia, tech giants began banishing extremist groups and individuals espousing white supremacist views and support for violence. Facebook extended the ban to white nationalists.
But the big tech companies now are under closer scrutiny than ever in Congress, following a stream of scandals including Facebook’s lapses in opening the personal data of millions of users to Donald Trump’s 2016 campaign. Google’s dominant search engine and hyper data collection have raised privacy concerns and accusations by Republicans of suppressing conservative viewpoints.
Trump on Wednesday renewed his criticism of the tech giants, insisting that their platforms censor conservative views. “They’re doing it to me on Twitter,” Trump said in an interview with Fox Business Network’s “Mornings with Maria.”
“You know, I have millions and millions of followers, but I will tell you they make it very hard for people to join me on Twitter, and they make it very much harder for me to get out the message,” Trump said. “These people are all Democrats. It’s totally biased toward Democrats.”
Monika Bickert, Facebook’s head of global policy management, said at the hearing that in response to the events in New Zealand, the company now prohibits livestreaming by people who have violated rules covering organizations and individuals deemed dangerous and potentially violent.
“We want to make sure we’re doing everything to make sure it doesn’t happen again,” Bickert said.
The social network giant has improved its technology and techniques and is now able to more effectively detect terrorist content, including through tools now working in 19 languages, she said.
Twitter has suspended more than 1.5 million accounts for violations related to promoting terrorism from Aug. 1, 2015, to Dec. 31, 2018, said Nick Pickles, global senior strategist for public policy.
“We continue to invest in technology … to ensure we can respond as quickly as possible to a potential incident,” he said. “Twitter will take concrete steps to reduce the risk of livestreaming being abused by terrorists, while recognizing that during a crisis these tools are also used by news organizations, citizens and governments.”
Google’s policies for search, news and YouTube make clear the types of conduct that are prohibited, such as misrepresenting ownership or primary purpose, said Derek Slater, director of information policy.
“We want to do everything we can to ensure users are not exposed to content that promotes or glorifies acts of terrorism,” Slater said.
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Main Blog > The Missing Thirteenth Amendment?
The Missing Thirteenth Amendment?
Anita • Wednesday, July 11, 2007 at 5:18 PM
In 1810, U.S. Senator Philip Reed of Maryland proposed the above amendment to the U.S. Constitution, essentially stating that anyone accepting a title of nobility would be stripped of their citizenship. Under such an amendment, individuals like Sir Rudy Giuliani, or possibly even lawyers adopting the title 'esquire', could lose their status as U.S. citizens.
At the time, 13 states were needed to ratify the amendment, but only 12 are known to have done so prior to the war of 1812. Controversy arises because most government records were lost when the British burned down Washington DC in 1814. Some people now believe that the amendment was actually ratified, as did many states and government agencies throughout the 1800's. Even the U.S. President, James Madison, was apparently unsure of the amendment's status and sent delegates to undecided states in 1817 to determine if they had voted to have it ratified.
Officially, the amendment was never ratified, but remains open for ratification if enough states vote to do so. However, many state and federal printings of the Constitution included the amendment until around the Civil War, lending credibility to the theory that it was ratified and later swept under the table once the new 13th amendment abolishing slavery was added.
Was it a conspiracy? Or just a case of misunderstood constitutional law and bad record keeping? Read the whole story at Daily Kos or on Wikipedia and decide for yourself.
BLACKLISTED: Gellner 1 • 12Jul07 12:15pm • 0
So much about the war of 1812 was "lost" when Canadians (British) burned the white house down. They're still teaching falsehoods in American schools and omitting anything that doesn't reinforce the idea that "The U.S. has never lost a war"
BLACKLISTED: Jack Flash • 12Jul07 6:42am • 0
Johnny Cat - I think her point was that Rudy Giuliani ACCEPTED the honor. Had this amendment been ratified, his citizenship would have been stripped because of accepting it, not because of the honor itself.
Just because Giuliani is the scariest candidate we've ever seen (and the most likely to turn the presidency into a dictatorship) doesn't mean any anti-Giuliani comment is an endorsement of Hillary.
BLACKLISTED: Johnny Cat • 11Jul07 11:57pm • 0
Sir Rudy? That's honorary, Anita. Neat, but hardly worth bringing up in this context. Good luck with Hillary.
