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Eyvind Earle – I wish
November 1, 2014 roxana waxArtists, Illustration
Eyvind Earle (April 26, 1916 – July 20, 2000) was an American artist, author and illustrator, noted for his contribution to the background illustration and styling of Disney animated films in the 1950s. The Metropolitan Museum of Art, New York, Rahr West Art Museum, Phoenix Art Museum and Arizona State University Art Museum have purchased Earle’s works for their permanent collections. His works have also been shown in many one-man exhibitions throughout the world.
Earle was born in New York, but his family moved to Hollywood in 1918. He began painting when he was 10 years old, and had his first solo show in France when he was 14.
Earle’s first New York exhibition was at the Charles Morgan Galleries in 1937. In an 1939 exhibition, the Metropolitan Museum of Art purchased one of his works for its permanent collection. His work at this time was realistic painting. In the 1940s he painted more than 800 Christmas card designs for the American Artist Group.
In 1951 he joined Disney as an assistant background painter and received credit for the experimental background painting in the Goofy short, For Whom the Bulls Toil. In 1953 he created the look of Toot, Whistle, Plunk and Boom, a short animated film which won an Academy Award and a Cannes Film Festival Award. He also worked on Peter Pan, Working for Peanuts, Pigs is Pigs, Paul Bunyan, and Lady and the Tramp. He was responsible for the styling, background, and colors for the high-acclaimed Sleeping Beauty. His artwork was the inspiration for the graphic style of Sony’s first computer animated film, Open Season.
Earle returned to full-time painting in 1966, producing watercolors, oils, sculptures, drawings, scratchboards, and limited-edition serigraphs. Much of this work was not exhibited in his lifetime.
In 1998, Earle was honored at the 26th Annie Awards with the Winsor McCay Award for a lifetime achievement in the art of animation.
Earle was critically acclaimed by such publications as Time, The Los Angeles Times, The New York Times, The New York World-Telegram, The Art News and The New York Sun.
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'Cotton Fields to Skyscrapers' Keeps Telling Charlotte's Story
Posted by Jarvis Holliday On 4/30/2011 3 comments
I always say that eight out of 10 people I meet in Charlotte aren't from here. I can't say that my 80 percent theory is scientific, but I'm sure you would agree that Charlotte has a lot of newcomers and transplants. I've lived here for almost six years now and because of the work I do I've gotten to know the city really well. But it's easy to get caught up in the present and future and not know much about a place's history. There's no better way to learn Charlotte's story than by visiting the Cotton Fields to Skyscrapers exhibit at Levine Museum of the New South. The award-winning exhibit that debuted in 2001 has just been renovated and updated to reflect the past decade.
Levine Museum tells the history of the New South, which is defined as the period from the end of the Civil War (1865) to today. Cotton Fields to Skyscrapers is its permanent exhibit, located on the first floor, so if you've ever visited the museum you've likely journeyed through it. It's a large exhibit that literally guides you through Charlotte's history from when cotton fields dominated the landscape in the late 1800s and early 1900s to how the economy changed that eventually led to the businesses that built the skyscrapers we see in Uptown today. Or as the museum folks say, it goes from "farm to factory to finance." And along the way, you experience cool artifacts and features such as equipment from a cotton mill, a replica of an old Belk department store, a lunch counter that tells the story of Civil Rights Movement-era sit-ins, the history of integrating schools, the plight of factory workers, how Duke Energy became the largest utility company in the country, and more.
Levine Museum has been celebrating its 20th anniversary since the beginning of the year, and things ramped up this week with an elaborate and festive gala, "Taste of Time," on Thursday that drew hundreds of people, including some of the city's most prominent figures. This week also saw the reopening of Cotton Fields to Skyscrapers, which underwent a three-month renovation. It now contains an additional 750 feet of gallery space, primarily comprised of the new end section, titled "Whirlwind of Growth, 1970s-2010s." In this section, which largely reflects the changes Charlotte has experienced since 2001, you see how the big banks got bigger--Bank of America and Wachovia--and how the latter was acquired by Wells Fargo. You also see how Charlotte has become one of the South's most diverse cities.
A replica of the Bank of America Corporate Center stands tall in Cotton Fields to Skyscrapers.
The exhibit also now features many new interactive components with touchscreen technology. There's the "Remix History" feature, where you can play with digital graphics on flatscreens to manipulate historic photos (it reminds of how the folks at CNN slide things around on their big screens when telling the news). There's also "Picture Yourself in History," where you sit in front of a green screen and have your picture taken to place yourself into an historic moment. The computer allows you to email the photo to yourself so you can have a keepsake (look for these to pop up on people's Facebook pages).
But before you get to all of the cool new stuff at the end of the exhibit, you get to experience a new 10-minute intro film. Sitting in the theater at the entrance to the exhibit, you can watch a video that I guarantee will tell you some stuff about Charlotte you never knew. But you'll likely recognize the names of the voices narrating the film--former Bank of America chief Hugh McColl, NASCAR pioneer Humpy Wheeler, and radio personality Ramona Holloway.
On Tuesday I attended a media tour for the reopening of Cotton Fields to Skyscrapers. Below is a few minutes of video I captured that showcases the new section at the end. Levine Museum historian Tom Hanchett points out some of the new features; then I wander off a little on my own.
You should make sure to check it out for yourself, which you can do tomorrow (Sunday, May 1) during the museum's 20th Anniversary Community Celebration. The free event takes place 12-5 p.m. and you'll be treated to exhibit tours, music and dance performances, multimedia art, photography, family activities, and birthday cake. Levine Museum of the New South, 200 E. Seventh St., 704-333-1887, www.museumofthenewsouth.org.
Welcome to Charlotte, Cam
Posted by Jarvis Holliday On 4/29/2011 No comments
This afternoon at a press conference at Bank of America Stadium, the Carolina Panthers formally introduced their number-one pick from yesterday's NFL Draft. Cam Newton has a lot of hype to live up to and just as many critics to silence. But for now, welcome to Charlotte.
Cam meeting the Panthers' other number-one draft pick, Adam Smith from the Make-A-Wish Foundation.
Two Free Seminars Tuesday: Presentation Skills; Using Twitter to Find Jobs
There are two separate seminars being presented free of charge tomorrow (Tuesday, April 26) that are offering tips and skills that can benefit you professionally.
Charlotte-Mecklenburg Schools' Parent University is holding a program on Effective Presentation Skills from 6:30 to 8 p.m. at Mallard Creek High School, 3825 Johnston Oehler Rd. Moira Quinn, senior vice president of communications for Charlotte Center City Partners, is presenting the program that is open to adults and high school students who want to learn more about how to make an effective presentation in public. Participants will receive tips and strategies on making presentations that are clear, concise, and engaging. Click here to register for the event. And visit www.cmsparentuniversity.org from more on Parent University.
Also taking place tomorrow is a seminar on Using Twitter In Your Job Search, 7-9 p.m. at St. John's Episcopal Church, 1623 Carmel Rd. The event is being hosted by the St. John’s Episcopal Church Job Hunters Support Group and will feature Rich Sauser, Gary Zukowski, and Conrad Leao. Sauser is founder of The Public You and has trained more than 1,000 people on how to use social networking sites to help build careers and land a new job. Zukowski is an expert in the area of recruiting and job sourcing, and is president of TweetMyJOBS and EasySoft Solutions. Leao is vice president for DATA Inc., where he oversees the direction of recruiting activities which includes social media marketing. Attendees will learn how to get started with Twitter and LinkedIn; how it works and who is using it; third-party tools and related websites; how to use Twitter and other tools in a job search; and a review of companies using Twitter and other social media sites for recruiting. Although this is a free event, seating is limited so a ticket is needed to attend. Go to tweet4jobs.eventsbot.com.
Five Days of South End Soul
Festival season has begun in Charlotte, and up next is one of my favorites. The South End Soul festival takes place this Tuesday, April 26 through Saturday, April 30, celebrating art, design, and innovation, and bringing together Charlotte's creative community. As South End has grown with residents and businesses--boutiques, art galleries and studios, restaurants, bars, etc.--so has this annual festival. This year it features more than 50 events over five days, including cooking demos, live music, design competitions, gallery crawls, lectures and how-to sessions, indoor and outdoor markets, wine and beer tastings, a fashion show, and more.
Here's a rundown of some of the festival's highlights. Visit the Find Your Center website for a full list of events, and also stay up to date on Facebook and Twitter.
Charlotte Seminar Series: Louis Foreman
The founder and CEO of Enventys and Everyday Edisons will talk about turning your creative spark into a business.11:30 a.m. $25 in advance or $30 at the door; includes lunch. Byron's South End.
Charlotte Social Media Breakfast
If social media is your communications tool of choice or if you want to learn more from some of Charlotte’s tweeting veterans, this is a great networking event for you. 7:30 a.m. $20; includes breakfast. Byron's South End.
Pecha Kucha Night Charlotte, Volume 8
Pecha Kucha was created in Tokyo in 2003 as an event for young designers to meet, network, and show their work in public. Over the last two and a half years, it's become a regular event in Charlotte. Doors open 7 p.m.; event starts 7:30 p.m. $5; cash bar. Amos' Southend. www.point8.org/pechakucha.
Design Your Life Festival (Friday and Saturday)
Learn how to design, remodel, and create a showplace in your own home. Visit the NARI Remodeling Show at Atherton Mill, as well as other studios and firms around The Design Center. 10 a.m.-8 p.m.
South End Gallery Crawl
Visit more than a dozen art galleries. 6-9 p.m.
No Grease! Barbershop Opens at Concord Mills
Twin brothers Damian and Jermaine Johnson continue to expand their No Grease, Inc. franchise. They're now running their fourth No Grease! Barbershop with a new location they opened at Concord Mills last week. The barbershop is located in Neighborhood 5 of the massive outlet mall that's home to more than 200 stores and is North Carolina's most visited tourist attraction with an estimated 17 million visitors a year.
No Grease! recently opened at Concord Mills.
This new location is another milestone for the Johnson brothers, who raised the bar when they opened the No Grease! Exclusive Barbershop at Time Warner Cable Arena in Uptown two years ago. It's become the barbershop of choice for several high-profile clients such as business executives and professional athletes. They've also operated the No Grease! School of Tonsorial Arts, a barber school in east Charlotte, for the last eight years.
I don't know of many other locally owned barbershop franchises in Charlotte so what these guys are doing is sort of uncharted territory, a mission they began when they opened their first shop in 1997 while in their early 20s. I've gotten to know them over the last three or four years and admire not only their business acumen--they head the Urban Business Network (urbanpreneurship.org)--but also how they give back to the community such as the Cuttin' Class Community Hair Cutting Day they hold a couple of times a year in which they give free hair cuts to school children.
Jermaine and Damian Johnson at one of their free community hair cutting days last year (and me in the mirror).
For more on the No Grease! Concord Mills barbershop visit www.nogrease.com or www.concordmills.com.
JCSU Breaks Ground on Mosaic Village
On Friday I attended Johnson C. Smith University's ground breaking ceremony for Mosaic Village, the university's ambitious project to help revitalize the northwest corridor along West Trade Street and Beatties Ford Road. Mosaic Village is planned as a mixed-use development that will include 300 student apartments, retail space, and a parking deck. It's being constructed at 1601 West Trade St., which is next to The Arts Factory, JCSU's first off-campus facility that opened last fall. The ground breaking for Mosaic Village was actually followed by an official ribbon cutting for The Ats Factory and attendees were given a tour. This was all part of JCSU's Founder's Week Celebration.
JCSU broke ground on Mosaic Village on Friday.
This project is the latest effort in JCSU President Dr. Ronald L. Carter's vision to lead his historically black university beyond its traditionally closed gates and to not only improve the community around it, but to also strengthen the school's connection to Charlotte as a whole. Carter says he'd like to see Mosaic Village opened in 14 months, but that won't come without challenges, including a $4 million funding gap that the university has asked the City of Charlotte to assist with.
Below is video I captured from Friday's ground breaking ceremony. There were a lot of people in attendance showing their support, including Mayor Anthony Foxx, City Councilman James Mitchell, Charlotte Center City Partners President Michael Smith, members of the Griffin family who own the land, and plenty of community and business leaders, alumni, and neighborhood residents. It's not often that you see such a variety of people coming together on this part of town.
Jocelyn Ellis' Music Video for 'One Step Closer'
Last night I attended the Music Video Release Party at Lux for Jocelyn Ellis' new single, "One Step Closer." It was a great turnout as Charlotte's creative community and music industry enthusiasts came out to support one of the city's rising stars.
I was impressed with the quality and creativity of the video, which was directed by Devin Johnson and J.E.'s manager Giovani Gonzalez. "One Step Closer," available on iTunes, is written by J.E. and produced by Benie Beatz--the two have been making some great music together--and is a dance/pop/Euro-infused song that further adds to the eclecticism J.E. is becoming known for. Check out the video below and visit www.jocelynellis.com for more details.
Michael Jordan, Charlie Sheen: Who's Really Winning?
Unless you don't have a TV or Internet access or have been avoiding public interaction, you know about Charlie Sheen's antics/meltdown of the last couple of months. And as people have been fascinated with watching Sheen's train wreck, one of the few things that was actually funny was his seemingly made-up-on-the-spot catchphrases, of which the most popular has been "winning." So when Charlotte Bobcats owner Michael Jordan said the word this week in response to an off-putting question about Sheen, "winning" took on even more connotations.
A scene from one of the Hanes TV commercials Michael Jordan and Charlie Sheen starred in together a couple of years ago.
The Charlotte Observer published a series of articles this week about the Bobcats and how their season went, which ended Wednesday night. Earlier that day, Jordan engaged in an hour-long Q&A with reporters and editors from the Observer. He doesn't grant a lot of interviews, but when he does he seems to make himself available in a way that says "ask me all your questions now because it'll be another few months before I talk to you again." While I give him credit for talking to local media more during this past year of him being the team's majority owner than he did the previous four years when he owned a small percentage of the team and ran basketball operations, I think he should grant even more interviews because he's usually candid in a way that fans appreciate and addresses the concerns they might have. Plus, when he talks, he lessens the need for the speculation that surrounds any team.
Here are links to a couple of the Observer stories that came out of their interview with Jordan:
"Boss says Bobcats can be a destination," by Tom Sorensen
"Committed to team? You bet. Cheap? NO," by Rick Bonnell
It's in the Sorensen piece that the writer reveals he asked Jordan about his relationship with Charlie Sheen. Here's how he described it:
Jordan is the equalizer. The Jordan brand fills the boardroom. Jordan is charismatic and glib and sounds committed. If he’s acting, he’s too good for a Hanes commercial with Charlie Sheen.
Speaking of which – the bond between Michael and Charlie in the Hanes commercial was more than acting. Human beings are not capable of such work. No, there was something real between them. It was exciting to watch, two performers at the top of their craft.
Michael, I ask, were you surprised by Charlie’s implosions and have you reached out to him?
“I, I, I mean I don’t even know how to respond to that one,” says Jordan. “I’ve had a lot of other things on my mind – winning. So my relationship with Charlie is not one where we communicate that way. I did a commercial with him two, three years ago.”
Jordan clearly doesn't want to be associated with Sheen at this point--I don't blame him. He seems to take it in jest though as Sorensen said Jordan laughed when furthering his response by saying: "I haven’t spent any time with Charlie. Don’t put me there."
But does Jordan realize that he said "winning"? Is he sure he didn't get that from Sheen? I wonder if he said it the way Sheen does. More importantly, Jordan needs to bring some "tiger blood" to the team this offseason in the form of an exciting free agent. After a season in which the Bobcats fired their head coach, traded away their best player, and finished with a terrible record, just one year after making the playoffs for the first time in team history and leading many to believe that things were turning around, Jordan has to get it right next season. Or he risks losing fans' interest forever.
So back to the Jordan-Sheen connection. I've posted two YouTube videos below. The first is of the Hanes commercial that ran for a couple of years, showing Sheen trying to become buds with Jordan, even tossing his phone into Jordan's car. The second video is that same commercial but parodied, as someone's replaced the audio with what they humorously assert as what Sheen would say if the commercial was filmed in 2011.
Wiz Khalifa's Bringing 'Rolling Papers World Tour' Concert to Charlotte with Big Sean
Charlotte's 2011 concert season keeps getting better. It's recently been announced that Wiz Khalifa is bringing his "Rolling Papers World Tour" to Charlotte on July 20 to Time Warner Cable Uptown Amphitheatre (the latest corporate-sponsored name for the amphitheater located at NC Music Factory). Tickets go on sale to the general public on April 20, as in 4/20, thanks to the Mary Jane-loving Wiz.
Wiz is certainly the hottest rapper to break onto the scene in the past year and a half, thanks largely to his monster hit/tribute to Pittsburgh, "Black and Yellow." He also built a large following before he attained mainstream success. The Taylor Gang, as his loyal fans are known, have been riding with him for a while due to his social media prowess, and the grind that keeps him traveling to perform in cities large and small almost every night of the week. This tour, however, represents his growing star power since he'll be playing medium-size to large venues. Members of the Taylor Gang Fan Club are able to buy pre-sale concert tickets beginning tomorrow.
I can't say I've jumped on the Wiz Khalifa bandwagon just yet (it doesn't matter--Amber Rose did). I like some of his songs, but it hasn't propelled me to download any of his mixtapes or buy his album. Once I'm a fan of an artist, I buy every CD he/she puts out (which is sadly becoming fewer and farther between).
I am excited about one of his guests on the tour, though: Big Sean. In case you aren't familiar, Big Sean is the G.O.O.D. Music (the record label run by Kanye West) artist that's bubbling now after years of hard work. His new single, "My Last" featuring Chris Brown, is currently one of my favorite songs (I've posted the video below). I respect his lyricism and the fresh air he's bringing to hip-hop. I'm anticipating that he'll have a breakout year this year.
The opening act for the tour is Chevy Woods, a fellow Pittsburgh rapper and member of Wiz's crew. I'm not that familiar with him though. This will actually be Wiz's third show in Charlotte in little more than a year. He performed at Amos' Southend last June, but that was before "Black and Yellow" catapulted him. And he was here just last month at Club 935 during the mass-load of events that were going on while the CIAA Tournament was in town. But as I mentioned earlier, this is pretty much Wiz's first real tour. And playing the high-as-a-kite character like he did at Amos and other similar-sized venues and nightclubs isn't going to translate well to the large stage at the amphitheater. He's going to need to show that he can command a stage that size.
Of the 27 dates announced for the tour, three are in the Carolinas: July 18 at House of Blues in North Myrtle Beach; July 20 at Time Warner Cable Uptown Amphitheatre here in Charlotte; and July 21 at White Oak Amphitheatre in Greensboro. For more details, visit www.wizkhalifa.com.
Third Time's the Charm: 'Grown People Talking' Celebrates Another Year
Grown People Talking turned three years old today. Unlike some milestones, it actually does feel like a significant amount of time has passed since I launched this blog on April 11, 2008. I guess it's because I've chronicled so many experiences, moments, and topics, which almost always pertain to Charlotte. And I've had a lot of fun doing it, which is why I believe I've continued to keep it going whereas I've seen plenty of other blogs come and go.
Over the past year, some things have changed however. Most significantly, in December I began writing a nightlife blog for Charlotte magazine called "Dusk Till Dawn". That's been so far so good as well, but because of it I don't blog on GPT as much as I have in the past and is why you don't find much about nightlife on here anymore. But when you add up the number of posts between the two sites, I'm probably blogging as much as ever. It's been nice to have a blog with a singular focus, which is what DTD allows me to do as I opine on Charlotte nightlife ranging from happy hour to late-night. If you haven't been reading it, you might want to if you're looking to navigate the party and social scene in this city. And here on GPT, I pretty much write about everything else related to Charlotte: sports, music, entertainment, arts, education, business, politics, philanthropy, community issues, and more.
From the beginning of GPT, I've blogged about what I want, when I want, which is the kind of creative control most creative people love to have. It's a great balance to my "day job" as a freelance writer when I'm writing stories that first begin as an idea I usually pitch to an editor, which he/she must first approve of before I proceed to write the story, that he/she then edits or asks me to revise. I respect the process, though, because it usually makes the story better, but sometimes it's just good to say what you want, how you want. And since day one, this blog has helped me become a better freelance writer, I think, because it keeps me plugged into the city and people I cover in between the articles that appear in monthly magazines.
But while there are some selfish reasons as to why I maintain Grown People Talking, there are also reasons I do it that I think others appreciate. I often get emails from readers who thank me for keeping them informed on what's going on in Charlotte and for adding my perspective. And I especially take pride in being able to write about a community event or nonprofit organization, and do a small part in helping spread their message and perhaps be the reason a few more people showed up to volunteer at an event.
GPT is getting more traffic than ever, so that's more motivation for me to continue it. Like I do each year, below I've listed the top-five blog posts that received the most page views during the past year. In parenthesis are the dates the articles were originally posted, and I measured the traffic from April 11, 2010 to April 10, 2011, which is for the last twelve months. So when you take that into consideration, it's remarkable that interest in Sonya Curry continues to lead the way after more than two years and that the Sun Drop post ranks so high after being up less than a month. According to Google Analytics, 45 percent of my traffic comes from search engines, and there are just certain topics and names that draw people to the site.
Two Things I Realized About Sonya Curry (February 13, 2009)
CIAA 2011 Parties and Events: The List (January 17, 2011)
Sun Drop Is Dropping It Like It's Hot in Funny Commercial (March 15, 2011)
Charlotte's Kendra James Is a 'Bad Girl' (December 2, 2009)
Facebook Campaign to Bring Jacinda Back to 'The Beat' (April 29, 2010)
Cheers to another great year as I celebrate this third birthday! And may the best be yet to come. Thank you for your continued support.
What Charlotte Would Look Like as a Port City
There's a Port Charlotte, the small coastal city in Florida. But what if our own Charlotte was a port city? If our growing Uptown skyline was laid against the ocean? This is what it would look like.
North Carolina Port Authority's new marketing campaign seeks to reinforce the economic value of the state's ports to even inland cities like Charlotte, Raleigh, and Asheville. What we get are cool renderings of what these cities would look like if they were on the water. Charlotte would rival cities like Miami. But for that to happen, every North Carolina town east of us, from Albemarle to Kinston, would have to fall off into the Atlantic Ocean. It's cool to look at though.
For more info, visit www.ourncports.com.
Eyes of the Elders Compete to Play Bonnaroo
Eyes of the Elders, the genre-blending rap/rock band from Charlotte, is currently competing in the Road to Roo online challenge. Two winning bands/artists will get to perform at the coveted Bonnaroo Music and Arts Festival this year.
Charlotte's rap/rock band, Eyes of the Elders.
Here's how the competition works. More than 450 bands and artists from around the country signed onto the Road to Roo. Fans have been voting for their favorite band for weeks, and the top eight will move on to the next round when online voting ends April 15. Voting is in the form of downloading the band's song (the download is a free mp3). At the time that I'm typing this, Eyes of the Elders is sitting in tenth place. That's impressive in itself, considering they've moved above more than 400 other acts. So now they need you to help them advance at least two more spots in the rankings.
The top eight artists will move on to be reviewed by Bonnaroo's music supervisors, and from there two will be selected to play Bonnaroo when the festival takes place June 9-12 in Manchester, Tennessee. These two bands will receive $1,000 and get their name on the lineup of artists scheduled to perform, which includes Eminem, Arcade Fire, Lil Wayne, Mumford & Sons, Alison Krauss, My Morning Jacket, Wiz Khalifa, Widespread Panic, The Black Keys, The Strokes, and dozens more.
Led by emcees Bearcat and Ricky Radar, Eyes of the Elders formed in Charlotte in 2004. Over the years, the group has evolved--lost and gained members--but since 2008, backing up Bearcat and Ricky Radar has been drummer Jacob Gresham, guitarist and vocalist Boss Jones, and bassist Jason Pentecost. Also known as EOE, they blend their Southern roots into rap and rock in a way that catches you off guard at first, but then you start to nod to the beat and realize the lyrics are quite clever and sometimes humorous. These dudes are more Southern (aka good ole boy) than what I typically encounter in this city of transplants. A couple of years ago they released a song titled "Spitcup," in which they compare spitting raps to chewing tobacco.
Now you can enjoy such songs as "A Powerful Thirst," which is featured on their page in the Road to Roo competition. And "American Man," as you can see in the music video below.
Click here to vote for Eyes of the Elders until April 15. And for more on the band, visit their website at www.eyesoftheelders.net or on Facebook at facebook.com/eyesoftheelders.
Style Week Charlotte Kicks Off
Style Week Charlotte begins today and runs through next Saturday, April 16, highlighting the Queen City's ever-growing style and fashion scene. Charlotte Style Magazine and its publisher Bridgette West have created this nine-day celebration, inviting several businesses and event planners to participate, and elevating it from what was typically a one-day event. For the past few years, the magazine has crowned the 25 Most Stylish People in Charlotte with both an issue of the publication and a signature event. This red carpet affair takes place tomorrow at Mercedes Benz of South Charlotte.
There are plenty more events going on over the next week. It all kicks off this evening with Say Red: Cocktails and Conversations, 7-9 p.m. at BluPrint Restaurant, a new restaurant located at 227 W. Trade St. (in the same building as Morton's Steakhouse). This networking social is sure to draw Charlotte's fashionable community and will feature complimentary appetizers and giveaways. Admission is free, however a suggested donation of $5 is requested to go towards supporting Team Red Pump-Charlotte for the May 7 AIDS Walk.
Other notable events on the Style Week Charlotte schedule include the Tailored Tuesday mixer on April 12 at Chima Brazilian Steakhouse; a Spring Fashion Crawl and Wine Tasting on April 14 at Morrison Place; then it all culminates with a big event, Passport For Fashion, on April 16 at Reelworks Movie Studio at NC Music Factory.
For more details, ticket prices, and the full schedule of events, go to www.styleweekcharlotte.com.
'Charlotte, Get Your Move On!' Friday and Saturday
"Charlotte, Get Your Move On!" is a youth-focused initiative dedicated to improving the overall health and quality of life for Charlotte adolescents by empowering them to make positive behavioral decisions. Led by Teen Health Connection, this Friday and Saturday, April 8 and 9, the organization is holding events for the community.
Friday's event is a Community Performance taking place 7:30 p.m. at Elevation at Blakeney (8835 Blakeney Professional Drive). The entire family is welcome to attend this event, which features a performance by InnerACTIONS, a teen educational outreach project from California that uses a blend of film and live performances to deliver positive messages and thought-provoking ideas about the pressures youth face today. Not only will you see the InnerACTIONS crew perform hip-hop dance, skits, and live music, but the event will also feature Charlotte-area youth dancers. Admission to this event is free, and it should be noted that mature themes will be presented (suicide, alcohol/drug use, and bullying) so it may not be appropriate for young children.
Click on flyer for larger view.
On Saturday, CGYMO presents a Youth Conference from 9 a.m. to 3 p.m. at Northwest School of the Arts (1415 Beatties Ford Road). The conference will focus on "Prevention Thru Inspiration," and will feature a performance by InnerACTIONS. There will also be breakout sessions with professionals in fields such as music, fashion, journalism, auto mechanics, web design, photography, horticulture, and more. The goal of the sessions is to help attendees discover and explore inner passions, including youth leadership. The conference is free to all teens, but pre-registration is required (click here). Lunch as well as T-shirts and goodie bags will be provided.
For more details on Charlotte, Get Your Move On! and the upcoming events, visit www.teenhealthconnection.org.
Below is a video clip of InnerACTIONS performing.
CIAA Tournament Drew Record Crowd in 2011; What Needs to Happen Next
I pretty much assumed this long before the official numbers were released today: last month's CIAA Tournament drew a colossal crowd. The Charlotte Regional Visitors Authority said today that it estimates attendance for official 2011 CIAA Tournament events exceeded 190,000 and provided an economic impact of $44.3 million to the local economy, a 19 percent increase from last year. Both numbers are records for the tournament, which took place February 28 through March 5. It's been held annually in Charlotte since 2006 and is contracted to be here through 2014.
The CRVA stated the attendance figures for "official" CIAA events, which primarily includes the six days of basketball games at Time Warner Cable Arena and the Fan Experience the CIAA puts on for three days at Charlotte Convention Center. But anyone who's ever visited Charlotte that last week in February/first week in March knows it's also the hundreds of unofficial events held during CIAA Week that draw large crowds--the parties, concerts, comedy shows, mixers, etc. In fact, the head of MAZ Entertainment, one of Charlotte's largest party promoters who holds several events during CIAA each year, posted the photo you see below to his Facebook page over the weekend. Thousands of people attended this party they threw at Founders Hall in Uptown on March 5. My guess is this was probably the largest party of CIAA Week, but there were literally hundreds more going on at bars, nightclubs, and hotel ballrooms.
MAZ's Founders Hall Finale was one of the largest parties during CIAA Week.
It's impossible to accurately count how many people actually visited Charlotte during CIAA Week. Even the CRVA's figures don't exclude duplications, meaning if you attended an official CIAA event on Thursday and Friday you would've been counted twice as a visitor. But that's fine because they don't have methods of including all the people who came to Charlotte that week just to go to parties. So the most important figure is the $44.3 million, which represents the money spent at Charlotte hotels, restaurants, and other businesses that week. This has become the economic boon the Queen City looks forward to each winter, which is typically a slow tourist season here. That money adds to tax revenue and helps create and sustain jobs.
As the CIAA Tournament continues to grow, as it has done each year in Charlotte, conference officials need to make more strides to draw visitors to official events, particularly the basketball games. There were dozens of games played over six days at the arena between the men and women's teams from the CIAA's 13 colleges and universities. Attendance at many of these games was meek, especially in comparison to the kind of crowds that were turning out for parties and concerts taking place at other venues. CIAA schools have enrollments that range from 750 to 7,000 students, so its tournament games will never draw the kind of attendance that the ACC Tournament, with its large schools, does. But CIAA officials can do a better job of selling the CIAA experience at its games and events, which differs from larger sports conferences.
Lady Cats Compete in 2011 NBA Dance Team Contest
While the Charlotte Bobcats attempt a late-season push to make the NBA playoffs, the beautiful ladies who cheer them on are gearing up for competition as well. The Lady Cats are competing in the annual NBA Dance Team Contest, which begins Monday, April 4. They won the title last year, so this will be the first time they're entering as defending champions. The Lady Cats are a favorite again this go-round, as are the Heat Dancers of Miami, who've won the competition several times. But we're taking our talents to Trade Street!
Click here beginning Monday at 2 p.m. to vote for the Lady Cats, where you'll also see video of them performing a burlesque dance.
For some reason, just now the video for Drake's "Best I Ever Had" came to mind.
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CTV London
London police are urging people to remove valuables from their vehicles after a spike in break-ins at Springbank Park.
According to police there were 20 reported vehicle break-ins in June alone in the park’s various lots.
And since the beginning of the year there have been a total 49 break-ins. That’s an increase of more than 300 per cent over the same period last year.
In 2018 the total number of vehicle break-ins at Springbank for the entire year was just 16.
Tara Piper tells CTV News there were eight vehicles in total that were robbed on Thursday afternoon, including hers.
"My youngest son is only five and he's devastated...He cried the whole afternoon. He couldn't believe that somebody was in our van. You know it's just an invasion of your privacy...just knowing somebody smashed glass into his carseat and all over his clothes and his soccer ball was in there like, it's heartbreaking."
Though only a small amount of change was taken, replacing the minivan's window is likely to cost hundreds of dollars.
Police are reminding the public to keep valuables out of plain sight, or better yet, remove them all together.
CTV News London
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Operations at Canada's only operating underground coal mine have been suspended due to another roof collapse, this time in the entrance tunnel to the Cape Breton colliery.
Nova Scotia's Labour Department said Monday that inspectors have been sent to the mine to look at the extent of the rock fall that occurred over the weekend, when no workers were in the area.
Scott Nauss, the province's senior director of inspection compliance, says there were no injuries in the incident, which comes after a series of roof collapses last year in working areas of the Donkin mine.
Kameron Coal's operations in Cape Breton were suspended for just under a month in late December before the company was allowed to partially resume activities in one portion of the mine while it prepared a revised roof support plan.
The roof plan approved on May 7 allowed the company to mine in two sections of the Donkin mine totalling 730 metres of added rock face.
In late May, there was also a temporary closure of the mine after a small methane fire broke out and was rapidly extinguished along one rock face.
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July 21, 2014 Solar panels Like
How Do Solar Panels Work
Get Instant Estimates
Origins of Solar Panels
The effect of producing electricity by capturing solar radiation is called photoelectric effect. The first one that discovered that certain materials can produce a small electric current was the French physicist Edmund Bequerel. Solar Panels initially were very expensive and were only used for space crafts. However, as later the technology improved and solar panels became smaller and cheaper, they were also suitable for domestic use.
What Is A Solar Cell?
Solar cells are small devices able to capture sunlight and turn it into electricity. A single cell cannot produce enough electricity but when many are connected together and fixed in a frame, they can produce more electrical energy. Several panels connected together create a solar array.
The Photoelectric Effect
Solar thermal panels or Photovoltaic Solar Panels convert light directly into electrical energy. As the name suggests, Photovoltaic has to with Photo, which means light and voltaic which has to do with electricity.
How Do Roof Solar Panels Work
PV solar panels are made from cells that contain liquid that heats up when it absorbs solar radiation. The cells are mounted together in panels or modules that can be placed on the roof. The energy produced by each cell is measured in kilowatts peak (kWp), which is the energy that can be generated by each cell at peak performance in a fully sunny day during the summer. Solar PV panels are available from different manufactureurs in a variety of shapes and types.
Pros of Solar Thermal
As solar panels gather energy from the sun, the only expenses are these of the initial installation and maintenance.
With solar panels you can reduce your energy bills significantly as you get to rely less on gas and electricity.
A key benefit is that they are environmental friendly as they have fewer emissions. This is also why they are favoured by the Government.
Cons of Solar Thermal
Solar thermal energy relies on the sun so it will not be sufficient for the whole year. You will also need a boiler or an immersion-heater to ensure that you have water through the winter.
Even though the installation cost is high, over the last couple of years the cost has dropped significantly. According to Energy Saving Trust the installation costs around £5,000, while the price of the system varies depending on the size.
Do Solar Panels Work In the UK
If you are considering installing solar panels and you are puzzled about whether it worth the investment or not, you should definitely move on with your decision. Despite the weather not being very sunny in the United Kingdom, solar panels still get to their magic as they rely mostly on light, which can be found even at a cloudy day. Of course, the more light there is the more energy they produce. Also, please keep in mind that PV solar panels use light to produce electricity, not heat.
Even though Britain is not as sunny as Spain, Greece or Africa, the southern part of the UK receives the same amount of sunlight as Germany, which is known for investing heavily in solar power. So far 450.000 households have installed solar panels in the UK. Also, the government introduced the feed-in traffic in 2010 in order to encourage solar power.
image credit: gogreena.co.uk, solarpanelscostuk.org.uk
Average cost of solar panel in the UK
Tips and helping guide About the Feed-In Tariff
Compare the Cheapest Solar Panel Prices
Solar Panels and which is the best choice for your property
Solar Panels Grants,Solar Heating Panels Grants Advice
photovoltaic effect, PV, solar cell, Solar panels
Solar panels How Do Solar Panels Work
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Global faith leaders urge action over 'ignored millions' displaced by conflict
A letter to the Guardian from 57 religious leaders calls on states at the UN general assembly to support protection plan for people forced from home
More than 50 faith leaders around the world are calling on the international community to step up protection for people displaced from their homes by violence, conflict and disasters.
In a letter to the Guardian, Christian, Islamic and Jewish leaders have urged governments attending the UN general assembly in New York next week to support a plan of action to prevent the forcible displacement of people and strengthen the protection of those who become refugees in their own country. Read the letter here https://www.theguardian.com/world/2018/sep/19/all-those-who-are-displaced-by-crisis-and-conflict-need-help-and-protection
The 57 signatories include Paul Butler, Anglican bishop of Durham; John Davies, archbishop of Wales; Susan Brown, moderator of the Church of Scotland; Naser Haghamed, chief executive of Islamic Relief Worldwide; Harun Khan, secretary general of the Muslim Council of Britain; and Paul Anticoni, chief executive of World Jewish Relief.
read on https://www.theguardian.com/global-development/2018/sep/19/global-faith-leaders-urge-action-over-ignored-millions-displaced-by-conflict
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Mooney M20C, registered to Nelson Flying Service and operated by the pilot, N113TA: Fatal accident occurred November 26, 2018 near Santa Fe Municipal Airport (KSAF), New Mexico
The National Transportation Safety Board traveled to the scene of this accident.
Additional Participating Entities:
Federal Aviation Administration / Flight Standards District Office; Albuquerque, New Mexico
Lycoming Engines; Williamsport, Pennsylvania
Aviation Accident Preliminary Report - National Transportation Safety Board: https://app.ntsb.gov/pdf
https://registry.faa.gov/N113TA
Location: Santa Fe, NM
Accident Number: CEN19FA032
Date & Time: 11/26/2018, 1950 MST
Registration: N113TA
Aircraft: Mooney M20C
Injuries: 1 Fatal
Flight Conducted Under: Part 91: General Aviation - Positioning
On November 26, 2018, about 1950 mountain standard time, a Mooney M20C airplane, N113TA, impacted terrain about 1/3-mile south of the Santa Fe Municipal Airport (SAF), Santa Fe, New Mexico. The pilot was fatally injured. The airplane was destroyed by impact forces and a post-impact fire. The airplane was registered to Nelson Flying Service and operated by the pilot as a Title 14 Code of Federal Regulations Part 91 positioning flight. Night visual meteorological conditions prevailed. The flight was not operated on flight plan. The flight originated from the Phoenix Goodyear Airport (GYR), Goodyear, Arizona about 1500 and was destined for the Colorado Plains Airport (AKO), Akron, Colorado.
A friend reported that the pilot had recently purchased the airplane and was planning to relocate it to AKO in order to have an annual inspection completed.
Employees of the Lux Air Jet Center at GYR reported that the pilot had completed some maintenance on the airplane during the preceding few weeks. However, they had not provided any maintenance services to the pilot and, to their knowledge, there had been no other third-party maintenance work done on the airplane. The airplane was fueled about one month before the accident flight at the request of the pilot.
A witness stated that he observed the airplane twice shortly before the accident. Initially, he heard the airplane but did not see it. He was only able to locate it from the ambient lighting surrounding the airport because there were "no lights whatsoever on the airplane." The airplane appeared to be on an "abbreviated" left downwind for runway 20 at SAF. In both instances, the airplane turned and crossed over the approach end of the runway before he lost sight of it. His perception was that the pilot was not trying to land at that time, rather he may have been trying to attract the attention of the tower controller. The airplane appeared to be in a "clean" configuration, with the landing gear and wing flaps retracted. The engine sounded as if it was at a "medium" power setting and he did not suspect any issues with the engine. Shortly after losing sight of the airplane the second time, he heard sirens related to the emergency response to the accident.
The airplane impacted a shallow ravine south of the airport. The fuselage and empennage were consumed by a post-impact fire. The wings were located in position relative to the fuselage and exhibited leading-edge crushing damage along the entire span of both wings. The inboard portions of the wings were damaged by the post-impact fire. The engine and propeller were located with the wreckage.
At 1953, the recorded weather conditions at SAF included a clear sky and wind from 360 degrees at 4 knots. Sunset occurred at 1652 on the day of the accident, with civil twilight ending at 1719. The moon set at 1015 and did not rise again until 2034.
Aircraft and Owner/Operator Information
Aircraft Make: Mooney
Model/Series: M20C No Series
Aircraft Category: Airplane
Amateur Built: No
Operator: Nelson Flying Service Inc.