BLACKLISTED: DrTom • 11Jul07 10:27pm • 0
This is a common "conspiracy" pointed to by many in the American Militia movement. They are convinced that the Amendment was ratified and the ratification is being "hidden" by the government in order to protect all of the "esquires" (lawyers) currently serving in government. Of course, if you try to convince them otherwise, they claim that they are unable to hear you because of the noise created by the black helicopters hovering over their compounds.
"The Missing Thirteenth Amendment?"
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Public Health Law and Policy Perspectives
Veterans and Telemental Health
The VA has increasingly embraced telehealth as a critical tool to improve veterans’ access to care and its extensive Telemental Health Program is considered one of the largest telemental health networks in the world. It’s important to note that the VA does not face some of the regulatory challenges that are barriers to other telehealth programs.
Natural Experiments to Address Prescription Drug Misuse
With almost 19,000 U.S. deaths associated with opioid pain relievers in 2014, prescription drug misuse and illicit use are one of today’s most pressing public health challenges. Laws intended to reduce prescription opioid misuse, addiction, and overdose are rapidly proliferating, and have given rise to a series of natural experiments in the United States.
End-of-Life Issues: A Public Health Challenge
The aging of baby boomers has brought about a renewed focus on end-of-life issues, including advance care directives, palliative care, hospice, and aid in dying (AID). End-of-life decisions are ultimately personal. Most options are supported by both state and federal laws, but AID remains an option that’s legal in only a few states.
Issue Brief: Addressing Social Determinants of Health through Accountable Health Communities
The Centers for Medicare and Medicaid Services (CMS) has announced a funding opportunity for a new payment and service delivery model designed to address some of the social determinants of health: The Accountable Health Communities (AHC) Model. This issue brief provides detail on the components of the AHC Model and how organizations can submit proposals for funding to support their work on these components.
Public Health Data in the Courts: Gobeille v. Liberty Mutual and its Implications
States have recognized all-payer claims databases (APCDs) as useful tools for collecting public health data. With the recent Supreme Court decision in Gobeille v. Liberty Mutual, states with mandatory APCDs are facing changes to their reporting statutes. This webinar will explore the legal issues surrounding Gobeille v. Liberty Mutual, the public health and healthcare considerations of all-payer claims databases, and alternative approaches states can take to continue to use these databases effectively. The webinar takes place on Thursday, November 17 from 1pm – 2:30pm ET.
Ebola Virus: Legal Authority to Quarantine Animals
In 2014, an outbreak of Ebola Virus Disease (EVD) in West Africa was traced to a young boy in Guinea who had contact with an infected bat. The virus traveled overseas and subsequent cases in the United States spurred many health agencies to review laws regarding quarantine and emergency legal preparedness. A health educator from Michigan recently contacted the Network for information about legal authority to quarantine animals in the event of an outbreak of EVD. The Network reviewed relevant state and local laws regarding animal quarantine, as well as guidance from the American Veterinary Medical Association and the Centers for Disease Control and Prevention (CDC).
New Online Tool
Test the New Online Legal Technical Assistance Knowledge Base
We are excited to announce the beta version of our online new tool, the Legal Technical Assistance Knowledge Base, which allows users to access a limited number of records from our extensive database of legal technical assistance. We are inviting Network Joiners to take a few minutes to explore the Knowledge Base and give us your feedback through an online survey (you’ll be entered into a prize drawing for completing the survey). Search and get helpful legal insights on topics such as overdose prevention, emergency legal preparedness, public health data sharing and more. Your input will help us improve and expand on this new public health law tool!
Worth Sharing
Marijuana and Soda Taxes Win Big, but Cigarette Taxes Fail in Several State Votes
Voters in several states approved and rejected a number of public health-related ballot measures in Tuesday’s election. This article lists results for ballots on recreational and medical marijuana, cigarette taxes, soda taxes, assisted suicide and other issues.
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Childhood obesity research accolade
Research into childhood obesity in developing Asian countries has earned UON researcher, Wai Yew Yang, a prestigious 2014 Nestle Nutrition Institute Young Researcher Award.
The awards are presented to young researchers (under the age of 40) who are working in the field of maternal and paediatric health and nutrition in Malaysia.
Ms Yang, based in Kuala Lumpur, said she was delighted to receive the honour and was further motivated to contribute to nutrition and diabetes research, specifically in the area of maternal and child health.