Operating Certificate(s) Held: None
Meteorological Information and Flight Plan
Conditions at Accident Site: Visual Conditions
Condition of Light: Night
Observation Facility, Elevation: SAF, 6349 ft msl
Observation Time: 1953 MST
Distance from Accident Site: 1 Nautical Miles
Temperature/Dew Point: -1°C / -14°C
Lowest Cloud Condition: Clear
Wind Speed/Gusts, Direction: 4 knots / , 360°
Lowest Ceiling: None
Visibility: 10 Miles
Altimeter Setting: 30.23 inches Hg
Type of Flight Plan Filed: None
Departure Point: Goodyear, AZ (GYR)
Destination: Akron, CO (AKO)
Wreckage and Impact Information
Crew Injuries: 1 Fatal
Aircraft Damage: Destroyed
Passenger Injuries: N/A
Aircraft Fire: On-Ground
Ground Injuries: N/A
Aircraft Explosion: None
Total Injuries: 1 Fatal
Latitude, Longitude: 35.617222, -106.089444 (est)
Those who may have information that might be relevant to the National Transportation Safety Board investigation may contact them by email eyewitnessreport@ntsb.gov, and any friends and family who want to contact investigators about the accident should email assistance@ntsb.gov.
In 1985, Larry Nelson stands next to the Mooney he owned, which was similar to the plane he lost his life in, his daughter Catherine Nelson wrote in an email.
Larry Nelson holding his grandson, Wen, in October 2017.
The man who died in a fiery plane crash near Santa Fe Regional Airport on Monday night was an experienced pilot, an accountant and a grandfather, his daughter said Tuesday.
Larry Nelson, 73, of Wheat Ridge, Colorado, had been flying recreationally for around 40 years, his daughter, KC Nelson, said.
“He loved it; he did. He seemed to feel free in the air,” she said. “He would talk about being sick of being on the ground.”
On Monday, Nelson was making a trip from Arizona to Akron, Colorado, his daughter said, when she thinks he made an emergency diversion to the Santa Fe airport.
The National Transportation Safety Board is investigating the crash. Santa Fe police Lt. Matthew Champlin told The New Mexican on Monday that it appeared Nelson crashed just short of the runway. Area residents reported seeing flames, and a fire crew learned of the crash around 7:50 p.m.
Nelson’s plane, a single-engine Mooney M20C, was destroyed, according to a Federal Aviation Administration preliminary report. Nelson was the only person on board.
The pilot’s family suspects there might have been an issue with the plane, which Nelson had just recently purchased, or perhaps Nelson had a health issue. KC Nelson said her father recently had been having issues with his kidneys and had undergone dialysis.
Still, KC Nelson said, her father had made countless interstate flights and made his fair share of emergency landings.
“He would always say that a good pilot can get an airplane on the ground no matter what, as long as they kept themselves together and followed their checklist,” she said. “So we really think something bad might have happened with the airplane or with him.”
KC Nelson described her father as a jack-of-all-trades of sorts, who worked as an accountant, computer programmer and contractor, and was a certified flight instructor.
He was the kind of father who took his daughters up in his airplane on the Fourth of July so they could see the fireworks from the sky, KC Nelson said — the kind of man who wanted to fly behind KC as she made her own cross-country flight to make sure she got where she was going safely.
“He was a very safe pilot. Unless something was very wrong, he never would have crashed an airplane,” his daughter said. “He was extremely smart and funny, and a capable pilot. … We all miss him.”
Nelson leaves behind two daughters and a 23-month-old grandson.
Original article ➤ http://www.santafenewmexican.com
A Santa Fe police officer keeps watch over the scene of a plane crash near Santa Fe Municipal Airport.
SANTA FE, N.M. - The pilot who died when his plane crashed in Santa Fe Monday night has been identified as 73-year-old Larry Nelson of Wheat Ridge, Colorado.
Federal investigators are still looking into what caused the plane to crash.
The Mooney M20C aircraft went down near the Santa Fe Municipal Airport as it attempted to land just before 8 p.m.
Officials said the Nelson was the only occupant of the plane and was not in contact with air traffic controllers prior to the crash.
Gabriel Jaramillo, who lives near the crash site, said his fiancee called 911 after they witnessed the plane go down.
"I ran down there see if there's anything I can do, started yelling out to see if anybody was alright. I didn't get any answers," Jaramillo said. "There were still explosions going on while I was down there."
Officials with the Federal Aviation Administration said Nelson did not file a flight plan with the control tower.
According to the Federal Aviation Administration, the plane was registered to Nelson Flying Service Incorporate, which is based in Aurora, Colorado.
Story and video ➤ https://www.kob.com
Posted by Kathryn on Tuesday, November 27, 2018
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What is the job of a storyteller?
Categories: Writing Advice | December 10th, 2011
Tags: brian mcdonald, fiction writing, Storytelling, theme
This week I’m so pleased to have a guest blog from Brian McDonald. You can hear more from Brian at his blog and website.
Brian McDonald
Brian McDonald is an award-winning writer/director/producer who has worked in film, television and comic books and as a story consultant for both Pixar and Disney Feature Animation Studios. His award-winning short film White Face was sold to HBO and Cinemax and is used in corporations nation-wide as a diversity-training tool. He scripted Abe Sapien: Drums of the Dead, the first Hellboy spin-off comic book, as well as Lost in Space and Predator – Strange Roux for Dark Horse Comics. He is also a teacher of story construction and the author of several books on the subject: Invisible Ink, The Golden Theme, Freeman and the forthcoming book Ink Spots.
Notice that in the title for this piece, I said storyteller rather than writer. That is because it is my belief that we use the wrong verb to describe what we do. Because we use the same word – writing – to describe both the physical action and the mental process, we are often confused about what our jobs are.
Many of us take our job to mean wordsmithing – the carefully crafted order and poetry of the words themselves. When people speak of “good writing” this is often what they mean.
But what about those who crafted stories before the written word? We know that stories existed long before anyone learned to write them down. We know that those cultures that were late in adopting written language had a long tradition of storytelling. Would you call people with no concept of writing “writers”?
In relatively recent times, silent movies made use of visual communication – early filmmakers told stories with pictures. Even today some storytellers who work in the medium of comic books sometimes discard words from their panels. On the subject of silent films, many of them were made up on the spot – Charlie Chaplin worked this way. Was he a writer? I would call him a storyteller.
Okay, so what, you may ask. Writer, storyteller, what’s the difference? The difference is that calling yourself a writer does not tell you what to do; calling yourself a storyteller gives you a direction – a mission.
I meet people everyday who are writers but don’t know what to write. They write pages upon pages of beautiful sentences about colorful characters. Or they write descriptions of exotic places. And they may do these things masterfully. Yet somehow they can never finish that novel or screenplay or whatever. Or, if they do finish, the material just lies flat somehow – it fails to move readers (or agents or publishers). Why? No story.
As a child I was interested in storytelling, but was a poor speller. What I found out was that teachers cared very little about the content of my writing, but a great deal about my misspellings. I became very familiar with red pen markings on my papers. I could have written, “It was the best of tymes it was the wusrt of tymes…” And out the red pen would have come with no mention at all of the content.
What I did not know was that I was dyslexic. In those days I was seen, at best, as “not applying myself.” At worst, and most often, I was understood as just not being very bright. The students who could spell were the golden children. It did not matter that they had no knack for telling interesting stories.
James L. Brooks, winner of 9 Emmys, who created the classic Mary Tyler Moore Show, Taxi, and others, is a terrible speller. The late Stephen J. Cannell, creator of more than 40 shows including the hit The Rockford Files, author of several best-selling novels, had terrible dyslexia.
I could mention more writers with such cognitive issues, but my point is that these guys were much better storytellers than spellers or wordsmiths. Storytelling is a noble craft that has been with us since before we had an alphabet. We should embrace it.
Now the world seems populated by folks who can “write well” but were never taught the first thing about how to tell a story. In fact, plot and storytelling are often seen as a lesser form of writing. Those writers who sell millions of books are often called bad writers by the wordsmiths. But what these best-selling people are often good at is getting folks to turn pages, or tune into their television shows, or buy movie tickets.
Often when I ask students or other writers to define for me what a story is they have no definition at all. They sometimes fumble for one, since they have never been asked to think about it. But if you don’t know what a story is how can you set down to write one?
A story is the telling of a series of connected events leading to a conclusion.
The Golden Theme: How to Make Writing Appeal to the Highest Common Denominator
So? But that simple sentence tells you what to do. It says that your story must have a reason to be told – a theme. That’s what the conclusion is. In its most simple form, it is the moral of an Aesop fable. Every piece of the story is leading to that conclusion. All elements are there to support the author’s point.
This may sound elementary, but most people who call themselves writers act as if they do not know this. They try to put their colorful characters into interesting situations in the hope that a story will emerge. If that doesn’t happen, the manuscripts sits in a drawer or hard drive, unfinished and abandoned.
Why is having a point or theme important? Because only when you have something to say do people bother to listen.
In my book The Golden Theme I explore the idea of why human beings tell stories. Why does every culture on earth tell stories? Because stories teach us to survive. This is why stories need conflict – because conflict is what we need to learn how to survive. No one needs to learn how to survive the good times.
Survival can take many forms. It can mean actual physical survival: This is why people went in droves to see 127 Hours — a film about a young man trapped alone for days under rock and how he eventually severed his arm to escape.
But stories can turn on cultural or spiritual or emotional survival: Stories can tell us how to find love. We need stories to live. I don’t mean this in an artsy way. I mean in a practical way. We could not live without stories.
You are a storyteller. This is a noble and important job – treat it as such. Know what stores are and know what you want to say. If you are a wordsmith, all the better. It will only help. But be a storyteller first.
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MainAll NewsMiddle EastU.S. intelligence: Assad kept some of his chemical weapons
U.S. intelligence: Assad kept some of his chemical weapons
U.S. intelligence agencies suspect Syrian President kept chemical weapons he agreed to surrender in 2013.
UN vehicle transporting a team of chemical experts
U.S. intelligence agencies suspect that Syrian President Bashar Al-Assad kept some of the chemical weapons or components that he agreed to surrender under a 2013 U.S.-Russian deal, an intelligence official told Reuters on Thursday.
"We have never taken the Assad regime at its word that it declared its entire chemical weapons stockpile," said the U.S. intelligence official, who spoke on condition of anonymity.
"Assad has repeatedly shown that he is willing to use whatever chemical weapons he has retained or reconstituted to attack and terrorize his own people," the official added.
Under the 2013 deal, Syria agreed to hand over its chemical stockpile to the Organization for the Prohibition of Chemical Weapons (OPCW) for destruction.
Last January, the OPCW said that Syria's declared chemical weapons arsenal has been completely destroyed, but even since that time, the global body has determined that chemical weapons have been "systematically and repeatedly" used as a weapon in Syria.
Officials believe sarin gas was used in this week's chemical weapons attack on the Idlib province.
The OPCW had in the past voiced "grave concern" at the continued use of toxic arms in Syria, calling for those behind such attacks to be held accountable.
Syria has denied ever using chemical weapons in the civil war, and it argues that claims otherwise or only meant to " serve political agendas".
Tags:Syria, Bashar Al-Assad, Syrian civil war, Syrian chemical weapons
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Italy On This Day
Visit Italy On This Day to discover things that happened today in Italian history, from famous Italians who were born or died on this day to moments that helped shape Italy's life and culture.
At Italy On This Day you will read about events and festivals, about important moments in history, and about the people who have made Italy the country it is today, and where they came from. Italy is a country rich in art and music, fashion and design, food and wine, sporting achievement and political diversity. Italy On This Day provides fascinating insights to help you enjoy it all the more.
Carlo Camillo Di Rudio - soldier
Italian aristocrat who survived Battle of the Little Bighorn
Carlo Camillo Di Rudio spent 32 years
in the United States Army
Carlo Camillo Di Rudio, a military officer who became known as Charles Camillus DeRudio and gave 32 years’ service to the United States Army in the late 19th century, was born in Belluno in northern Italy on this day in 1832.
Having arrived in New York City as an immigrant from England in 1860, he served as a volunteer in the American Civil War (1861-65) before joining the Regular Army in 1867 as a 2nd lieutenant in the 2nd Infantry, an appointment which was cancelled when he failed a medical. Undeterred, he was readmitted and joined the 7th Cavalry in 1869, eventually attaining the rank of Major.
He participated in the Battle of the Little Bighorn, in which the US Army suffered a defeat to the combined forces of Lakota, Northern Cheyenne, and Arapaho tribesmen. The battle was part of the Great Sioux Wars of 1876, fought for possession of the Black Hills in South Dakota, where gold had been found.
DeRudio was thrown from his horse as the American forces under Major Marcus Reno were driven back across the Little Bighorn River to regroup on the eastern side. He was left stranded on the western side and hid for 36 hours with a private, Thomas O’Neill. They were twice almost captured but eventually managed to cross the river to safety.
DeRudio had led an eventful life even before his experiences in the US military, during which he also took part in the Nez Perce War on 1877, another conflict with Native Americans.
A scene from the Battle of the Little Bighorn, as depicted
by the artist Charles Marion Russell
Born the son of Count and Countess Aquila di Rudio, he attended an Austrian military academy in Milan before leaving at the age of 15 to join the Italian patriots during 1848 uprising known as the Five Days of Milan. Later, he fought in Rome and Venice against the Austrians.
Soon afterwards, he tried to sail to America but was shipwrecked off Spain. By 1855, he was living in east London and had married Eliza, the 15-year-old daughter of a confectioner from Nottingham, with whom he eventually had six children.
In 1858 he took part in a failed attempt to assassinate the Emperor of France, Napoleon III, at the Paris Opera. The attempt, led by another Italian revolutionary, the Carbonari leader Felice Orsini, involved three bombs and killed eight people, wounding another 150, but missed its intended target.
Orsini and his co-conspirator, Giuseppe Pieri, were executed but DeRudio’s sentence was commuted to a life sentence to be served on Île Royale, a neighbour of Devil’s Island in the western Atlantic off French Guiana. But he and 12 others escaped from the island and landed in what was then British Guiana, more than 800km (500 miles) along the northern coast of South America.
From there he returned to England but his taste for action would not be contained and he emigrated to the United States, specifically to fight on the Union side in the Civil War. Once commissioned to serve in the Regular Army, he was never entirely trusted by his superiors, including the then Lieutenant Colonel George Armstrong Custer, who tended to disbelieve his accounts of his own military service career.
He retired on his 64th birthday and spent his final years in California, where he died in 1910 at the age of 78, while living in Pasadena.
Belluno sits in the shadow of the Dolomites
Travel tip:
Belluno, where DeRudio was born, is a beautiful town in the Dolomites, situated just over 100km (62 miles) north of Venice. The town sits in an elevated position above the Piave river surrounded by rocky slopes and dense woods that make for an outstanding scenic background. The architecture of the historic centre has echoes of the town's Roman and medieval past. Around the picturesque Piazza Duomo can be found several fine buildings, such as the Palazzo dei Rettori, the Cathedral of Belluno and Palazzo dei Giuristi, which contains the Civic Museum.
The Scuola Militare "Teulie" is in Corso Italia in Milan
The military academy in Milan attended by DeRudio is known today as the Scuola Militare "Teulié", a highly selective institution attached to the Italian Army and, having been founded in 1802, one of the oldest military academies in the world. It was closed by the Austrians in 1848 after the cadets, of which DeRudio was one, took part in the Five Days of Milan, the uprising against the Austrians. It became a military hospital. During the early part of the 20th century it was a military barracks, becoming the headquarters of the III Corps of the Italian Army, before reverting to its former status as a military academy in 1996.
How the citizens of Milan rose up to throw out the Austrians
The story of fighter pilot Silvio Scaroni
The pope from Belluno who was in office just 33 days
Also on this day:
303: The martyrdom of Sant'Alessandro of Bergamo
1498: Michelangelo accepts the commission to sculpt his masterpiece, La Pietà
Posted by The Editor: Italy On This Day at 06:00
Labels: 1832, Army, Battle of the Little Bighorn, Belluno, Carlo Camillo Di Rudio, Charles DeRudio, Felice Orsini, Five Days of Milan, Giuseppe Pieri, Military, Orsini, United States, US Army
THE SHOOTING IN SORRENTO
The Shooting in Sorrento, a new crime novel set in the southern Italy resort, is now available from Amazon.
It is the second Butler and Bartorelli mystery by Val Culley, following Death in the High City, which was set in Bergamo in Lombardy.
The book - written for readers who prefer the 'cosy crime' genre - features journalist Kate Butler and her partner, Steve Bartorelli, who is a retired Detective Chief Inspector.
They are in Sorrento for the wedding of the daughter of one of Steve’s Italian cousins.
When tragedy strikes an English family staying at their hotel, Kate feels she has to help.
She joins forces with another visitor to Sorrento to investigate after it becomes clear the Italian police aren’t looking further than the English family.
The Shooting in Sorrento is available on Amazon Kindle or as a paperback.
The founding of the Carabinieri
Italy’s stylish ‘First Force’ Carabinieri officers still wear elaborate dress uniform The Carabinieri Corps was created on this day...
Carlo Ubbiali - motorcycle world champion
Racer from Bergamo won nine GP titles Carlo Ubbiali, who preceded Giacomo Agostini and Valentino Rossi as Italy’s first great motor...
Giovanni Buitoni - entrepreneur
Turned family business into multinational company Giovanni Buitoni took over the running of the family business when he was just 18 ...
Simonetta Stefanelli – actress
Godfather star now designs bags and shoes Simonetta Stefanelli, in a scene from Dino Risi's 1971 movie, In the Name of the Italian...
Elena Cornaro Piscopia – philosopher
First woman to graduate from a university An 18th century portrait of Elena Cornaro Piscopia, which is owned by Biblioteca Ambrosian...
BEST OF ITALY HOTELS
A selection of recommended hotels in Italy. Click on the picture to visit the site.
BEST OF BERGAMO
Tips and advice for visitors to this lovely Italian city. Click on the picture to visit the site.
BEST OF SORRENTO
Tips and advice for visitors to this popular Italian resort. Click on the picture to visit the site.
BEST OF PADOVA
What to see in this charming city in the Veneto. Click on the picture to visit the site.
All facts given on this website have been carefully researched and are published by the Italy On This Day Editor in good faith. All travel advice, hotel and restaurant recommendations are based on information that has been checked and was correct at the time of writing.
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CRIME NOVEL SET IN ITALY
Death in the High City is a crime novel set in Bergamo, northern Italy.
The novel is the first in a series featuring detective duo Kate Butler, a freelance journalist, and Steve Bartorelli, a retired Detective Chief Inspector who is of Italian descent.
Death in the High City, believed to be the first crime novel in which Bergamo provides the backdrop, is available from Amazon in paperback and as a Kindle e-book.
Visit www.crimesceneitaly.com to find out more about crime novels set in Italy.
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Liberals and Liberalism
Why do the liberals rage?
http://www.jeffjacoby.com/8452/why-do-the-liberals-rage
President Barack Obama with Senate Minority Leader Mitch McConnell (R-Ky.) and incoming House Speaker John Boehner (R-Ohio). The president's compromise with Republicans on taxes has infuriated his fellow liberals.
LIBERALS AND DEMOCRATS have been melting down, blowing up, and freaking out over President Obama's agreement with Republican leaders to extend Bush-era tax rates for another two years. "An absolute disaster," fumes Vermont Senator Bernie Sanders in an interview on MSNBC. "Anger of House Dems boils over," Politico reports. "An Odious Tax Deal," editorializes The New York Times. "Moral corruptness," seethes Senator Mary Landrieu of Louisiana.
"No amount of lipstick," roars a headline at Democratic Underground, "can make this pig of a deal acceptable."
Why is the left so furious?
I realize, of course, that liberals were against the Bush tax cuts from the start. I know that Obama vowed time and again to let those tax cuts expire for households earning more than $250,000 a year. He made that pledge as a candidate for president, and he was still making it on the campaign trail this fall. "We are ready . . . to give tax cuts to every American making $250,000 or less," the president said in Cleveland on Sept. 8. "For any income over this amount, the tax rates would just go back to what they were under President Clinton."
But Obama swore to end plenty of other Bush policies that nevertheless remain intact. Why aren't Democrats in a blind rage over the tens of thousands of US troops still deployed in Iraq? Or his extension of the Patriot Act? Or the ongoing rendition of terror suspects to third countries for interrogation?