"It has been a challenging road so far, so the award is a true blessing and recognition of my PhD work. I am very thankful to my team of supervisors at UON and International Medical University, Malaysia for their continuous support and encouragement," she said.
Ms Yang's PhD research focuses on finding the causative factors of childhood obesity, and formulating effective interventions.
"Malaysia, like other Asian developing countries, is currently experiencing an escalation in the prevalence of childhood obesity, due to the nutrition and lifestyle transition associated with rapid economic development and urbanisation," she said.
"The magnitude of childhood obesity in this country is large, yet to date, answers are scarce. The role of high-quality research in this is crucial, considering there are many gaps identified in research literature and practice settings.
"Results from my research will greatly benefit families and Malaysian communities by creating awareness and implementing targeted programs to combat one of Malaysia's major healthcare issues."
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New starter Henne leads Jaguars past Titans to end 7-game skid
MARK LONGASSOCIATED PRESS
Making his first start in more than 13 months, Chad Henne threw two touchdown passes and the Jacksonville Jaguars beat the Tennessee Titans 24-19 Sunday.
JACKSONVILLE — Chad Henne provided another spark for the NFL's worst offense, this one in a winning effort.
Making his first start in more than 13 months, Henne threw two touchdown passes and the Jacksonville Jaguars beat the Tennessee Titans 24-19 Sunday.
The Jaguars (2-9) snapped a seven-game losing streak and were competitive at home for the first time this season.
Henne was the key.
A week after coming off the bench and throwing for 354 yards and four touchdowns in a loss at Houston, Henne found Cecil Shorts III for a 59-yard touchdown in the third quarter and hooked up with rookie Justin Blackmon for a 7-yard score in the fourth.
The Titans (4-7) cut the lead to 21-19 on Jake Locker's 6-yard pass to Kenny Britt with 4:52 remaining and had the ball with a chance to take the lead. But Russell Allen tipped Locker's pass over the middle, and Dwight Lowery — back on the field after a five-week absence — had his first interception of the season.
Josh Scobee's 41-yard field goal with 24 seconds remaining left the Titans in desperation mode for the final few snaps.
Henne completed 17 of 26 passes for 261 yards. His first pass of the game was tipped and intercepted. He also was sacked seven times, including twice that took the Jaguars out of field-goal range.
But he made up for the mistakes with clutch throws, the kind Jacksonville has been missing much of the season — especially at home.
The Jaguars had been outscored 153-44 in five losses at EverBank Field. They trailed 3-0 after Henne's interception, but slowly seized control by holding the Titans to field goals most of the day.
Rob Bironas made four and was wide left from 42 yards away. His miss loomed large, especially after Britt's late score made it a two-point game.
The Jaguars were relieved.
“They needed that. A lot of people needed that,” coach Mike Mularkey said.
Shorts finished with four receptions for 105 yards. Blackmon added five catches for 62 yards.
Shorts set a franchise record with his fourth reception of at least 50 yards this season, surpassing the previous mark set by Keenan McCardell in 1998 and tied by Jimmy Smith the following year.
Rashad Jennings, filling in for injured starter Jalen Parmele, ran 16 times for 43 yards and a touchdown.
Jacksonville showed some resiliency by closing out Tennessee without three defensive starters. Cornerbacks Derek Cox (leg) and Aaron Ross (dehydration) left the game and did not return. Defensive end Austen Lane (leg) came out late.
Locker completed 23 of 40 passes for 262 yards, with a touchdown and an interception. His final pass of the game was picked off.
Chris Johnson ran 21 times for 80 yards, and that's with a 31-yard run on Tennessee's lone touchdown drive.
The Titans had won two in a row on the road and looked to stay in the playoff hunt with a win after their bye week. Now, they're probably a long shot in the AFC postseason picture.
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Georgia will ‘wait and see’ if Putin’s softer tone lasts
by: JAMEY KEATEN, Associated Press
Posted: Jul 11, 2019 / 11:41 AM EDT / Updated: Jul 11, 2019 / 05:54 PM EDT
FILE In this file photo taken on Sunday, Dec. 16, 2018, Georgian President Salome Zurabishvili arrives to attend her inauguration in Telavi, Georgia. Georgia’s president says she’ll “wait and see” how a debate in Russia about possible new sanctions against her country will shape out, cautiously welcoming conciliatory comments from President Vladimir Putin as preferable to “threats.”. (Irakli Gedenidze/Pool Photo via AP, File)
GENEVA (AP) — Georgia’s president says she’ll “wait and see” how a debate in Russia about possible new sanctions against her country will pan out as she cautiously welcomed conciliatory comments from President Vladimir Putin as preferable to “threats.”