Roll Call reported last week that liberal activists angry about Obama's compromise on tax cuts "crashed two phone lines at the White House" and are planning to do the same to the Senate. Why have they never overloaded the White House switchboard with calls protesting the continued use of the presidential signing statements for which Bush was so sharply criticized? Or warrantless wiretapping? Or the fact that Guantanamo still hasn't been shut down?
Of all the ways in which "George W. Obama" (as a Village Voice headline dubbed him in January) has disappointed his ideological supporters, why is it the prospect of not raising taxes on the wealthy that drives them into such a frenzy?
After all, it isn't as though Obama's deal with the GOP singles out the rich for a windfall. It is simply an agreement not to single them out for a loss. And it isn't as though the affluent don't already shoulder an income-tax burden disproportionately higher than their share of the national income. In 2008, the top 1 percent of tax filers accounted for 20 percent of all income earned that year, yet they paid 38.0 percent of all federal individual income taxes. The top 5 percent -- anyone making $160,000 and up -- earned 35 percent of the nation's personal income, but paid 59 percent of the taxes. Federal income tax rates are progressive to a fault. So why are "progressives" spitting nails at the thought of leaving those rates where they are?
Senator Bernie Sanders (Ind-Vt.), a self-described democratic socialist, blasts the proposed tax deal as an "absolute disaster and an insult." Why is the left so apoplectic?
In an interview on Tuesday, NBC's Andrea Mitchell demanded to know how Senator Judd Gregg, a New Hampshire Republican, could "justify going along with a larger tax cut, for those who really don't need it." Gregg replied: "Well, my view is: It's their money."
That would be my view, too -- and the view of most Americans, who are not conditioned to equate wealth with dispossession, and have not been raised to resent the rich. It's their money. Congress doesn't have to "justify" letting them keep it; it has to justify taking more of it away. The premise of Mitchell's question -- that government has the strongest claim on money the affluent "really don't need" -- strikes most non-liberals as not just wrong, but pernicious.
To the left, the opposite is true. "We have so many people who can't see a fat man standing beside a thin one," Ronald Reagan, a recovered liberal, said in a famous speech , "without coming to the conclusion the fat man got that way by taking advantage of the thin one." As long as there are have-nots, therefore -- and there will always be have-nots -- it is pernicious for government not to confiscate more wealth from the haves.
This envy and resentment, which liberals think of as sensitivity and compassion, are at the very core of the liberal conception of good government. That is why "tax cuts for the rich" gets them so emotional and angry -- and it only deepens their outrage that most Americans don't think the way they do. Hence the Democrats' apoplexy. And hence their unbridled fury at Obama for agreeing to a compromise that a majority of voters seem to like.
Join the Fans of Jeff Jacoby on Facebook.
Related Topics: Barack Obama, Bernie Sanders, Democratic Party, Liberals and Liberalism, Taxes receive the latest by email: subscribe to jeff jacoby's free mailing list
The left's health-care rhetoric is unhinged
The rich pay their fair share in taxes — and then some
Condescension and comeuppance
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Jewish World Review Aug. 5, 2014 / 9 Menachem-Av, 5774
Amid current fights, the economy still matters most
By Byron York
http://www.JewishWorldReview.com | As a news story, the economy has been overshadowed lately by war abroad, a border crisis at home, and the escalating fight between President Obama and congressional Republicans on a variety of fronts.
But in the long run of presidential politics, the economy is still pretty much the only story that really matters, and, while there's been some good news in recent days, there are plenty of troubling indications that today's economic unhappiness will dominate our politics for years to come.
Yes, it's a good thing that the economy grew at an estimated rate of 4 percent in the second quarter of this year, even though it contracted at a rate of 2.1 percent in the first quarter.
And yes, it's a good thing that unemployment is now at 6.2 percent -- down from a high of 10 percent in October 2009 -- even though that reduction partly reflects the discouraged jobless who have left the workforce altogether.
But the bad news is really bad. The Russell Sage Foundation recently released a report showing that for households right in the middle of the American wealth distribution, net worth has declined from $87,992 in 2003 to $56,335 in 2013.
For households in the bottom quarter of the wealth distribution, net worth fell from $10,129 to $3,200 in the same period. And for those households in the lowest 5 percent, the last decade was about falling deeper into the hole; their net worth went from negative $9,749 to negative $27,416.
That kind of damage is not undone in a year, or two, or three. "Through at least 2013, there are very few signs of significant recovery from the losses in wealth experienced by American families during the Great Recession," the Sage Foundation study notes. "Declines in net worth from 2007 to 2009 were large, and the declines continued through 2013."
The damage extended beyond those Americans in the middle and below. Although net worth grew for households at the top of the wealth scale, for those in the 75th percentile -- well above the average -- the Sage Foundation found that net worth declined from $302,221 in 2003 to $260,405 in 2013.
Much of the loss for all groups came from a steep decline in home values, but job losses and the depletion of savings hit hard, too. And the net worth news comes on top of Census Bureau data showing that median household income fell from $55,030 in 2000 to $51,371 in 2012. So households not only had to get by with less income, they also felt less of the security that substantial savings and home values bring.
Barring some calamity like Sept. 11, how can our elections be about anything other than the hardships represented by those numbers?
"Economic anger is going to drive our politics for a long, long time," says Stuart Stevens, the political strategist whose candidate, Mitt Romney, struggled to reach disaffected voters. "The 2014 races are more regional and have a lot of different factors, but I can't imagine that the candidate who wins in 2016 won't be the one who best speaks to this."
The Democrats' answer has been a menu of expanded transfer programs. Obamacare is the largest, offering health premium subsidies to those lower on the income scale but burdening many in the middle who either earn too much for a subsidy or for whom cost increases outweigh any subsidy they might receive.
Then there are other transfers: skyrocketing numbers of Americans on disability, food stamps, the Earned Income Tax Credit and many more. The result, not an unhappy one for Democrats, is that more Americans are dependent on government than ever before.
Republicans are still searching for a response. Some remain wedded to the party's traditional tax-cutting agenda, but a group of conservative reformers believes there's little left to gain from further marginal income tax rate cuts, preferring instead a plan to increase the child tax credit. It's a promising proposal, but controversial -- a Wall Street Journal column called it "a capitulation to the left's inequality and middle-class talking points." Rep. Paul Ryan's new poverty agenda, unveiled last week, is also attracting criticism, although nothing quite so bracing.
Meanwhile, at least many Republicans have learned to say the right thing. One recent morning, with the border debate raging on Capitol Hill, Speaker John Boehner began a press conference, as he always does, with a vow to keep working to produce jobs and economic growth. Even as they fight the battles of the day, Republicans have to remember the big problem they must solve if they are to win in 2016 and beyond.
Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
Comment on Byron York's column by clicking here.
© 2009, NEA
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JPO Service Centre
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Tomi Lounio (2016-12)
SARC Stories
On International Day for Persons with Disabilities, a spotlight on Finnish JPO Tomi Lounio's work on Disability Rights in Africa
We caught up with Finnish JPO Tomi Lounio who recently joined the UNDP Regional Service Centre for Africa (RSCA) in Addis Ababa as a Programme Analyst for UNDP’s work on the human rights of persons with disabilities. Despite having just started a couple of months ago, Tomi has hit the ground running with his assignment: So far he has been deeply involved in establishment of the African Disability Forum and supporting UNDP’s ongoing role with the coordination of the UN Partnership to Promote the Rights of Persons with Disabilities (UNPRPD) in the Africa region. In light of the International Day for Persons with Disabilities on December 3rd, we asked Tomi to share his perspectives on UNDP’s work on the UNPRPD and how disability rights can be advanced under the framework of Agenda 2030 for Sustainable Development.
Finnish JPO Tomi Lounio (far left) with disability rights activists from Ghana
UNDP JPOSC: Hi Tomi. Thanks for meeting with us. Can you tell our readers a bit about your background? How did you get involved in disability rights advocacy work?
TL: On a personal level, disability rights is a topic that has always been of interest to me because I have a younger sister with Down Syndrome. Professionally, my experience with disability rights work goes back to 2005. In Finland, when you turn 18 years old you have the option to either do military or non-military service. I chose the latter and ended up taking a 13-month placement with the LYHTY Learning Unit and Workshops for Adults with Intellectual Disabilities. My role there was to support programmes for young adults with all types of intellectual disabilities. At the time this centre represented a bit of a paradigm shift for working with people with disabilities in Finland as it focused on creating a new spirit of social inclusion, which even in Finland was unique at the time because persons with intellectual disabilities in Finnish society were typically quite isolated. The programmes we offered encouraged creativity and self-expression and included everything from workshops on gardening to music classes. We have a few success stories: for example, LYHTY supported a group of musicians with intellectual disabilities to form a punk band called Pertti Kurikan Nimipäivät who ended being the Finnish representatives at the Eurovision Song Contest! In another case, one of our former young clients, Dimitri Baltzar is now running as a candidate in municipal elections.
UNDP JPOSC: That is so inspiring! So did you continue working in this area?
TL: Yes. I was initially trained as a football player and since then, I’ve been involved with the Finnish Sport Association of Persons with Disabilities where I worked part-time while I was studying for my MSc in Development Studies at the University of Helsinki. I also got the chance to work as a General Director of the Special Olympics European Football Tournament. I also managed an EU funded project which supported European Transplant Sport Week and Championships with transplant athletes from 24 countries.
UNDP JPOSC: And how did you eventually get involved with the UNDP JPO Programme?
TL: Initially, I heard about the JPO Programme while I was working as a project manager for LiiKe – Sport & Development, which focused on promoting physical education and health education in Tanzania. There was a JPO placement open with UNESCO, Tanzania. I was interested in continuing development work in Tanzania at the time. But when I applied for it, I didn’t get in. So when I heard about this JPO placement, it seemed like a very good fit and I decided to apply again. This time, I was successful.
Non-discrimination is a key principle mentioned in the UN Convention on the Rights of Persons with Disabilities
UNDP JPOSC: Your current role as a JPO seems like a perfect match considering your background and experiences. What have you been up to so far?
TL: I am a resource person for the UN Partnership on the Rights of Persons with Disabilities (UNPRPD). The UNPRPD has so far funded 5 projects focusing on disability rights in sub-Saharan Africa countries. In addition the Partnership has funded a regional initiative, managed by UNDP regional office in Addis Ababa, on the establishment of the African Disability Forum. As part of my work here I have been collaborating a lot with them recently.
UNDP JPOSC: And what role does the ADF play in promoting disability rights in Africa?
TL: The ADF is a regional umbrella organization for Africa whose members are African disability organizations from 32 countries. It is an important network for the disability rights work we do at UNDP as it provides links us directly to organizations on disability rights in the region. Many of these organizations are based on democratic principles and represent persons with disabilities living in their respective countries. so the network gives us a valuable perspective on disability rights issues in Africa. I just returned from Accra, Ghana where I attended the ADF’s BRIDGE Disability workshop. Most of the participants were human rights advocates with disabilities and came from 10 countries across Africa to receive training on the UN Convention on the Rights of Persons with Disabilities and the SDGs. This event was ground-breaking! The facilitators were very impressed – they said they’d never seen this level of participation and inclusivity before as so many nationalities and groups engaged. Basically, we had almost all the impairment groups in Africa that you can think of represented.
Liberian participants Henry Momo and Celio George presenting on the challenges persons with disabilities are facing in their native country.
UNDP JPOSC: That is quite impressive. Do you have any insights you can share on some of the challenges African countries might face in mainstreaming disability rights?
TL: It’s actually quite hard to make a generalization. Each country in the region that we work with faces unique circumstances and barriers and there are many different types of impairments. Having said that, we do know that gender is often one of the most neglected aspects of disability advocacy work in Africa. Typically, women with disabilities in many African countries are the most marginalized. Many projects, for instance, tend to focus on men with disabilities. Another challenge is getting accurate demographic data on persons with disabilities which can create many barriers to the the work we are doing. For example, adequate service provision without accurate figures is almost impossible.
UNDP JPOSC: So what role can the UNDP play in advancing the rights of persons with disabilities Africa?
TL: UNDP serves as a key link and facilitator between the important players in promoting disability rights. We have a very strong role in coordinating and facilitating cooperation between governments, disabled persons’ organizations, various UN agencies and other partners. In UNDP’s own programming, we follow a twin-track approach, which means that we have projects focusing solely on disability rights, but even more importantly we have to mainstream the human rights of persons with disabilities in to all of our programmes.
Since the SDGs are much more disability-sensitive than the MDGs were, disability-mainstreaming into UNDP’s projects has become more important than ever before. At the UNDP RSCA, we have regional experts and consultants who provide technical guidance to country offices in 45 countries across Africa and one of my roles is to make sure that we fully engage the disabled persons’ organizations and give them a platform to have their voices heard. At UNDP, we have a strong vision of an equal world without poverty and we respect our commitment to leave no one behind!
Maria Mordi is a vocal self-advocate with Down syndrome from Nigeria.
UNDP JPOSC: Any final thoughts and reflections on your assignment so far?
TL: I’ve been very happy with my assignment so far! At the RSCA, we get a vast variety of colleagues with different types of expertise and working background and mine is very unique here. Many of my closest colleagues here have a background in law for example, and I’m a social scientist with hands-on experience. I love the diversity and multicultural setting– we have people from around the world and I really cherish coming to work every day and learning from everyone.
Also, I think it’s important to not get stuck in an ivory tower, and I’ve been fortunate to have the opportunity to get out there and get in touch with disability organizations, meet their members as well as attend other events in Ethiopia.
So, I’m really happy because I’m working on issues I’m passionate about!
Finland Partner Country Page
Visit the African Disability Forum's new website (to be launched on Saturday, December 3, 2016)
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Follow the conversation on December 3rd for the International Day for Persons with Disabilities on Facebook @ADay4All and Twitter #adayforall
The JPO Service Centre administers the Junior Professional Officer (JPO) Programme and the Special Assistant to the UN Resident Coordinator (SARC) Programme.
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LAWS /
Sentenced to die, non-unanimously
Are death penalties in India being awarded under the most rigorous standards for trials in capital cases? Maybe not. Bikram Jeet Batra on India's current practice.
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Interact: Dealth penalty : yes/no?
01 July 2004 -
Despite the global shift away from the death penalty (see box), there remain a number of countries where the death penalty is retained. In view of the irreversible nature of the death penalty, trials in capital punishment cases must abide by international standards restricting the scope of the death penalty and ensure compliance with the most rigorous standards for a fair trial.
One such standard for a fair trial in capital cases could be a requirement of unanimity amongst judges or jury members on the question of guilt, or even on the issue of punishment. There appears to be a common law practice of commuting a death sentence to that of imprisonment when there is a non-unanimous death verdict. Still, countries differ on whether the accused should be given the benefit of doubt or whether the rule of the majority should prevail.
Consensus towards abolition
As of June 2004, a total of 118 countries (including Canada, Mexico, Australia, Russia, South American nations and most European nations) have abolished the death penalty in law or practice. Of these, 80 countries and territories have abolished the death penalty for all crimes, fifteen countries have abolished the death penalty for all but exceptional crimes (such as wartime crimes) and 23 countries can be considered abolitionist in practice, i.e., they retain the death penalty in law but have not carried out any executions for the past ten years or more and are believed to have a policy or established practice of not carrying out executions.
Though 78 countries retain and use the death penalty, the number of countries which actually execute prisoners in any one-year is much smaller.
One hundred twenty nations decided to establish a permanent International Criminal Court (which came into force in July 2002) to try individuals for the most serious offences of global concern, such as genocide, war crimes and crimes against humanity. Consistent with international human rights standards, the International Criminal Court cannot impose a death penalty but instead can award lengthy terms of imprisonment of up to thirty years or life when so justified by the gravity of the case.
Non-unanimous death sentence verdicts may thus flout the obligation of nations to ensure the most rigorous standards for fair trials in capital cases. This edition of Aawaaz examines non-unanimous death sentences globally and in India. It highlights the case of Devender Pal Singh Bhullar, who is facing imminent execution after being sentenced to death in a non-unanimous verdict, despite continuing concerns regarding the fairness of his trial.
Unanimity of Verdict: The Global Position
Given the abolition of the death penalty in Europe and a number of other nations including Canada, Australia and Mexico, the question of unanimity has been rendered superfluous in these states. A number of other states which continue to award the death sentence require a unanimous verdict by all judges. Even in countries of the Commonwealth that retain the jury system Malta, Ghana, Anguillas, Guyana and the Bahamas a unanimous verdict is essential for a death sentence. Indeed common law follows a strong tradition of commuting a death sentence to life in the case of a non-unanimous verdict.
Though the death penalty is imposed frequently in the United States of America, (more than 900 people have been executed since 1976 and 3500 more await a similar fate), the law is clearly in favour of unanimity. Criminal cases are tried by a twelve member jury and after the landmark judgment in Ring v. Arizona (536 US 584 (2002)), the jurors reserve the power to decide the sentence. No person may be awarded the death sentence except by the unanimous verdict of a twelve member jury (Ch.228, S.3593(e)3 Title 18, Part II US Code). This is the law in criminal as well as federal cases in all 38 states that have retained the death penalty.
In US Martial and Military Tribunal Courts, the Uniform Code of Military Justice notes that a death sentence can only be handed out with unanimity of opinion of a five member panel that tries the case. The panel must agree that no other sentence is more appropriate than death. In addition to such safeguards, the convening authority has the power to reduce but not increase the sentence and set aside a finding of guilt.
The Law Council of Australia has reported that even the Military Commissions set up to try Guantánamo Bay detainees will follow the same procedure and therefore can only unanimously impose the death penalty. Previously, even the Nuremberg and Tokyo war crimes tribunals set up after the Second World War have required unanimity.
(See Law Council of Australia)
In South Asia Nepal, Bhutan, Sri Lanka and the Maldives have abolished the death penalty either in law or practice. However Pakistan and Bangladesh retain the death penalty and follow the majority rule in awarding death sentences. In the Zulfiqar Ali Bhutto case in the Supreme Court of Pakistan in 1977, the seven-judge bench sentenced the former Prime Minister and former President, Mr. Bhutto to death by a majority verdict with four judges in favour of the death sentence.
Death Penalty and Unanimity: The Indian Position
India retains the death penalty through Article 21 of the Constitution of India which allows the State to deprive any person of the right to life provided that it is done by a procedure established by law. Section 53 of the Indian Penal Code (IPC) also lists death as one of the forms of punishment that may be imposed for an offence. However, such power is not arbitrary, and it must conform to prescribed substantive and procedural safeguards, pass the test of reasonableness, and be subject to judicial review. Furthermore this position is not static and has been constantly subject to change by legislative amendment and judicial interpretation.
The original Criminal Procedure Code (CrPC) of 1898 (S.367 [5]) provided death as the usual punishment for capital offences, requiring judges to provide justification in writing if they passed a sentence of life imprisonment instead. Death Penalty was believed to be the normal punishment and only under extenuating circumstances could life imprisonment be awarded (Rishideo Pandey v. State of U.P., AIR 1954 SC 706). In 1955, however, the 26th Amending Act removed this provision and the extent of punishment was left to the discretion of the court. There was a further shift away from neutrality, when in 1973, the Supreme Court upheld the constitutionality of the death penalty but established that capital punishment should be a narrow exception and not the rule (Jagmohan Singh v. State of U.P., (1973) 1 SCC 20).
In 1977, the Supreme Court further developed the principle establishing life imprisonment as the rule, and death penalty as the exception (Asgar v. State of U.P., AIR 1977 SC 2000). This stand was affirmed in 1980, when it was held that the death penalty should be awarded only in the rarest of rare cases (Bachan Singh v. State of Punjab, AIR 1980 SC 898).
Successive judges have continued to observe that death sentences should be awarded minimally. Thus the judge is required to justify the reasons and place on record the exceptional circumstances that compelled him/her to condemn a person to death. This approach is in agreement with Indias ratification of the United Nations International Covenant on Civil and Political Rights by which India has committed itself to a policy for the abolition of the death penalty, albeit gradually.
Where there are differing opinions of judges with respect to sentencing, S.392 of the CrPC (1973) provides that the rule of majority should be followed. It further states that if judges of a criminal court are equally divided in opinion, the case is to be laid down before another judge of the same court the decision of this judge becoming the final decision of the court.
In practice, courts have previously followed the prevalent common law custom of not imposing the death penalty when appellate judges agree on the question of guilt but differ on that of sentence unless there are compelling reasons (Kalawati and Another v. State of H.P. [1953] SCR 546 and Pandurang, Tukia and Bhillia v. State of Hyderabad [1955] 1 SCR 1083). The rationale behind this custom appears to be the final and irreversible nature of the death sentence. Reasonable doubt can be said to be established where despite the evidence put forward, a member of the bench is not convinced of either the guilt of the accused or the necessity of the death sentence in that particular case.
A Constitution Bench of the Supreme Court however refused to raise this custom to the pedestal of a rule as it argued that doing so would essentially mean leaving the sentence to the determination of one judge (Babu and 3 Others v. State of U.P., AIR 1965 SC 1467). It is indeed unfortunate that the Court overlooked the larger requirement of unanimity in favour of the concern that one judge could hold the others at ransom. Thereby the Court overlooked the importance of removing all doubt and safeguarding the fairness of the judicial system.
The Indian Supreme Court had another opportunity to rectify its position, when the case of V. Mohini Giri v. Union of India (2002 AIR SCW 5306) was argued before it in 2002. In this case the petitioner had sought the issuance of a guideline as to what should be the appropriate approach in the cases where one of the judges in the Bench of this Court while hearing an appeal against death sentence, acquits the accused person. The Apex Court declined issuing such a guideline arguing that it would curtail the judicial discretion of the bench.
Equal crime; unequal punishment
"The course which this case has taken makes a sad reading. Three persons were sentenced to death by a common judgment and, regretfully, each one has eventually met with a different fate." - Y.V. Chandrachud, (then) Chief Justice of India.
In the case of Harbans Singh v. State of Uttar Pradesh and Others ((1982) 2 SCC 101), three men were convicted of playing an equal role in committing a crime. While Jeeta Singh was executed, the President pardoned Kashmira Singh and initially rejected Harbans Singhs petition.
The unequal treatment of equally situated persons such as these is in violation of Article 14 of the Constitution of India. The Court directed that prior to the actual execution of any death sentence, the Jail Superintendent should ascertain personally whether the sentence of death imposed upon any of the co-accused of the prisoner who is due to be hanged, has been commuted. If it has been commuted, the Superintendent should apprise the superior authorities of the matter, who, in turn, must take prompt steps for bringing the matter to the notice of the court concerned.
The position of Indian courts with respect to awarding non-unanimous death sentences is of particular concern because of the number of cases where death sentences executions carried out have been found to be erroneous. The Liebman Report in 2000, concluding a 23-year study conducted by Columbia University, USA, found that 68% of all death sentences awarded were reversed due to serious legal error.
(See Columbia study)
Further twelve percent of all persons executed in the US were later found to be innocent in light of newly uncovered evidence (Amnesty International, Facts and figures on the death penalty, April 2004). While there appears to be no similar study on India, it is unarguable that the risk in awarding death sentences is high and therefore caution needs to be exercised by the bench in awarding such a sentence. It is in this context that the requirement of unanimity of the judges could act as a crucial procedural safeguard in all death penalty cases.
Significantly, Military Courts in India have higher safeguards in this respect. While the Armys general court martials do not go as far as requiring unanimity, they do require a two-thirds majority for the award of a death sentence (S.132 of the Army Act, 1950. A similar provision is found under S. 131 of the Air Force Act, 1950). In other forms of court martial (summary court martial etc), an absolute concurrence of members trying the case is required in order to pass the death sentence. The 1950 Navy Act (Section 124) requires four of a five member panel to concur for a death sentence to be passed. Where the panel exceeds five members, at least two thirds must concur.
Throwing caution to the wind? - The case of Devender Pal Singh Bhullar
While the Devender Pal Singh Bhullar case is well documented for the large number of procedural lapses by the Police, the case also highlights the issue of non-unanimity leading to a possible failure of the rule of law.
Devender Pal Singh Bhullar was one of five members of the Sikh separatist organisation Khalistan Liberation Force (KLF) accused in 1993 of involvement in a plot to assassinate the Indian Youth Congress President, M.S. Bitta. Mr. Bhullar was sentenced to death by a Designated Court for offences under the Terrorist and Disruptive Activities (Prevention) Act, on the basis of an uncorroborated confession, while the other co-accused were acquitted for lack of evidence against them. Mr Bhullar maintained that this confession was neither voluntary nor true, but fabricated, and that his signatures had been forcibly obtained on partly written and blank papers.
Suspicion of the investigating authorities and the confession were noted by the dissenting judge, M.B. Shah, in the appeal before the Supreme Court (Devender Pal Singh v. State, N.C.T. of Delhi, (2002) 6 SCC 81). This view was not endorsed by the other two judges, B.N. Agrawal and A. Pasayat, who upheld the trial courts death sentence stating that a voluntary confession required no corroborative evidence and was enough to convict the accused.
Referring to the requirement of proof beyond reasonable doubt as merely a guideline and not a fetish, the majority judgment observed, Exaggerated devotion to the rule of benefit of doubt must not nurture fanciful doubts or lingering suspicions and thereby destroy social defence. Justice cannot be made sterile on the plea that it is better to let a hundred guilty escape than punish an innocent. The judgment further noted, the non-observance [of procedure] does not cause any prejudice to the accused
Procedure is handmaid (sic) and not the mistress of law, intended to subserve and facilitate the cause of justice and not to govern or obstruct it.
Non-unanimous and anti-dalit?
In a recent case under TADA relating to killings in Bara, a village in Bihar, the Supreme Court awarded death penalty to four landless dalit peasants (Krishna Mochi and Others v. State of Bihar, (2002) 5 SCC 203). Significantly, the death sentence was awarded by a 2:1 judgment with the senior-most Judge expressing serious reservations on the quality of investigation and even describing the same as based on false and fabricated evidence.
Lawyers challenged the appeal and the same was clubbed with the review petition of the Bhullar case, both of which were finally rejected by the same bench of the Supreme Court, with Justice Shah expressing dissent again.
The resolution passed at the All India Convention against the Death Sentence Awarded to Five? Landless and Dalit Peasants of Bihar by the Committee against Death Penalty observed,
the Death Sentence awarded to four poor dalit peasants for the Bara massacre and one from Bhabua District, is unjust, unfair and ill conceived. In doing so, the judiciary has wished away the context of the oppressive social and economic structure of rural Bihar, shut its eyes to the series of massacres both before and after Bara and has singled out the poor and dalits for the imposition of the extreme and brutal penalty.
The majority judgment set down some potentially damaging and incongruous propositions of law contrary to established principles of criminal justice. It restricted the scope and application of the presumption of innocence, the requirement of non-arbitrary procedure and reduced the standard of evidence required to prove the facts 'beyond reasonable doubt'.
In contrast, the dissenting judge, who acquitted the accused of all charges, noted the lack of substantial evidence and discrepancies in procedure, pointed to the involuntary nature of the statement of the accused, and highlighted the unfairness of the sentence due to the acquittal of the other four accused. The use of the majority rule, however, meant that the death sentence was confirmed.
A review petition was filed, firstly, contending an apparent error on the face of record and, secondly, questioning the validity of the imposition of the death penalty taking into account that the senior-most judge of the Supreme Court bench had expressed dissent (Devender Pal Singh v. State, N.C.T. of Delhi, AIR 2003 SC 886). Justice Shahs minority judgment, in this instance, laid down a proper premise for the Bench to review the order of a death sentence if one of the three judges gives a different, and lesser sentence e.g. preferring life imprisonment to capital punishment.
The minority judgment suggested that, such an approach is consistent with Article 21 of the Constitution as it helps saving a human life from the gallows and at the same time putting the guilty accused behind the bars for life. He argued for a sound precedent to be laid down, whereby the dissent of one judge
be regarded sufficient to treat the case as not falling within the narrowed ambit of rarest of the rare cases when the alternative option is questionably foreclosed. Once again however, the majority judgment upheld the death sentence.
The Bhullar case remains one of many where death sentences have been awarded despite dissenting opinions on either guilt or punishment. Where judges disagree on guilt of the accused, the dissent may be sufficient to constitute reasonable doubt. Furthermore, dissent on punishment also raises serious concerns about the applicability of the rarest of the rare principle.
With growing international consensus towards abolition of the death penalty, Indias continuation of award of non-unanimous death sentences is equivalent to taking steps backward. Fair and reasonable procedure is a vital safeguard for the enjoyment of human rights more so where people are charged with crimes punishable by death. Under international human rights standards, such accused are entitled to the strictest observance of all fair trial guarantees and to certain additional safeguards.
The requirement of unanimity of judges in imposing death sentences could act as an additional safeguard.
These additional safeguards are not, however, a justification for retention of the death penalty. Amnesty International India calls upon the Government of India to declare a moratorium on all death sentences and commute existing sentences towards eventual abolition of the death penalty in India. Amnesty International India opposes the death penalty in all cases, without reservation, on the ground that it is the ultimate cruel, inhuman or degrading punishment and violates the right to life.
Bikram Jeet Batra
Bikram Jeet Batra is Legal Officer at Amnesty International India. Earlier drafts of this were researched and prepared by Prateek Awasthi. This article is the June 2004 edition of Aawaaz - a quarterly feature from the Amnesty India Programme Office.
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History Literature Philosophy Opinion Law & Justice All Topics
Laurence Sterne Tristram Shandy English Literature 18th Century Sentimentality
The Sentimentality of Sterne's Tristram Shandy: A Mind and Body Story
By Amritpal Singh
2017, Vol. 9 No. 01 | pg. 1/1
Keywords:Laurence Sterne Tristram Shandy English Literature 18th Century Sentimentality
The literature of the 18th century includes parodies, satires, and denunciations; however, the role of sentimentality usually comes second when discussing the literary movements of the century. The author of The Life and Opinions of Tristram Shandy, Gentleman, Laurence Sterne, is commonly known as he “who introduced the present mode of sentimental writing” (The Sentimental Magazine). Among authors such as Jonathan Swift, Henry Fielding, and Daniel Defoe his novel stands as a text outside the ordinary and invokes as much empathy as it does laughter. The text continually makes use of phallic symbols, follows a plot with no linearity, cuts out entire chapters, includes black pages, blank pages, and even a notorious marbled page. At the same time, his work produces immense feeling, so much so, that his name becomes synonymous with sentimentality itself.
Sterne combines the two mediums of satire and sentimentality within his work to show the relationship between humor and emotion, between the body and mind, and between character and narrative. Furthermore, by means of the humor of the text it is possible to miss the intricacies of emotion that Sterne imbeds within his novel. Tristram Shandy presents mathematical proofs in order to show the location of the mind and body; it depicts characters not through words, but through simple actions such as a soft touching of the hand; it includes metanarratives, which invoke emotion in other characters as much as they do the narrator and reader; and, above all else it argues for moments of sentimentality, for moments when distraction and digression fade and all that remains is the resemblance of all mankind.
The sentimentality of Sterne’s Tristram Shandy is present ab ovo and persists throughout the narrative as a complex relationship of mind and body. The text includes an early definition of their relationship by means of Tristram himself who states, “----I tremble to think what a foundation had been laid for a thousand weaknesses both of body and mind, which no skill of the physician or the philosopher could ever afterwards have set thoroughly to rights” (7). In effect, the body and mind are similar to the middle section of a venn diagram, where it is impossible to set them “to rights” or “into a proper condition or order” (OED). Furthermore, when there is change in one it effects the other and they share the entirety of their elements, similar to their weaknesses. This idea is present within an essay on characterization and body in Tristram Shandy, by Juliet McMaster who states, “mind and body—with the indissoluble links between them, and their simultaneous tragic and comic discontinuity—are surly the major overarching subject of Tristram Shandy” (199).
Nonetheless, McMaster only explores their discontinuities and theorizes that Sterne “would have focused on the discontinuity of mind and body as the most fertile source of laughter” (200). This assumption of Sterne’s poetics indirectly calls into question the novel’s sentimentality. Accordingly, if the discontinuity of mind and body leads to the most fertile source of laughter, a consequence of their continuity is the most fertile source of sentiment. I argue the reason scenes, gestures, and actions in Tristram Shandy are potent and sentimental is due to the fact they occur when both body and mind are congruously working together without distraction: if humor is a consequence of their disconnection then sentimentality erupts from their synchronization.
The main function of sentimentality is to display high emotion and “the tearful distresses of the virtuous, either at their own sorrows or at those of their friends” (Abrams, 360). It is critical to explore communication within the text, due to it being the method characters use to share these emotions and distresses. Ergo, an examination of Sterne’s method of communication is necessary to understand his sentimentality. In his work Sentiment and Sociability, John Mullan examines Sterne’s A Sentimental Journey and concludes that “perfectly intelligible conversation depends on gestures rather than words, on sensitivity to the non-verbal rather than confidence in what can be said […] sympathy is most graphic when it is not spoken” (158). In effect, gestures in A Sentimental Journey behave similarly to those of Tristram Shandy and are the primary source of communication, this means the most feasible communication of sentiment comes from the body. In the novel, Walter Shandy mentions communication through body when looking for a tutor with “a certain mien and motion of the body and all its parts, both in acting and speaking, which argues a man well within” (373).
The “man well within” represents the mind, and to understand this mind we must focus on the person’s “mien and motion” or the gestures of their body. Moreover, the body becomes a vehicle for sentiment to travel from a character’s mind to their specific gestures and actions; and finally, to the narrator, other characters, and the readers themselves. Therefore, “’sociality’ is what we are to enter into when reading Sterne’s text” (Mullan, 159) and it is a sociality of gestures in which the body communicates sentiment. Furthermore, this correlates to a statement in the form of a mathematical proof that Walter states earlier in the narrative: “If death, said my father, reasoning with himself, is nothing but the separation of the soul from the body;--and it is true that people can walk about and do their business without brains,--then certes the soul does not inhabit there. Q.E.D” (131). The “brains” in this proof refers to the intellectual properties of the mind, as the proof separates it from both soul and body.
Consequently, if the soul is not within the mind, it is a part of the body, since this passage mutually excludes them both, they are together and thus the body must be the vessel for the soul. In addition, the OED’s definition of “lack of soul” is “to lack spirit, sensitivity, or other qualities regarded as elevated or human; to lack sensibilityforsomething” and illustrates that since the body is a conduit for the “soul” it becomes the conduit for sensibility and sentiment as well. Therefore, sentiment must emerge from the body, and it is through the body characters of Tristram Shandy communicate their tearful distresses.
The mind in Tristram Shandy is often spoken in relation to the body and rarely on its own. However, in a singular instance during volume three, the novel states its abstract understanding of the subject. In a discourse on time and infinity, Walter argues to comprehend these concepts it is essential to understand their origins. He then begins to paraphrase a passage on the mind from Locke’s An Essay Concerning Human Understanding:
For if you will turn your eyes inwards upon your mind, continued my father, and observe attentively, you will perceive, brother, that whilst you and I are talking together, and thinking and smoking our pipes: or whilst we receive successively ideas in our mind, we know that we do exist, and so we estimate the existence, or continuation of the existence of ourselves, or our minds, the duration of ourselves, or any such other thing co existing with our thinking,----and so according to that preconceived--- (Sterne, 171-2).
This explanation on the processes of the mind figuratively portrays them as they literally are: a variety of neurons firing simultaneously, each contributing to a collection of ideas that embody a singular idea and in this case existence (Locke, 174). However, it also describes a separation between the body and mind by means of thinking about the concept of existence while the body performs simple actions similar to “smoking pipes” on its own. In summation, the passage demonstrates that minds examine a constant flux of ideas, and bodies continually perform basic actions without a thought. Therefore, in Tristram Shandy the resting condition of mind and body is a state of discontinuity that leads to the aforementioned humorous moments. Additionally, this resting discontinuity explains the reason humorous scenes outnumber the sentimental: the mind and body are fighting their equilibrium state during sentimental moments. Ergo, in order for sentiment to emerge, they must congruously work towards the same message and the mind must dismiss its distractions and focus on a singular subject while the body avails its own sensibility.
According to M. H. Abrams, a fundamental aspect of sentimentalism includes the shedding of tears for the sorrows of others; in other words, the vicarious tears of sympathy for an individual’s pain become our own. Consequently, this sharing of heartache is integral to sentimentalism: it lifts the weight of sorrows and through mutual sympathy enables a mutual cheer for “’the general resemblance of the circumstances of all mankind to each other’” (Mullan, 31). The novel includes the ramifications this mutual sympathy can have on the mind and body, and the pleasure that arises from recognizing the general resemblance of mankind when it nears its conclusion. After the reenactment of Toby’s amours, Tristram states,
For my uncle Toby’s amours running all the way in my head, they had the same effect upon me as if they had been my own----I was in the most perfect state of bounty and good will; and felt the kindliest harmony vibrating within me, with every oscillation of the chaise alike; so that whether the roads were rough or smooth, it made no difference; everything I saw, or had to do with touch’d upon some secret spring either of sentiment or rapture (573).
Here Tristram stands in for the reader and literally displays the intended effects of the sentimental moments he incorporates. Consequently, as the amours engulf his mind, his body vibrates and runs along with them, and through every oscillation of the body and emotional turn of the mind within his uncle Toby, he himself feels the same sentiment and rapture. Furthermore, when sentimentality is fully realized within Tristram Shandy, it is in harmony with the body and mind of the person speaking as well as the person listening. The moments of heartache within the novel are spoken with a utilization of both thought and gesture which creates the sympathy that Tristram embodies in this passage and in his own thoughts and gestures. Thus, during sentimental moments, there is no split focus, no humor, only the sharing of sentiment that resembles the mutual circumstances of mankind.
The affects the novel intends and Sterne’s method of communication in relation to sentimentality are unorthodox; however, they elucidate the potency within minute details of Tristram Shandy. The miniscule gestures and the silences both short and long during scenes of emotional turmoil are as much the sunshine as the humor/digressions of the text and add to making it “one of life’s great consolations.” In the first sentimental moment the text enacts, it exemplifies the convergence of mind and body on a singular thought, the mutual sympathy for the circumstances of mankind, and the consequences of sentimentality through Yorick’s death:
Eugenius stept in with an intent to take his last sight and last farewell of him […] Yorick replied, with a look up, and a gentle squeeze of Eugenius’s hand, and that was all,-- but it cut Eugenius to his heart. –Come,--come, Yorick, quoth Eugenius, wiping his eyes, and summoning up the man within him,------ my dear lad, be comforted […] Eugenius was convinced from this, that the heart of his friend was broke; he squeez’d his hand,----and then walk’d softly out of the room, weeping as he walk’d. Yorick followed Eugenius with his eyes to the door,----he then closed them,--and never opened them more” (28-30).
The scarcity of dialogue and the silent conversation within this scene creates the rapture of emotion. Eugenius comes to say farewell to his friend and this goodbye is not spoken with words, rather it is with tears and two squeezes of the hand. The mirroring of their bodies through a squeeze of the hand as they meet and depart, the tears which start and end the scene, and the cutting of Eugenius’ heart by the broken shards of Yorick’s is the epitome of Sterne’s sentimentality: it is the singular idea of a “last farewell” spoken in the form of bodily gestures. The synchronization of mind and body embodies this brief memento mori to create sentimentality amidst the novel’s humor. Therefore, with the final bodily action of closing his eyes, Yorick’s mind also fades to blackness as the novel follows it with two black pages that mimic the effect of his closed eyelids.