Salome Zurabishvili spoke to The Associated Press in an interview during a break from a conference she was hosting with European leaders — including European Council president Donald Tusk — at the Black Sea resort city of Batumi.
Zurabishvili, who took office as Georgia’s first woman president in December, also responded to critics in Georgia who have faulted her allegedly soft line toward Russia during a recent flare-up of tensions, saying it’s the “fate of any political leader” to face opposing views.
“I’m here to protect my people, and nobody is going to give me a lesson in patriotism,” she said by Skype.
But her most timely comments came in response to passing remarks this week by Putin, who sought to lower the temperature by rejecting calls in Moscow to halt money transfers from Georgians living in Russia and ban imports of Georgian wine and mineral water.
Putin said he wouldn’t take such action “out of my respect for the Georgian people,” adding that he “wouldn’t do anything that would exacerbate our relations.”
In response to Putin’s remarks, Zurabishvili replied: “Well, we are going to wait and see what is the reality. But I would rather have these comments than have threats.”
“And on our side we’re certainly ready not to escalate,” she said. “And I’ll be the first one to call for de-escalation.”
Russia banned wine and mineral water supplies from Georgia in 2006 amid an earlier political spat, but the ban was lifted six years later and Russia again has become the No. 1 destination for Georgian wine exports.
Putin’s conciliatory words came just days after a ban on direct flights between the countries took effect, spoiling holiday plans for many Russian holidaymakers and threatening a large dent in Georgia’s crucial tourism industry.
Zurabishvili took an optimistic tone, and sought to lure tourists from elsewhere.
“I’m sure that the Russian tourists will come back one day — maybe sooner than later,” she said. “Georgia will remain open.”
Tensions have risen in recent weeks after a contested visit by a Russian lawmaker to Georgia’s parliament sparked protests in Georgia, and have been fueled further by a Georgian TV host who showered Putin and his late parents with profanities in live broadcast.
Zurabishvili, who was born and raised in France, was speaking during her latest effort to reinforce ties with the European Union. In a transcript of her speech in Batumi, she said fully four-fifths of Georgians back membership of the European bloc, and that the country has become “one of the staunchest and enthusiastic” advocates of the EU.
Russia and Georgia fought a brief war in 2008, after which Russia recognized the independence of two of Georgia’s breakaway republics. Despite a freeze in political ties, more than 1 million Russian tourists a year have visited Georgia, attracted by its scenic mountains and lush sea coast.
WARSAW, Poland (AP) — A Jewish association has said that some private donors to Poland's renowned Jewish history museum have suspended their donations out of concern over the government's failure to extend the term of its director.
A special commission in May approved Dariusz Stola for another five-year term, but Culture Minister Piotr Glinski hasn't yet officially reappointed him.
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United's 'problems are still there' - Mourinho
Will O'Callaghan willocallaghan
Jose Mourinho believes time has proven that his coaching style weren't the issue at Manchester United.
Mourinho was sacked in December after a poor start to this season and his successor Ole Gunnar Solksjaer won 10 of his first 11 games in charge but their form dipped after the Norwegian's permanent appointment. United registered just two victories in their last nine matches as they finished in sixth place, missing out on qualification for next year's Champions League.
The Portuguese has told L'Equipe that he felt undermined at United by some of the dressing room.
"Generally, the players can feel a certain erosion, especially when you ask a lot of them.
"When I say that the second season was fantastic, I say it because the potential and the objectives were met.
"I really squeezed, like an orange, to achieve them. When you have a very professional group of players who are ambitious, hard-working and talented, at a structured club, you don't have that erosion.
"When you are almost alone, in that you don't have the support of the club close to you, while certain players go somewhat against the coach, who is the nice guy.
"I don't want to be the nice guy, because the nice guy, after three months, is a puppet and that doesn't end well."
Mourinho says he remains proud of United's second-place finish in his second season in charge.
"I said nine or 10 months ago that after winning eight championships, finishing second with United may have been my greatest achievement. Now people understand.
"About United I want to say only two things: One is that time has spoken. Two is that the problems are still there."