The sentimental departure of Eugenius from Yorrick parallels scenes in the latter section of the novel and a point in the narrative which pushes the limits of what a cooperation of mind and body can accomplish. This is The Story of Le Fevre, an interlude within Tristram Shandy that gives Sterne a great deal of recognition for his sensibility: “Mr. Sterne’s affecting Story of LE FEVRE has been so much admired by the sentimental part of the literary world” (Timbury, 5). There are two integral events within the Le Fevre frame narrative that invoke the elements of sentimentality and the first occurs when Toby hears the tale of his life:
In a fortnight or three weeks, added my uncle Toby, smiling,--he might march.----He will never march, an’ please your honour, in this world, said the corporal:----He will march; said my uncle Toby, rising up from the side of the bed, with one shoe off:----An’ please your honour, said the corporal, he will never march, but to his grave:----He shall march, cried my uncle Toby, marching the foot which had a shoe on, though without advancing an inch,--he shall march to his regiment.-----He cannot stand it, said the corporal;----He shall be supported, said my uncle Toby (383).
The slow progression of Toby’s statements parallel his movements and the scene juxtaposes them to draw attention to the relationship between his thoughts and actions. In the first statement, there is the wishful thought of “he might march” alongside a hopeful smile; however, Trim’s rejection of Toby’s thought instigates a spark causing it and him to rise. In addition, Toby only has one shoe on, a reference to his own injury and his half commitment to the army at this moment. Nonetheless, as the thought of supporting Le Fevre engulfs his mind, his body moves with it and begins to march with the foot bearing a shoe, and this foot contrasts the other by the shoe being metonymic for his commitment to the army and his comrade.
Furthermore, Trim through his negativity represents the impossibility of Le Fevre being able to march and Toby is fighting against him with the entirety of his mental focus and the actions of his body. Through this, Toby embodies another element within sentimental novels, the convention of “comprehending the pathos of narratives; the capacity to respond with tremulous sensibility to a tale of misfortune” (Mullan, 159). Toby, by means of his own mind and body imitates what he wants Le Fevre to accomplish and thus feels the emotional distresses of his narrative in every fiber of his own being.
This leads to the second crucial event in The Story of Le Fevre and the peak of sentimentality within the novel. This frame narrative concludes with the death of the title character and as Tristram recounts it in detail, he feels the exasperations of both Le Fevre’s mind and body in his own; so much so, that he brings it to a close before Le Fevre ushers his last breath. In the final chapter of Le Fevre’s tale, Toby witnesses the tragic death of this young soldier:
The blood and spirits of Le Fevre, which were waxing cold and slow within him, and were retreating to their last citadel, the heart,-- rallied back,--the film forsook his eyes for a moment,-- he looked up wistfully in my uncle Toby’s face ,--then cast a look at his boy,------and that ligament, fine as it was,--was never broken.---- […] Nature instantly ebb’d again,----the film returned to its place,----the pulse fluttered----stopp’d----went on----throb’d----stopp’d again----moved----stopp’d----shall I go on?----No (385).
The density of this moment results in a fruition of all the aforementioned sentimental qualities within the text and the utilization of both mind and body. In the passage’s first half, the “spirit” or sensibility which resides in the body slowly fades and Le Fevre is unable to move; however, the concrete focus of his heart, which is metonymic for the mind and “in the most general sense: the mind” (OED) itself rallies him back for a brief glance at Toby and his son. Le Fevre’s body responds to his mind and it appears as if his body is regaining its “spirit.” Moreover, this scene is now Le Fevre attempting with all his mental focus and bodily strength to march alongside his comrade Toby, and through this it creates a moment which radiates sentimentality. The second half omits Le Fevre, and leaves Tristram narrating the physical processes leading to death in a method which exhibits the resemblance of all mankind in the act of dying: there are no names in this death, just a lingering pulse which slowly fades. Nonetheless, Tristram never narrates its end, and the final word of “No” displays the sharing of pain through mutual anguish is why he cannot continue. Thus, the focus of every character, their minds and bodies, and the narrator himself is on Le Fevre’s death: there is no split focus during these sentimental moments.
The sentimentality of Tristram Shandy arises from the synchronization of mind and body on a singular idea and though Tristram never explicitly describes what emotions characters intrinsically feel, they are present and “are wrapt up […] in a dark covering of uncrystalized flesh and blood” (66). The body becomes the medium for emotions to shine through when stakes are high and in these moments the mind focuses the entirety of its attention on what the body is trying to accomplish. The body may be uncrystalized and not instantly transparent, and emotions may not be instantly visible; nevertheless, when the mind’s focus shifts to a singular idea, “a man’s body and his mind, with the utmost reverence to both […] are exactly like a jerkin, and a jerkin’s lining:—rumple the one—you rumple the other” (144). When they are working together, their behavior is comparable to a jacket and its lining: they move together, function together, and focus on the same purpose.
Thus, the outcome of their congruity is the sentimentality which Sterne’s text embodies: the absence of any split focus or humor and the sole idea of sharing emotions of mutual sympathy for the resemblance of all mankind. The farewell of Eugenius and the death of Le Fevre epitomize the sentimental moments which pervade the text and are two welcome pieces of sunshine that pierce through the humor of Sterne’s cock and bull story.
Abrams, Meyer H., and Geoffrey Galt Harpham. A Glossary of Literary Terms. 11th ed. California: Wadsworth, 2014. Print.
Locke, John. An Essay concerning Human Understanding. Ed. R. S. Woolhouse. London: New York, 1997. Print.
McMaster, Juliet. "Uncrystalized Flesh and Blood": The Body in Tristram Shandy." Eighteenth-Century Fiction 2.3 (1990): 197-214. Web.
Mullan, John. Sentiment and Sociability: The Language of Feeling in the Eighteenth Century. Oxford: Clarendon, 1988. Print.
Sterne, Laurence. The Life and Opinions of Tristram Shandy, Gentleman. Ed. Melvyn New, and Joan New. London: Penguin, 2003. Print.
The Sentimental Magazine: Or, General Assemblage of Science, Taste, And Entertainment. Calculated to Amuse the Mind, to Improve the Understanding, And to Amend the Heart. London: Printed for Authors, 1773. Print
Timbury, Jane, and Laurence Sterne. The Story of Le Fevre from the Works of Mr. Sterne. Put into Verse by Jane Timbury. London: Printed for R. Jameson, 1787. Print.
Singh, A. (2017). "The Sentimentality of Sterne's Tristram Shandy: A Mind and Body Story." Inquiries Journal, 9(01). Retrieved from http://www.inquiriesjournal.com/a?id=1523
Singh, Amritpal. "The Sentimentality of Sterne's Tristram Shandy: A Mind and Body Story." Inquiries Journal 9.01 (2017). <http://www.inquiriesjournal.com/a?id=1523>
Singh, Amritpal. 2017. The Sentimentality of Sterne's Tristram Shandy: A Mind and Body Story. Inquiries Journal 9 (01), http://www.inquiriesjournal.com/a?id=1523
SINGH, A. 2017. The Sentimentality of Sterne's Tristram Shandy: A Mind and Body Story. Inquiries Journal [Online], 9. Available: http://www.inquiriesjournal.com/a?id=1523
Amritpal Singh graduated in 2018 with a Bachelors degree in English from University of Toronto in Brampton, Canada.
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Artibus et Historiae no. 56 (XXVIII), 2007
IN THIS ISSUE - SPECIAL ARTICLES IN MEMORY OF WILLIAM R. REARICK (1930—2004). PART II
COLIN EISLER - "Wrongly Together — Rightly Apart": Two Venetian High Renaissance Drawings at the Yale University Art Gallery (pp. 9—13)
A Venetian High Renaissance drawing of the head of a woman from the circle of the early Titian or Sansovino was "collaged" at an unknown date by adding the head of a child by the same hand. This converted what was originally an independent image into a Virgin and Child. By photographic means the two sections were separated and now shown alone, to recreate a sense of the original appearance of each head.
MICHAEL DUMMETT - Six 15-Century Tarot Cards: Who Painted Them? (pp.15—26)
The most complete surviving hand-painted Tarot pack from XV-century Italy, missing only four cards, is in part in Bergamo and in part in New York; it is here called the Colleoni pack. It was originally attributed to Antonio Cicognara on the basis of a document now universally recognised to have been spurious. In 1928 the pack was attributed by Roberto Longhi to Bonifacio Bembo; this attribution has been generally accepted. Six of the trump cards are manifestly by a different painter, who is frequently taken to have been Cicognara. This, if true, would be an astonishing coincidence. For reasons of dating, it would imply that the six cards were painted to replace Bonifacio's originals, which had been lost or damaged. They are here argued to have been by Benedetto Bembo, Bonifacio's brother, and are therefore themselves the original cards.
SYLVIE BÉGUIN - Pour Bartolomeo Cancellieri et Nicolo dell'Abate (pp. 27—31)
On Bartolomeo Cancellieri and Nicolò dell'Abate
The article reconsiders the argument on Bartolomeo Cancellieri made in the recently published article by Carlo Falciani and proposes a new attribution and some new observations on the subject. The study shows, among other things, the proximity between the works of Bartolomeo Cancellieri and those of Nicolò dell'Abate.
ALESSANDRO BALLARIN - Jacopo Bassano: l'"Annunzio ad Abramo della partenza per Canaan" Giusti del Giardino (pp. 33—48)
Jacopo Bassano's Annunciation to Abraham of the Leave for Canaan of the Giusti del Giardino Collection
This contribution brings to light a painting by Jacopo Bassano, known up to now only thanks to the engraving by Jan Sadeler, done about 1595, when it was part of the collection of the Veronese Earl Agostino Giusti. Due to the collection's dispersal in the first half of the 17th century, the picture may have passed to the collection of the Veronese lawyer Giovanni Pietro Curtoni, where it could have been disguised behind the inexact inventory description of the Annunciation to the Shepherds. The painting represents a theme frequently treated by Bassano: God's announcement made to Abraham, that he is to leave his native country, Haran, in order to go to Canaan. Previously the author had tried to date the composition by means of the engraving, on the grounds of its formal qualities He suggested that the "lost" Giusti picture could have been painted at the end of the 1560s, when Bassano reached a classical formulation for the Biblical themes, as it is shown in the well-known Pastorale in the Budapest Fine Arts Museum. However, careful examination of the picture led him now to change his mind about it: the refined use of whites on the canvas and the chiaroscuro, induce the author to suggest dating around 1575, a crucial year for the painter's experience in creating nocturnal scenes.
DIETER WUTTKE - Panofsky et Warburg. L'Hercule a la croisée de chemins d'Erwin Panofsky: L'ouvrage et son importance pour l'histoire de sciences de l'art (pp. 49—72)
Panofsky and Warburg. Erwin Panofsky's Hercules at the Crossroads: The Book and its Importance for the History of Art History
The essay represents the second revised and enlarged edition of the first part of the author's appendix to the 1997 reprint of Erwin Panofsky's famous book on Hercules at the Crossroads. Wuttke applies Panofsky's method as it is explained in the fundamental essay "Zum Problem der Beschreibung und Deutung von Werken der bildenden Kunst" (1932) to the book itself. He introduces the reader to Panofsky's concept of "method in application" and gives a dense description of the contents of the book. He then shows the relevance the book has with respect to the development of the history of art history: He demonstrates how deeply the Hercules at the Crossroads is rooted in the Warburg tradition. In order to ascertain his arguments Wuttke collects and interprets the testimonies of the reception of the book.
BEVERLY LOUISE BROWN - Corroborative Detail: Titian's Christ and the Adulteress (pp. 73—105)
Both Titian's authorship and the subject of the painting in Glasgow have been debated for many years. Although it is now generally accepted that it represents Christ and the Adulteress, there are those who still favor the Old Testament story of Susanna and Daniel. What has gone virtually unnoticed is the all'antica portrait medallion of an emperor embedded in the wall above Christ's head, which the Roman soldier seen from behind points towards with his concealed left arm. To judge from the lack of attention that the medallion has received, one might assume that it is just a trivial detail used as a bit of decorative flourish. However, a close examination of this small coin-like profile helps to clarify some of the questions concerning the picture's subject and its place within early sixteenth-century Venetian painting. The confusion over the painting's subject can be partly understood by the pairing of the two Biblical stories, which were read together on the third Saturday in Lent. Both were concerned with the true interpretation of Judaic law, but this classical Roman detail alone should make it clear that the story is not set in the Old Testament. In the New Testament story the Pharisees and the scribes set a trap for Christ by asking him to choose between sanctioning the mandatory death penalty for adultery specified by Mosaic law and restrictions imposed on him by Roman law, which gave the ruling prefect exclusive jurisdiction over capital cases. But Christ avoided the trap by not choosing either and thus opened the path towards a new and more compassionate Christian law. The solider would seem to be equating Christ's merciful judgement with the virtuous enactment of the law by the Roman emperor. Of all the early Roman emperors the one most commonly associated with virtù was Augustus, who occupied a special position in popular memory as the harbinger of peace, prosperity and justice. The medallion in Titian's picture bears more than just a superficial resemblance to images of Augustus found on Roman coins. By the mid-fifteenth century it was not uncommon to find antique numismatic imagery included in religious paintings, manuscripts, mosaics and tomb sculptural. How these images were interpreted in cases such as the Mascoli Chapel in San Marco or Vincenzo Foppo's Crucifixion, where they were set within a triumphal arch, is slightly different from Titian's Christ and the Adulteress where the medallion is isolated on a wall. Titian would have been well acquainted with ancient sculpture displayed by modern Venetians in a similar fashion. He also must have been aware that by extracting the medallion profile from a purely decorative context, he could increase its potential as a part of a visual exegesis. In this respect its isolation recalls a similar piece of all'antica sculpture in Giovanni Bellini's Saint Terentius. Bellini's portrait bust is placed above an inscription which identifies it as Augustus, whose presence was meant as a reminder of the practices of good government established under his reign. Although the emperor in Titian's Adulteress is not identified, it is argued that like Bellini, he chose to use Augustus as a moral paradigm. A connection is made between Christs judgement of mercy and forgiveness and the exemplary reign of Augustus. The soldier who points to the medallion establishes a parallel between the secular and religious realms as well as the antique and Christian. The inherent drama of the story lies in the balance between Christ in not condoning adultery and his mercy in forgiving the woman's sin. Although we do not know who commissioned Titian's painting or how it was originally displayed, its scale and explicit judicial character strongly suggests that it was commissioned for a civic space to serve as an exemplum virtutis for councillors and judges.
COSTANZA BARBIERI - "Chompare e amicho karissimo": A Portrait of Michelangelo by his Friend Sebastiano (pp. 107—120)
Sebastiano del Piombo's reputation as a portrait painter was well established in the first half of the sixteenth century, as was testified by several sources and by his outstanding portraits as well. For this reason, it is at least surprising that he left no likeness of his best friend and associate, Michelangelo Buonarroti, to whom he was so much obliged. It is here proposed to identify a recently discovered portrayal of Michelangelo as a possible work of Sebastiano's hand, given the strong analogy between this portrait and that of Francesco Arsilli in the Pinacoteca Civica of Ancona, signed by the Venetian painter and presenting the same composition of the Michelangelo. The Florentine artist is represented while showing a book of drawings of anatomical studies, an attribute that identifies for the first time Michelangelo via disegno, a unique and convincing iconography that distinguishes this from other portraits of Michelangelo. Although no documents have yet been discovered to place this forgotten painting securely within Sebastiano's oeuvre, a path is suggested that starts from a reference in the collection of the Duke d'Orléans, at the beginning of the eighteenth century, and continues to a seal on the back of the painting, identified as a custom stamp of the Reverenda Camera Apostolica in Rome. The portrait itself, however, though damaged, is an astonishing document of the two artists' friendship and of the mutual respect between the portraitist and the sitter, conveyed to the viewer by Michelangelo's intense and expressive gaze.
RENZO FONTANA - All'avvio della "seconda maniera": una stampa per Jacopo Bassano (pp. 121—133)
The Beginning of the "second manner": An Engraving for Jacopo Bassano
At the end of the 1530s Jacopo Bassano was living a period of intense stylistic experiments which culminated in his experiences of Mannerism in the successive years. The painter managed to keep himself up-to-date with the latest artistic tendencies, without ever moving from his home town, thanks to his knowledge of reproductive engravings. Together with the catalogue of the engravings that he used there is also a monumental and rare woodcut in four sheets of uncertain attribution, which he, without any doubt, referred to taking various figures that we can find in his paintings, such as The Martyrdom of Saint Catherine of 1538, known to us thanks to copies, as well as Samson and the Philistines in the Gemäldegalerie of Dresden, of 1539, but also in some of his paintings of the forties, like The Way to Calvary of the Fitzwilliam Museum of Cambridge, The Martyrdom of Saint Catherine of the Bassano del Grappa Museum and The Rest on the Flight into Egypt in the Pinacoteca Ambrosiana.
CATHERINE MONBEIG GOGUEL - Un dessin inédit de Schiavone (pp. 135—140)
An Unpublished Drawing by Schiavone
The article presents a hitherto unpublished drawing of Lamentation (France, Bogratchew Collection), with a corresponding print, by Andrea Schiavone. The "Lamentation" belongs to the most important subjects in the artistic production of Schiavone and derives from the oeuvre of Parmigianino. It was treated several times by Schiavone, in various drawings, prints or paintings, the analysis of which allows to underscore the originality of this newly discovered work, executed en camaieu de bleu in a highly painterly manner, typical of the artist's most beautiful drawings.
JENS CHRISTIAN JENSEN - Replik oder Kopie — Die Frage der Eigenhändigkeit im Werk Caspar David Friedrichs am Beispiel des "Kreuz an der Ostsee" (pp. 141—154)
Replica or Copy — The "Cross by the Baltic Sea" as an Example in the Discussion of the Authorship of Paintings by C. D. Friedrich
In several cases there are variations of Caspar David Friedrich's paintings and for years there has been disagreement within the scholarly Friedrich-research about their status in his oeuvre and as to whether they are replicas executed by Friedrich himself or copies by other artists. In the first part of the study Jensen comes to the conclusion that throughout his entire life Friedrich was compelled to be concerned about his livelihood, especially after his marriage in 1818 and the birth of his two daughters and a son. The artist could not afford to decline a commission or a request to purchase even if it concerned replicas of existing pictures. On the basis of this fundamental problem the next section of the paper presents four known versions of "The Cross by the Baltic Sea" (see I—IV). In addition to this, there is a drawing in a Friedrich's letter to the painter Luise Seidler, dated 9 May 1815 (VI), and a gouache in private collection (VII). These works are contrasted with a version that came to light in an auction in Berlin in 1998 (V). Whenever possible, infrared-reflectograms respectively infrared-photos of the paintings have been published. In the conclusion Jensen states that the painting V is the one which C. D. Friedrich mentions in his letter to Madame Seidler on 9 May 1815. It was a private commission and the small format of version V corresponds with this fact. The larger versions — especially II — on which the artist may have collaborated partially, have the character of an epitaph, which V does not possess. The composition and the execution in version V are strikingly unique. Finally, the author again dwells on the question of possible copyists who probably executed the versions I—IV.
PIETRO C. MARANI - Di Bramantino e da Bramantino: un'altra versione della Pieta Artaria gia nella collezione Reale dei Savoia (pp. 155—164)
By and after Bramantino. Another version of the Artaria Pietà formerly in the Savoy Royal Collection
The rediscovered Pietà, which was once in the Artaria Collection in Vienna at the end of the 19th century and later disappeared, was attributed to Bartolomeo Suardi called Bramantino by Wilhelm Suida (1902, 1905, 1910, 1953), Roberto Longhi (1955, 1973) and Bernard Berenson (1968). Many copies and later versions of it are known. The Artaria panel and these copies were discussed again recently by the author in a monograph published in Paris in 2005. According to the more recent chronology of the works by Bramantino, the Artaria panel was then dated around the end of the 15th century. Now, another unpublished copy of it has been discovered in a private collection in Legnano, once considered to be the original by Pico Cellini (the famous Italian restorer and connoisseur) and coming from the Savoy Royal Collection in Rome (there until 1944 circa). In that painting, tempera on canvas, the detail of a face, in full view (not entirely visible in the Artaria panel and in the other versions), has been considered by Cellini the self-portrait of the artist. On the basis of that "portrait", Pico Cellini assigned the painting once in the Savoy Collection to a period following the Crucifixion now in the Brera Gallery in Milan, then considering it late in the artist's career. Discussing this proposal and presenting a new examination of the St. John in Patmos by Bramantino in the Borromeo Collection, the author dismissed that hypothesis and suggested for the Artaria panel and for the Borromeo St. John a new date around the very first years of the 16th century.