Mourinho clashed with record signing Paul Pogba, but he insists the problems at the club go far deeper than the France midfielder.
"The problems are there, you can say that these are the players, the organisation, the ambition. I only say that I cannot say 'yes' when you ask if Paul was the only one responsible."
Leinster Rugby announce historic men's & women's double header
Crackdown on illegal Premier League streaming
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contemporary, lgbtq, lgbtq ya, lgbtq ya month, review, stephen chbosky, the perks of being a wallflower, YA
Review: LGBTQ Themes in The Perks of Being a Wallflower by Stephen Chbosky
09:00 Jo 2 comments
The Perks of Being a Wallflower by Stephen Chbosky (review copy) - Charlie's not the biggest geek in high school, but he's by no means popular. Shy, introspective, intelligent, yet socially awkward, Charlie is a wallflower, standing on the threshold of his life whilst watching everyone else live theirs.
As Charlie tries to navigate his way through unchartered territory - the world of first dates and mix tapes, family dramas and new friends - he realises he can't stay on the sidelines forever. There comes a time when you have to see what life looks like from the dance floor. From the blurb.
I have already reviewed The Perks of Being a Wallflower generally, as I couldn't wait until now to discuss how beautiful it is, but I'm looking at it again for LGBTQ YA Month, with a focus on Patrick. This is going to be difficult because there are certain aspects of the story that could be very easily spoilt for readers by talking about the LGBTQ themes in Perks, but I'm going to try and cover the important aspects without spoilers - this review may be a little short.
Patrick is gay, but his sexuality is not a problem amongst his group of friends, and when Charlie finds out, it's not a problem to him either. What's awesome is that it doesn't even cross his mind that it should be a problem - Patrick might as well have been telling him that he liked eating cheese for as much impact it had on him. But it's not all plain sailing; his friends may not have a problem with him being gay, but that doesn't mean he is free from homophobic attacks while at school.
Chbosky also looks at the struggles with accepting who you are; boys wanting boys, but not wanting to want boys. Keeping things hidden and secret and in the dark. Worries about what other people will think, so living a lie in the open. Something is covered in Perks that could be considered quite controversial. I myself was quite shocked when I first read it, but why should the experiences of some people be left out because they're seen as taboo? Just because we don't talk about them, doesn't mean they don't happen. I thought it was awesome of Chbosky to cover this topic, because it just made the character's pain more real; this kind of thing happens, this is true to life, and this is how someone chooses to cope.
This is all seen second hand through Charlie's eyes, but Charlie is such a great character, that you're able to feel for the various characters effected through him, through what he's told and through how he thinks. At times your heart breaks, and at others you are so beyond disgusted and appalled. But the way Chbosky writes, it feels as though he's not writing about LGBTQ characters, experiences or themes, he's just writing about life. And he does it beautifully.
Thank you to Simon and Schuster Children's Books for the review copy.
Published: 30th August 2012
Publisher: Simon & Schuster Children's Books
Originally published: 1999, by MTV
Buy on Amazon US
Stephen Chbosky's Author Page
Charlie 2 July 2013 at 10:54
Great review Jo. Slightly spoilery comment ahead: I also found the Rocky Horror references in the text interesting, a film that is both embraced and controversial with regards to representing LGBTQ individuals. I loved how Chbosky showed queer and allied alike basically embracing the fun of the show as their own subculture rebellion, and how Charlie views the experience with both an outside looking in and inside looking out perspective. Chbosky writes so many brilliant and intricate layers of identity exploration within the text. Such a good book.
Jo 2 July 2013 at 11:07
Cheers, Charlie! I haven't seen nor really know the story of Rocky Horror, so it's not something I even thought to comment on. But it's an interesting point. I think I'll have to watch it now to get a better idea of the book :) It's an amazing book! One of my favourites, if not the #1! Thanks for commenting!
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Home � Adventureland , Audio Animatronics , Magic Kingdom , Magic Kingdom Attractions , Recent � Fate Brings Changes To Walt Disney's Enchanted Tiki Room
Fate Brings Changes To Walt Disney's Enchanted Tiki Room
Posted by Jamie Collins on 5:41 PM // 0 comments
On January 12th, 2011 Fate stepped in to help bring about changes to The Enchanted Tiki Room (Under New Management) at the Walt Disney World Resort. A fire broke out in the attic of the attraction and the Iago audio-animatronic figure was severely damaged. Disney recently confirmed at the D23 Destination D: Walt Disney World 40TH Anniversary Conference that the attraction will be returning to its roots and changing the show to something more reminiscent of when the show was called Tropical Serenade.