DAVID SUMMERS - Michelangelo's Battle of Cascina, Pomponius Gauricus, and the Invention of a gran maniera in Italian Painting (pp. 165—176)
This essay begins from the coincidence between the publication in Florence in 1504 of the De Sculptura of Pomponius Gauricus and Michelangelo's beginning to work on the cartoon for the Battle of Cascina, which was to have joined Leonardo da Vinci's Battle of Anghiari in the Sala del Gran Consiglio of the Palazzo della Signoria in Florence. Gauricus's varieties of perspective — from above, on the level, and from below — are examined, and it is suggested that the first of these is a justification for the arrangement of space to be seen in Roman battle sarcophagi. A fourth, "superior" perspective is compositional, a metaphorical "brilliance" achieved by the display of skill and ingenuity, especially in figures. This corresponds with the "terrible" style in rhetoric of Hermogenes, appropriate to grand themes such as battles. Michelangelo took the gran maniera invented for the Battle of Cascina to the lofty themes of the Sistine Chapel ceiling.
ANETA GEORGIEVSKA-SHINE - Titian, Europa, and the Seal of the Poesie (pp. 177—185)
Titian's Europa (1559—1562) is widely regarded as one of the pinnacles of his poesie, as well as one of the most striking examples of his pittura di macchia. This essay proposes that the special place of this painting may already be suggested in a letter of April 26, 1562, where Titian describes it as the "seal" (soggello) of all of the works he had created for Phillip II of Spain up to that point. This qualifier calls to mind the term "seal" (from the Greek sphragis) used for literary compositions that conclude a cycle with decidedly programmatic goals — to establish their authors' "signatures", affirm their inimitable styles, and express their hopes for the survival of their opus for posterity. Titian's choice of this term may also reflect the status of the myth of Europa among its classical literary authorities. As classicists have long recognized, the ekphrasis on Europa in Achiles Tatius's novel Leucippe and Clitophon announces the power of love as the leitmotif of this narrative. Similarly, in Book 2 of The Metamorphoses, the abduction of Europa provides a kind of conclusion (sphragis) on a series of amorous exploits of the gods. Last but not least, Ovid returns to this myth in Book 6 of his poem in order to restate one of the key ideas within The Metamorphoses — the contest between divine and human ingagno, as well as nature and art. Through a skillful collation of these, as well as other literary (and visual) sources, Titian invokes within his "inimitable" invention a number of these allegorical and art-theoretical facets of the myth of Europa, including its exemplary value as a love-narrative, as well as the idea of paragone between forms of artifice.
FILIPPO PEDROCCO - Titian's Ecce Homo Reconsidered (pp.187—196)
The article examines a panel painting showing Ecce Homo, recently recognised as a work by Titian for the Duke Guidobaldo II della Rovere which (based on archival sources) was sent to Urbino by the Duke's envoy in Venice, Giovanni Francesco Agatone, in January 1566. The work was discovered fairly recently in the Poor Clares convent of Casteldurante (Urbania), a town which used to belong to the Duchy of Urbino, and to which the last of the dukes, Francesco Maria II (the heir of Guidobaldo II) withdrew for the last years of his life. Francesco Maria seems to have been particularly fond of the convent, so the donation of the painting to the Poor Clares, as a token of his profound devotion, appears a natural one. The panel, well known in literature, has recently undergone meticulous restoration by Ottorino Nonfarmale. The old varnish, repainting and the remains of a badly executed previous conservation have been removed, revealing a technique fully compatible with that, characteristic of confirmed works by Titian, and thus confirming that the painting is an autograph work by the master of Pieve di Cadore.
JAYNIE ANDERSON - "Through Adversity to Renown": Giovanni di Paolo's Painting of a Crucifixion in Canberra (pp. 197—206)
In 1977, on the advice of Sir John Pope-Hennessy, the National Gallery of Australia acquired a rare work, a Crucifixion by the Quattrocento Sienese artist Giovanni di Paolo. The painting is first recorded as an anonymous Italian work in the J. J. Visser collection, at The Hague, and emerged in the London sales in 1973, and has no early provenance. The artist was recognized by Pope-Hennessy, who had published the first monograph on Giovanni di Paolo in 1937, and for whom he had a life-long absorbing interest.
The Crucifixion is one of the most significant early Italian Renaissance works in Australia, and has been rarely discussed following its arrival in Canberra. In this article infra red reflectograms are published for the first time, which allow us to interrogate the painting. It is a unique example of an artist's patronage.
JAYNIE ANDERSON - "Through Adversity to Renown": Giovanni di Paolo's Painting of a Crucifixion in Canberra (pp. 197—206)
MARCIN FABIAŃSKI - Rifrazioni nella pittura al tempo di Caravaggio (pp. 207—223)
Refractions in Painting at the Time of Caravaggio
Circa 1600 a handful of Italian painters in a few scenes depicted glass vessels with clearly marked effects of refraction of light, which proves that to some extent they were aware of the problem. Annibale Carracci and Bartoleomeo Manfredi may have known Pausanias's enthusiastic description of Pausias's transparent glass painted in Epidauros, but with no mention of refraction this source could have only encouraged artists to observe light effects in transparent media. The most conspicuous deformations occur in flower vases in the Boy Bitten by a Lizard (Fondazione Longhi, Florence) by Caravaggio and in the Still Life (private collection) by an anonymous follower of Caravaggio. Interestingly, Caravaggio rendered the optical phenomenon less precisely than the anonymous author. Rather than from Caravaggio's neglect, this "mistake" seems to result from the artist's incomplete knowledge of simplified optical theories, as the one by Giambattista Della Porta. The growing interest of patrons and painters in discoveries of natural sciences was balanced by the desire to observe decorum in art, best expressed by Daniele Barbaro, who expressly referred to refraction. Such cautionary attitude may generally account for the artists' reluctance to paint optical deformations.
LOREDANA OLIVATO - Un americano nella Serenissima: James Fenimore Cooper e Palladio (pp. 225—229)
An American in the Serenissima: James Fenimore Cooper and Palladio
The essay concentrates on the observations about the Palladian architecture (in particular on the Teatro Olimpico in Vicenza), formulated by the novelist James Fenimore Cooper during his travel to Italy (1828—1830). On that occasion, while undertaking the traditional grand tour to visit the most representative places of the Renaissance culture, the writer revealed a peculiar position with regard to the great architect, on one hand, and to the structure of the theatre in Vicenza, on the other. Contrary to the habit of the numerous European travellers that used to consider the Olympic Theatre an element indispensable in the Palladian language of architecture, James Fenimore Cooper was curiously and "brutally" critical of it. In the author's opinion, the American writer was the first to realize the incongruence between the perspectives of the stage set designed by Vincenzo Scamozzi — who completed Andrea's enterprise after his death — and the Palladian architectural structure. He interpreted them as a misunderstanding of the organic apparatus inspired by the Antiquity, that Palladio had originally conceived.
MARILYN ARONBERG LAVIN - The Joy of St. Francis: Bellini's Panel in the Frick Collection (pp. 231—256)
The commission for Bellini's painting of St. Francis in the Frick Collection coincided with developments of the Observant movement in the Veneto in general, and, in particular, the refurbishing of the Franciscan convent in the Venetian lagoon on the Island of San Francesco del Deserto. This essay places the painting in this historical religious context in order to establish the meaning of its exceptional qualities of form and content.
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Mr. Travers
Luc Travers - Junior High and High School Teacher
Luc Travers, the creator of LiteratureAtOurHouse, taught literature and art appreciation for eight years at a private school in Southern California where he worked on creating innovative curricula. Mr. Travers is the author of Touching The Art: A Guide to Enjoying Art at a Museum which teaches the reader to how to experience the visual arts in a fun and emotionally powerful way. He has led art museum tours for both adults and children to over thirty museums in the world (including the Metropolitan Museum of Art, the Getty Center, the Louvre, and the Vatican museums). He graduated from the University of Memphis with a degree in Art History, and speaks fluent French. He also helps coordinate the docent program at the Cameron Art Museum. Literature At Our House is going into it's seventh year.
Rachel Miner - Upper Elementary Literature Teacher
Mrs. Miner has been involved with Literature At Our House since its creation six years ago, and last year she became the Upper Elementary teacher. Watch the video below she created at the start of last year.
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Daniels leaves Lowell for Arizona
By Nancye Tuttle, Sun Correspondent
Sean Daniels
LOWELL -- When Sean Daniels greeted attendees at Merrimack Repertory Theatre's 41st season announcement event on Tuesday evening, few in the audience knew it was Daniels' last time up front to share the new season.
But Wednesday, MRT board President William F. Wyman and Executive Director Bonnie J. Butkas made it official -- Daniels departs MRT in May to become artistic director of Arizona Theatre Company, a company with an annual budget of $7.9 million and two stages presenting full seasons in Phoenix and Tucson. By comparison, MRT's annual budget is $2.9 million.
The news is sad, but comes as little surprise, since Daniels was destined for bigger things when he was appointed as Merrimack Repertory Theatre's fifth artistic director in December, 2014. A talented theater wunderkind, he had wit, charisma and tons of connections to take MRT to the next level.
"I'm announcing Sean's departure with a mix of sadness and gratitude," said Wyman in a press release. "Under his leadership, MRT has achieved national recognition and artistic success, propelling him to Arizona Theatre Company."
Moving to Arizona will be a homecoming of sorts for Daniels, who grew up in Mesa, Ariz., and attended plays and took classes at the ATC as a child.
"I was 8 or 9 when I first saw a show there," Daniels told the Arizona Daily Star. "It's the theater that made me fall in love with theater."
One of Daniel's major goals as MRT's artistic director was to bring the 40-year-old theater into national prominence for its premiere productions -- a goal that he's met and then some.
Under his tenure, MRT has presented 14 world premieres, including the upcoming "The Haunted Life," based on an unpublished Jack Kerouac novella which Daniels has adapted and co-directs.
Other premieres include the award-winning "My 80-Year-Old Boyfriend," by Charissa Bertels, Christian Duhamel and Edward Bell; "KNYUM" by Vichet Chum; and "Lost Laughs: The Slapstick Tragedy of Fatty Arbuckle," by Lowell-born Andy Bayiates and Aaron Munoz, which was nominated last week in both the Best Play and Best New Play categories by the Independent Reviewers of New England (IRNE).
His many directing credits over the past four seasons include December's acclaimed production of "Miss Bennet: Christmas at Pemberley", MRT's bestselling production. Daniels was nominated for an IRNE award as Best Director of a "Play for Miss Bennet," which received seven nominations, including Best Play.
Daniels launched his MRT successes in August, 2015 with the start of the national tour of "The Lion," singer-songwriter Benjamin Scheuer's award-winning musical memoir, directed by Daniels and playing in Lowell after critically-acclaimed runs in New York and London. Other acclaimed, Daniels-directed productions include "I and You," which transferred off-Broadway, and Silent Sky, both by Lauren Gunderson.
At MRT, Daniels created the Cohorts Club, which got community members involved as they participated in rehearsals and behind-the-scenes meetings to see how productions happened.
That sense of reaching out to the community has been key to his success here.
"It's been wonderful to see this community respond to the work we were doing," said Daniels. "Though we will be closer to family in Arizona, we will always think of Lowell as the place where we got to be a part of a truly remarkable community."
MRT trustee Evan Schapiro will head the search committee conducting a national search for a new artistic director.
And, all agree, Sean Daniels has done a superlative job and will be a tough act to follow.
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Lessons from the PNG elections
Sean Dorney
Not all of PNG’s electoral problems could be solved before 2022, but a thorough examination of the lessons learned from 2017 is the way to start.
Photo: Flickr/Commonwealth Secretrariat
Published 21 Sep 2017 09:28 0 Comments
This is the fourth of several articles for The Interpreter by Lowy Institute Nonresident Fellow and former long-term Papua New Guinea correspondent, Sean Dorney who was in PNG for the elections as part of the Commonwealth's PNG Election Observer Mission. You can find part one here, part two here, and part three here.
During the annual Pacific Islands Forum Leaders Meeting in Apia earlier this month, the Commonwealth Secretary-General Patricia Scotland presented PNG Prime Minister Peter O'Neill with the Commonwealth Observer Group's report on the election.
The report recommends that the PNG government accept outside help to conduct an 'urgent review and lessons learned process' to help ensure there are fewer problems at the next elections in 2022. The Commonwealth Secretariat is offering to provide 'strong support' to this 'lessons learned' process, in collaboration with Papua New Guinea's other development partners.
Among a host of issues identified as 'significant challenges' by the Group was the large number of names missing from the electoral roll. As the Group's Chair and former New Zealand Governor-General Sir Anand Satyanand writes in his letter to Scotland at the head of the report, 'An accurate and credible electoral roll is at the heart of a credible election process.'
The Group expressed its sadness at 'reports of election related violence during the counting period in the Highlands region which resulted in the loss of lives, including some members of the Police'. It also lamented that 'not a single woman was elected to the Parliament in the 2017 election'.
The report's 38 recommendations include that the PNG Electoral Commission should be provided with timely and adequate funding; the Commission should strengthen its working relationship with the Integrity of Political Parties and Candidates Commission to foster greater trust in elections; the Government should consider temporary special measures to ensure some representation by women in the Parliament; and that the thousands of security personnel engaged in the election be given the opportunity to vote before being deployed.
The Group did find some positive aspects, such as 'the high voter turnout and enthusiasm by the people to participate in their democratic process'. Now that the figures are finally becoming available, the extent of that high voter turnout can be calculated – it throws up some fascinating and disturbing results.
The Australian economist Paul Flanagan (who writes a regular blog on PNG issues) has already raised questions about the turnout (145%) in Tari in the Hela Province in the Highlands. This seat, the first to be declared, was won by James Marape from Peter O'Neill's People's National Congress party.
I have been able to get final figures for valid votes in 80 of the 89 Open seats in the PNG Parliament – Tari was not the only seat where more people voted than were on the copies of the Electoral Commission's electoral roll for Open electorates provided to election observers before the poll.
There was a 115% turnout in Imbonggu in the Southern Highlands, while it was 103% in O'Neill's seat of Ialibu-Pangia. Okapa in the Eastern Highlands and Chauve in Chimbu both recorded a perfect 100% turnout. The Highlands province of Chimbu had an average turnout of 97%. The six Chimbu seats were remarkably similar: Chuave at 100%; Gumine at 94%; Karimui Nomane at 99%; Kerowagi at 98%; Kundiawa at 94%; and Sinasina Yonggamugl at 97%.
Throughout the Highlands, the Open seat turnout averaged 94%. Voting is not compulsory in PNG.
Outside of the Highlands, where five seats recorded more votes than there were voters on the roll, there was only one other seat where that occured. This was Nawe, in the Morobe Province, where there were 33,813 voters on the roll but 44,080 valid votes were counted; a 130% turnout.
My calculations for the respective turnouts in the four regions are: Highlands 94%; Momase 79%; Papua 68%; and the New Guinea Islands 64%. Of the provinces, East New Britain had the lowest turnout at 56%, while the National Capital District was not much higher at 60%.
There are obviously big problems in the Highlands, where tribal and cultural issues continue to have a major impact on how elections are run. The Commonwealth observers who went to the Highlands reported that bloc voting was a major feature at almost every polling station they visited. They said that in many polling stations voters were given multiple ballot papers by polling officials, often at the voter's insistence that they were authorised to vote for absent family members. In Goroka, they witnessed polling officials at the end of the day (after voting was finished) crossing names off the roll to match the number of votes that had been cast earlier. And in the Jiwaka Province, they saw voters who had several fingers inked, indicating that they had voted multiple times.
Not all of PNG's electoral problems can be solved before 2022, but a thorough examination of lessons from the 2017 elections is definitely the best way to start.
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A new documentary tells the story of the PNG Orchids at the World Cup and how they are changing perceptions of women.
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R v Rookes [1831] NSWSupC 55
stealing in dwelling house - convict escape - Broken Bay - Brisbane Water - death recorded
Dowling J., 24 August 1831
Source: Sydney Gazette, 27 August 1831[1 ]
Richard Rookes was indicted for stealing three pistols, 100 percussion caps, and sundry articles of wearing apparel, above the value of £5, the goods of William Locksdale, in the dwelling-house of John Herring Broughton, at Patterson's Plains, on the 15th of April last.
The prosecutor, Mr. Locksdale, is the agent of Mr. Broughton, now in England, and has the management of that gentleman's estate, at Hunter's River. In April last, Mr. Locksdale being in Sydney, received information that the house in which he resided on the farm had been robbed; and on his return, found that his bed-room, and also the store, which was under the same roof, had been forcibly entered during his absence, and a quantity of property, of various descriptions, and to a considerable amount, part being his own, and part belonging to Mr. Broughton, carried off. The prisoner and three other men, who were assigned servants on the farm, were at this time absent; having absconded on the day on which the robbery was stated to have been committed, taking with them a large boat, also the property of Mr. Broughton. It subsequently appeared, that they proceeded down the river Hunter, having constructed a set of sails for the boat, of some sheets stolen with the other property; reached Newcastle, where they were in danger of being lost; and had neared the coast in the district of Brisbane Water, when the boat was upset in a heavy surf. Three of the men were drowned, but the prisoner succeeded in reaching the land, where he was afterwards apprehended. The body of one of the other men was washed ashore, and buried in the sand, by a constable at Brisbane Water, and other persons; who, also, found near the spot, some trifling articles which were identified by Mr. Locksdale as part of the property stolen from his residence. Some time after, the boat was found on the beach at Broken Bay, where it appeared to have drifted.
The prisoner stated in his defence, that he was proceeding in the boat, on his master's business, when the three other men forced themselves on board, took the management of the boat out of his hands, and obliged him to go with them; that they narrowly escaped being lost near Newcastle, but at length succeeded in clearing Nobby's Island, and had arrived off the coast, at Brisbane Water, when the boat was capsized in a heavy surf; that he and his companions sat on the bottom of the boat for some time; but, at last, as their only chance of escape, determined to attempt swimming to the land, in which effort the three other men were drowned, and the prisoner was almost exhausted, when he was cast on shore by the force of a breaker.
The learned Judge told the Jury, if they believed the statement made by the prisoner, that he was forced, against his will, to accompany the other men, they would give him the benefit of that view of the case and pronounce him not guilty. His defence, certainly, rested upon a mere statement, unsupported by any proof. A prisoner, however, might be placed in such a situation as to preclude the possibility of producing witnesses to substantiate his innocence; and it was therefore the duty of the Jury to weigh the statement made by him, and to judge whether it was a consistent and probable explanation of the prima facie case raised against them.
The Jury found the prisoner Guilty, and the Court ordered Judgment of Death to be recordedagainst him.
[1 ] See also Sydney Herald, 29 August 1831; Australian, 26 August 1831.
Site Publisher: Macquarie University, Sydney Australia | Last Updated: Friday, 12 August, 2011
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MacDonald v Levy (1833) 1 Legge 39; [1833] NSWSupC 47
usury - reception of English law, usury - reception of English law, attitude of Burton J. - customs and usages - repugnance to English law - Burton J., personal circumstances - Burton J., attitude to New South Wales - Burton J., appointment of - Burton J., attitude to religion]
Burton J, 8 March 1833
Source: Sydney Herald, 11 March 1833[1 ]
Macdonald v. Levy - This was an action to recover on a promissory note, and an account stated. Verdict for plaintiff £15 0s. 7d.
Mr. F. Stephen for plaintiff, Mr. Keith for defendant.[2 ]
Forbes C.J., Dowling and Burton JJ, 8 June 1833
Source: Sydney Gazette, 11 June 1833[3 ]
In this case, which was an action on a promissory note, a question arose as to what was the legal rate of interest in this colony - whether, in fact, the usury laws applied here. At the trial, before Mr. Justice Burton, the point was reserved, and subsequently argued before the full court. Their Honors took time to consider, and this morning, at the sitting of the court, stated that they were prepared to give judgment in the case.