The Enchanted Tiki Room History
Walt Disney's Enchanted Tiki Room was a landmark achievement when it first opened in Disneyland in 1963. This attraction became the first to utilize audio-animatronic characters. This pre-dated Disney's work with the well known Abraham Lincoln figure that made it's mark at the 1964-65 New York World's Fair.
In what was to originally be a dinner show attraction, it was decided during the design phase to drop the dining aspect and turn the show into it's own attraction for Disneyland.
When Disney World was built The Enchanted Tiki Room had to be part of the new Magic Kingdom. As an opening day attraction on October 1, 1971 it was almost identical to the Disneyland version, but received the name: Tropical Serenade.
This family friendly attraction included 88 singing audio-animatronic birds along with animated tikis, flowers, masks, and drummers.
In 1998, the Disney Imagineers attempted to "plus" the attraction by adding characters from then recent Disney Movies Aladdin and The Lion King. It was renamed The Enchanted Tiki Room: Under New Management to reflect the changes to the show.
The pre-show was also updated to set the stage for the show inside by having two bird agents argue about their bird being the big new star of the show.
Zazu from The Lion King
Iago from Aladdin voiced by Gilbert Gottfried.
The changes in the show really counted on the audience being familiar with the characters of Zazu and Iago. As time went on the show became dated and the shows became less and less crowded. Disney lost the "timeless" factor that makes many of their classic attractions fan favorites year after year.
After the fire the Disney Imagineers took the opportunity to listen to the Disney World fans and bring about changes to the show closer to the original version.
Current plans call for the new "old" show to return to the Magic Kingdom on August 15, 2011. It will be called The Enchanted Tiki Room. We are looking forward to the return of this "timeless" classic that relies less on current movie characters and more on good family entertainment.
Tags: Adventureland , Audio Animatronics , Magic Kingdom , Magic Kingdom Attractions , Recent
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Report of gun on Virginia school bus turns out to be air pistol
By WCAV | May 1, 2019 at 7:01 PM EDT - Updated May 1 at 7:01 PM
FLUVANNA COUNTY, Va. (CBS19 NEWS) -- The Fluvanna County Sheriff’s Office investigated a report of a juvenile pulling out a gun on a school bus Wednesday afternoon.
Investigators say it was actually an air pistol, but it was similar in appearance to a real firearm.
Sheriff's deputies spoke with the juvenile and their parents. The matter has been referred to the Virginia Department of Juvenile Justice Court Service Unit.
Investigators say there are no direct threats against the schools at this time. They declined to release any additional information about the juvenile.
Copyright 2019 WCAV. All rights reserved.
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Amber Alert issued for 4-month-old abducted in Bladen County, N.C.
An Amber Alert has been issued for a 4-month-old girl who was abducted from a day care facility Monday in Bladen County.
News to Know on July 16: Extreme heat on the way; RPS loses track of 800 students; no more drug tests for some teachers
NBC12 Newsroom
New state program will foot the bill if you plant the trees
DC power restored after huge outage Monday night
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Philly Man Faces Retrial in 1991 Rape, Murder
Published Feb 29, 2016 at 12:38 PM
Anthony Wright (center) says he was wrongly accused of raping and killing 77-year-old Louise Talley in 1991.
A man whose conviction in the rape and murder of an elderly woman in north Philadelphia a quarter-century ago was overturned due to DNA evidence is facing a retrial in the case.
Forty-four-year-old Anthony Wright was sentenced to life without parole in the October 1991 slaying of 77-year-old Louise Talley, his neighbor in the Nicetown neighborhood. The conviction was reversed two years ago after DNA evidence pointed to another man.
The Philadelphia Inquirer reports that prosecutors will argue in the retrial that Wright didn't act alone but was in the home when Talley was assaulted and stabbed 10 times.
Defense attorneys have argued in pretrial filings that other evidence should be barred because it was tainted by improper police conduct and witnesses have died since the 1993 trial.
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FBI Removes Many Redactions in Marilyn Monroe File
By ANTHONY McCARTNEY
Published Dec 28, 2012 at 9:34 AM | Updated at 12:55 PM EST on Dec 28, 2012
FILE - In this June 2, unknown year, file photo, actress Marilyn Monroe smiles in a car after arriving tousled from an all-night plane flight from Hollywood to Idlewild Airport, in New York. The actress said she planned to rest in New York before going to England to make a new movie with Sir Laurence Olivier. In late 2012, the FBI has released a new version of files it kept on Monroe that reveal the names of some of her acquaintances who had drawn concern from government officials and members of her entourage over their suspected ties to communism.
FBI files on Marilyn Monroe that could not be located earlier this year have been found and re-issued, revealing the names of some of the movie star's acquaintances who drew concern from government officials and her own entourage.
The files had previously been heavily redacted, but more details are now public in a version of the file recently obtained by The Associated Press through the Freedom of Information Act. The updated files reveal that some in Monroe's inner circle were concerned about her association with Frederick Vanderbilt Field, who was disinherited from his wealthy family over his leftist views.
The FBI's files on Monroe show the extent the agency was monitoring the actress for ties to communism in the years before her death in August 1962. A trip to Mexico earlier that year to shop for furniture brought her in contact with Field, who was living in the country with his wife in self-imposed exile. Informants reported to the FBI that a "mutual infatuation" had developed between Field and Monroe, which caused concern among some in her inner circle, including her therapist, the files state.
"This situation caused considerable dismay among Miss Monroe's entourage and also among the (American Communist Group in Mexico)," the file states. It includes references to an interior decorator who worked with Monroe's analyst reporting her connection to Field to the doctor.
Field's autobiography devotes an entire chapter to Monroe's Mexico trip, "An Indian Summer Interlude." He mentions that he and his wife accompanied Monroe on shopping trips and meals and he only mentions politics once in a passage on their dinnertime conversations.
"She talked mostly about herself and some of the people who had been or still were important to her," Field wrote in "From Right to Left." ''She told us about her strong feelings for civil rights, for black equality, as well as her admiration for what was being done in China, her anger at red-baiting and McCarthyism and her hatred of (FBI director) J. Edgar Hoover."
Under Hoover's watch, the FBI kept tabs on the political and social lives of many celebrities, including Frank Sinatra, Charlie Chaplin and Monroe's ex-husband Arthur Miller. The bureau has also been involved in numerous investigations about crimes against celebrities, including threats against Elizabeth Taylor, an extortion case involving Clark Gable and more recently, trying to solve who killed rapper Notorious B.I.G.
Top Entertainment Photos
The AP had sought the removal of redactions from Monroe's FBI files earlier this year as part of a series of stories on the 50th anniversary of Monroe's death. The FBI had reported that it had transferred the files to a National Archives facility in Maryland, but archivists said the documents had not been received. A few months after requesting details on the transfer, the FBI released an updated version of the files that eliminate dozens of redactions.
For years, the files have intrigued investigators, biographers and those who don't believe Monroe's death at her Los Angeles area home was a suicide.
A 1982 investigation by the Los Angeles District Attorney's Office found no evidence of foul play after reviewing all available investigative records, but noted that the FBI files were "heavily censored."
That characterization intrigued the man who performed Monroe's autopsy, Dr. Thomas Noguchi. While the DA investigation concluded he conducted a thorough autopsy, Noguchi has conceded that no one will likely ever know all the details of Monroe's death. The FBI files and confidential interviews conducted with the actress' friends that have never been made public might help, he wrote in his 1983 memoir "Coroner."
"On the basis of my own involvement in the case, beginning with the autopsy, I would call Monroe's suicide 'very probable,'" Noguchi wrote. "But I also believe that until the complete FBI files are made public and the notes and interviews of the suicide panel released, controversy will continue to swirl around her death."
Monroe's file begins in 1955 and mostly focuses on her travels and associations, searching for signs of leftist views and possible ties to communism. One entry, which previously had been almost completely redacted, concerned intelligence that Monroe and other entertainers sought visas to visit Russia that year.
The file continues up until the months before her death, and also includes several news stories and references to Norman Mailer's biography of the actress, which focused on questions about whether Monroe was killed by the government.
For all the focus on Monroe's closeness to suspected communists, the bureau never found any proof she was a member of the party.
"Subject's views are very positively and concisely leftist; however, if she is being actively used by the Communist Party, it is not general knowledge among those working with the movement in Los Angeles," a July 1962 entry in Monroe's file states.
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