Mr. Justice Burton. - In this case two questions are presented for the consideration of the court - 1st. Whether there be in this colony any legal limitation to the rate of interest which may be taken of the forbearance of money; and if so, then, 2nd. What is that limitation ?
The question arises upon a point reserved on a trial before me and two assessors on the 8th of March last, of an action on a promissory note, upon which Mr. Francis Stephen the attorney for the plaintiff asked for a verdict with interest at 8 per cent, from the time the note became due; I directed the assessors to give a verdict for the plaintiff in the amount of the promissory note with lawful interest thereon, informing Mr. Stephen that he should move the court to ascertain what is lawful interest upon such an instrument in this colony.[4 ]
On the 6th of April, Mr. Francis Stephen moved the court accordingly; but to be allowed to calculate the interest at the rate of 10 per cent. as being the interest taken by the several Banks, and by usage and custom in this colony; and it was argued by him and by Mr. Norton, briefly, that the law of England, as to the rate of legal interest, does not apply to this colony. - And the statute 3 Geo. IV. c. 47, concerning mortgages executed in Great Britain for securing a greater amount of interest than is legal in England, was referred to, which makes legal such mortgages; as shewing that the colonies are empowered to make their own laws on this subject.
It was further argued that part of an an [sic] Act may apply and part not; that the rate of interest is local, and depends on the custom of the colony, and in this view the statute would then stand a blank as to the rate of interest in the colony, and the court may yet hold that the Usury Laws apply so far as to restrict the taking more than the rate allowed by custom, but that the rate of interest does not apply. And reference was made to the Savings' Bank Act which authorizes that bank to take not less than 8 per cent interest, as shewing the opinion of the local legislature.
It was argued on the other side by Mr. Keith for the defendant, that 5 per cent is the lawful interest in this colony; that the constitution of this colony and its laws are founded on the statute 9 Geo. IV. C. 83; that the legislative council might have enacted that 10 per cent. should be legal, or 8 per cent., as by the laws of some West Indian islands, of 6 per cent., as in Canada; but not having done so, he referred to section 24 of that statute, whereby it is enacted, that all laws and statutes of England, in force at the time of the passing of that act, shall be applied in the administration of justice, so far as they can be applied; as shewing that the law of England on this subject is the law of this colony, if it can be applied; and the simple question was, can the usury laws of England be applied to this colony? That as to the rate of interest, that allowed by the statute is the only rate which this court can allow; that the Savings' Bank Act, authorising a greater rate of interest in the particular case of that Establishment, shewed that the legislature did not consider it applicable to all cases.
I have approached the consideration of this subject, I will not say reluctantly, because it is my duty, but under many inducements, arising from the knowledge that my humble opinion is opposed to that of both my learned brothers - perhaps to that of many members of the legal profession - and certainly to the desires of many persons of great influence in this place, not to approach it at all; but I can suffer neither the one or other of these considerations to move me from the path of duty which my station in this court, as one of the Judges appointed under the provision of the stat. 9 Geo. 4, c. 83, has imposed upon me. Early upon my arrival in this colony, I witnessed the uncertainty which prevails upon the subject of the legal interest of money; the looseness of practice at least, if not inadvertance to the true principles upon which it is founded. I saw no particular rate of interest respected or adhered to even in this court, but that actions were brought, and judgments entered upon instruments bearing various and some exorbitant rates of interest, and without objection. In one case a warrant of attorney appeared which was passed for a debt upon which 25 per cent., and in another a bond upon which 10 per cent. was reserved; in another, 15; whilst out of doors, 12, and 11½ per cent. were offered by public advertisement for loans of money; and it was proved before me in one case, that 45 per cent. had been taken for a discount, and the records of the different registry offices of this court, although they do not shew the whole truth, yet shew that most exorbitant and ruinous interest is exacted by the lenders of money. I received no answer to my enquiries which could satisfy me that such a state of things was according to law, and I thought it contrary to my duty to suffer it to continue. If there be no legal limitation to the rate of interest, then what every man contracts for is that which he has a right to claim in a court of law and a court of equity; for that is then legal interest. It is only in certain cases, and between particular persons as trustee and cestry que trust, executor and next of kin, and the like; that a court of equity upon an account gives usually a lower rate that legal interest where none has been stipulated for, and none made out of the fund: but in no case can a court of law - and a court of law in this colony is by the statutes now in force, and by the special provisions of the rules of court kept as distinct in its functions from the court of equity in this colony as those courts are in England. It is not competent for a court of law to act upon principles of supposed equity: and it is not the province of a jury or of assessors in such a court to say what is or what is not a reasonable rate of interest, whether there has been a specific agreement for interest or not; bus [sic] it is the province of the court alone to determine what is the legal interest: that is a question of law expressly left to the court by the statute under which justice is now administered; and if there be no limitation, the court is bound by law to give that which is contracted for, if there be, then the court is bound to give that alone.
It has been stated by the Attorney for the plaintiff in this cause, that the Court itself when the question has been left to its decision, (as for interest due on a mortgage) has uniformly decided not to allow more than 8 per cent, although the mortgage perhaps was given as a security for as much as 20 per cent.
I am however informed by the Registrar of the Court, that he knows of no instance of a bill for foreclosure upon a mortgage being filed; and by the oldest officer of the court, Mr. Gurner, the chief clerk, I am informed that it is not the practice to take an account of interest upon mortgages, unless a bill of foreclosure is filed; and he only recollects two references on bills of foreclosure during the 17 years he has been an officer of the late Supreme Court, and of the present court, whilst by a reference to the records in the sheriff's office, I have found that during the years 1829 and 1830 alone, there were many[ 5] writs of execution executed upon real property.
The fact is, that upon every mortgage actually executed a warrant of attorney is taken as a collateral security, the mortgaged property is taken in execution for the principal with all the accumulations of enormous interest, sold by the sheriff, that being the most prompt means by which the creditor can obtain satisfaction, as it is the most ruinous in the world for the debtor.
As to the argument which has been advanced by the attorney for the plaintiff, that before any legislature existed in the colony, a rate of interest of 8 per cent. prevailed by common consent or custom, I must observe that to the legality of a custom, there are several requisites in which this, if it even existed, are entirely wanting: -First - That it has been so long used that the memory of man runneth not to the contrary; so that if any one can shew the begining [sic] of it, it is no good custom; for which reason no custom can prevail against an express Act of Parliament, since the statute itself is a proof of a time when such a custom did not exist.
The settlement of this colony was within time of legal memory; the statute of Queen Anne was then in force here, and the beginning of the usage (for it cannot be called a custom) was, as I shall presently show; on the 14th July 1804, having had its origin in a publication of that date made by Governor King; and the first adjudication of interest thereon by the then Court of Civil Judicature, appears by the records in the office of the Supreme Court, to have been on the 13th August, 1810, in the case Jenkins v. Kelly. A custom must also be uniform and consistent, and binding upon all, and not left to the option of every man, whether he will use it or not.
Immemorial usage is the proper evidence of custom; and if the usage be uniform and consistent, it proves it; otherwise, the contrary. In the present case, the publication of Governor King, to which I shall presently refer, will shew how little uniformity and consistency prevailed before the 14th July, 1804. - The records of this court will shew how little there has been either before or since that period; and will further shew, that every man has been left to his own option, whether he will use it or not. On the 11th April 1811, in the case of Loane vs. Collins, the Court of civil judicature, gave judgment for plaintiff, on a bond with interest at 12 per cent.
On the 2nd February, 1813, in Broughton v. Feen, the Court gave judgment on a bill of exchange for £550, with interest at 8 per cent, and on the same day in the case of Riley vs. Kable for 12 per cent upon two prommisory notes.
In the year 1829, out of 119 cases in which judgments have been entered up by writ of the Court and subject to its process of execution, not being the whole number, but taken indifferently out of each term, there have been cases in which no rate of interest is expressed in the instrument (the interest being probably added to the principal; 75 at 8 per cent; 13 at 10 per cent; 29 at 12 per cent; 1 at 13 per cent.
In the year 1830, out of 122 cases taken in like manner; there have been cases in which no rate of interest is expressed; 86 at 8 per cent; 2 at 10 per cent; 31 at 12 per cent; 2 at 15 per cent.
[His Honor here read a statement of the number of warrants of attorney, and a memorandum of mortgages registered between the years 1829 and 1833, on which the rate of interest varied from five to twenty-five per cent.][6 ]
I am therefore of opinion, that there is no foundation for the argument advanced by the attorney for the plaintiff, of custom, usage, or common consent. I will next enquire, whether there be any other foundation for this difference between the practice of this colony and the law of England? I found, on examining the records of the former courts of civil judicature, deposited in the Supreme Court, an entry of the 13th August, 1810, to the following effect :-
"August 13, 1810,
"Robert Jenkins, Esquire, v. William Kelly. - Action for £100, with interest, at colonial rate, due for money lent and advanced by plaintiff to defendant. Defendant admit the same, and that he agreed to pay 8 per cent. interest, for the 2d December, 1809 - By Governor King's regulation 8 per cent. per annum was allowed as interest. - Verdict taken by consent. - Damages - £105 12s. and costs."
And on the 22d January, 1811, an entry to the following effect :-
"22d January, 1811.
"John M'Arthur v. Henry Kable. - Action on a bill of exchange, drawn by defendant, dated Sydney, Port Jackson, 23d March, 1809, upon Messrs. Plummer, Bashaw, and Plummer, London, directing them, at 90 days' sight, to pay the sum of £100 sterling to plaintiff, or his order, drawing the bull, presentment for acceptance and payment; and non-payment and protest admitted. The disputed point was the rate of interest, the court referring to a Government Order of July 14, 1804, and to their former judgments, allow 8 per cent. interest."
A manuscript of the Government Order referred to is still extant at the Colonial Office, with a copy of which I have been furnished, it is as follows:-
"Whereas much litigation and many vexatious suits at law, have repeatedly occurred for want of an established and fixed rate of interest on monies and other claims within the territory and its dependencies. It is hereby ordained, that no persons do directly or indirectly, for bills, bonds, or contracts, (to be made after the publication of this ordinance) take for the loan or use of money, or any other commodities, above the value of eight pounds sterling, for the loan or forbearance of one hundred pounds sterling, or the value thereof for one year, and so proportionably for a greater or less sum; any custom or usage to the contrary notwithstanding.
"And if any person or persons whatsoever do, or shall (after the publication of this ordinance) receive or take more than eight pounds per cent. per annum, or any bill, bond or contract as aforesaid, upon conviction thereof, they will be subject to the penalty of the laws of England respecting usury, which is a forfeiture of treble the value, to be appropriated to such public fund or purpose, as the Governor may direct."
1st, That it shews how great laxity existed in court and out of court at that day, and how little uniformity and consistency of usage. - 2d, that the Governor does not affect to repeal the English law. - 3d, that Governor King had no legislative authority, enabling him to repeal an English Act of Parliament. - 4th, that how little it was regarded as a law even prior to the passing of that Act, the records of the then existing courts have sufficiently shewn. - 5th, after the passing of the stat. 9 Geo. IV, c. 96, there can be no pretence for the existence in this colony of any law contrary to the law of England, not passed by the legislative authority erected in the colony by virtue either of the stat. 4 Geo. IV. C. 96, or stat. 9, Geo. IV. C. 96. As to the argument used by the attorney for the plaintiff, arising from the supposed authority given by the local legislature, to the taking of interest beyond even 8 per cent. as is done in a particular instance in the Savings' Bank Act, 2d W. IV. No. 13, sec. 5, and adverting to that clause, I find that it is made lawful for the vice president or other trustees attending at such general meeting as is there mentioned, out of the balance in the hands of the treasurer, to discount at a rate of interest not less than 8 per cent. per annum; bills of exchange or promissory notes of an amount, not exceeding £500 &c. The only remarks I will make on this Act are :- 1st, That it only applies, and is only intended to apply to the particular case of the Savings' Bank, and cannot be applied to any other: 2d, That had I been a Judge of this court at the time it was proposed to the legislature, I should have found it to be my duty in pursuance of the 22d sec. of the statute, 9 Geo. IV. C. 83, to transmit to His Excellency the Governor, a representation that the said clause is repugnant to the laws of England. Having thus examined the arguments which have been adduced to prove that the law of England respecting the interest of money does not apply to this colony, I will now state the reasons which have induced me to form an opinion that it does. It is well known that the first settlement in this colony took place in the year 1788, and that His Majesty having been empowered by the Statute 24, Geo. 3, c. 56, to appoint some place beyond the sea for the transportation of offenders from Great Britain, and having appointed the Eastern coast of New Holland for that purpose, was further empowered by Statute 27, Geo. 3, c. 2, to erect a Court of Criminal Judicature of the trial and punishment of offenders, in a more summary way than was used within the realm according to its known and establiihed [sic] laws, and also that His Majesty did by his letters patent, dated 2nd April 1787, appoint not only that there should be within this colony, a court to be called, a court of criminal jurisdiction, but by virtue of His Majesty's Royal Prerogasive [sic], it was also appointed that there should be a court of civil jurisdiction. As to the forms and manner of proceeding in these courts, they varied from the usual course of the courts in England, but immediately upon their erection, the law to be administered by them (except as altered by the statute) would be the laws of England. For although in the one court its judgments would be chiefly passed perhaps, upon such as had no civil rights remaining to them, having for the most part been attainted felons, yet there were those who accompanied them as guards, or as settlers, and their issue, and the issue of even those attainted felons, whose civil rights were entire, and who might claim to have those rights enforced, except so far as they had been altered by the Act of Parliament. To these the law of England, as far as it was immediately applicable, was their right, and its various provisions from their advancement as a colony and increasing numbers, and increasing transactions with each other, became daily more and more applicable.
I take it to be clear law, without the aid of an Act of Parliament to make it such that 'if an uninhabited country (as this at the time of its settlement must be considered to have been, for the wandering tribes of its natives, living without certain habitation and without laws were never in the situation of a conquered people, or this colony that of a ceded country); if such a country be discovered and planted by English subjects, all the English laws then in being which are applicable to their situation, and the condition of an infant colony, are immediately their bithright [sic], and as their applicability arises from their improving condition, come daily into force. They are not in the situation of persons who go to settle in a conquered country, where laws have pre-existed, and which continue to exist until changed by lawful authority. If they have not the law of England for their guidance, they have none. - In this manner the statute of 12th Anne, s. 12, c. 16, which was passed in the year 1713 for fixing the rate of 5 per cent. in England was a law of this colony at its first establishment, and was applicable the moment one person became a lender and another a borrower. The precise reason why in certain other colonial possessions of the crown, which have been referred to for a contrary conclusion, a different rate of interest exists by law, is that which causes the statute of Queen Anne to apply to this colony; it is that those colonies were sttled [sic] before that statute was passed, and when the rate of interest was regulated by a previous statute, allowing a greater rate of interest, and that those colonies possessed legislative bodies of their own before the statute of Queen Anne was passed; and, after that period, law passed in England do not bind these colonies, unless they are specially named. - The History of Ireland affords a illustration of this principle. Ireland having been conquered by King Henry II., King John, in the 12th year of his reign, ordained that Ireland should be governed by the laws of England; but, as it still remained a distinct dominion, and had parliaments since the 12th year of King John's reign extended to that kingdom, unless it was specially named or included under general words, as 'within any of the King's dominions;' and by another law called Poyning's Law, passed in the 10th Henry VII., it was enacted, that all Acts of Parliament before made in England should be in force in Ireland, by the same rule that the laws passed between the 12th of King John, and 10th Henry VII., were not binding in Ireland. Those passed subsequently to the 10th Henry VII., and consequently all the Usury Laws, beginning with the 37th Henry VIII. (Ireland not being expressly mentioned in them, or included under general words), are not in force there, and the rate of interest in Ireland is different from that in England, being six per cent.
Referring to the history of the Colonial Possessions of the Crown, in which a different rate of interest prevails, it will be found to exist upon the same rule. Thus Jamaica was captured in the time of the commonwealth in 1655, and continued under Military Government until the time of the restoration of King Charles the Second, who, on the 13th February, 1661, granted a free constitution to the colonists, including the power of making their own laws, which is the reason that the statute of 12th Charles II. C. 13, by which the English rate of interest was fixed at 6 per cent., but not that of 12th Anne, by which it was fixed at 5, applied to the island; and by an act of the local legislature of Jamaica, 33 Char. 2, c. 19, the rate of interest was fixed at 10 per cent., and was subsequently reduced by the same authority to 6 per cent. The island of Barbadoes was settled by letters patent, and a power was given to the colonists to make laws on the 2d June, 1627, which affords a reason why the statutes of Charles II. and of Queen Anne, subsequently passed, did not apply to that island, but the statute of 21 James I. C. 17, by which legal interest was limited to 8 per cent. In the ceded colonies, as Trinidad, Berbice, Demerara, St. Lucia, the Cape of Good Hope, and Mauritiaus, a different rate of interest prevails, because those countries, at the time of their cession, possessed laws which continued until changed by the Imperial Parliament, or by the authority of His Majesty. - It was because that in these various possessions of the British Crown (but especially Ireland and the West Indies), a rate of interest legally existed different from that which in the year 1774, came to exist in England, that the stat. 13 Geo. III. c. 79, explained by 1 and 2 Geo. IV. C. 51, was passed to enable securities by way of mortgages, to be executed in England upon property situate in those countries, provided the rate of interest should not exceeded 6 per cent: most of the local legislatures of those colonies having at that period reduced, or in consequence of that statue they did afterwards reduce their local interest to that rate: but this statute by no means warrants the argument which was raised upon it by the plaintiff's attorney, that it authorises the existence of a rate of interest in this colony different from that in England: no different rate of interest having ever existed here previously to the settlement of the colony by British subjects; and where the law of England on this subject, did not then apply there was no law. The only principle upon which the criminal laws of England, as to the definition and punishment of offences comprised in statutes, as well of the same reign as the statute of Queen Anne, as of many reigns prior and subsequent to that statute, but passes previous to the establishment of the colony, could be administered here upon its first settlement, or any other English law, upon which there never was a doubt, is precisely the same upon which the statute 12th Anne, became the law of this colony; and there is no reason for the one of those statutes being law which is not equally applicable to the statute of 12th Anne. The letters patent of His Majesty King George III. dated 2d April, 27th year of His Majesty's reign, first establishing a court of civil judicature in this colony, prescribes indeed a form proceeding, which it was His Majesty's prerogative to do; but, as to the laws to be administered, ordains, directs, and authorises 'the said court to give judgment and sentence according to justice and right,' which, it is remarkable, as the very terms used in Magna Charta, being only expressed in English instead of Latin -
'Nulli negabimus aut differemus rectum vel justitiam.'
His Majesty did not affect to prescribe in any other terms what laws should be administered: it was not in His Royal Prerogative to change the laws, but only in the power of the Parliament. The letters patent of His Majesty, dated the 4th February, 1814, repealed the former letters patent, and erected three courts of civil judicature, viz. - the Governor's Court, and the Supreme Court, for this colony, and the Lieutenant-Governor's Court for Van Diemen's Land. The first is directed and authorised "to give judgement and sentence according to justice and right;" the second "to give judgment and sentence according to law and equity;" and the third, which was for Van Diemen's Land, in the terms of the Governor's Court, 'to give judgment and sentence according to justice and right.'
It appears by the report of the Commissioner of Inquiry, on the judicial establishments of this colony, ordered by the House of Commons to be printed on the 21st February, 1823, that a difficulty had been expressed by Mr. Judge Advocated Wylde as to the applicability here of English statutes passed in England since the 27 Geo. III. By the statute 4 Geo. IV. c. 96, the constitution of the several courts was changed, but the duty to administer the laws of England, in all matters coming before them, is plainly expressed in almost every clause; and by section 24 His Majesty was empowered to erect a legislative body in the colony, to make laws and ordinances, so as they should not be repugnant to the law of England, but consistent with such law, as far as the circumstances of the said colony will admit. By the 9 Geo. IV. c. 83, further alterations were made in the constitution of the courts of the colony, but as if to put an end to the difficulties which had been felt as to the application of laws passed in England since the establishment of the colony; and as if to put an end to all the irregularities which, for want of a legislative body pre-existing in the colony, had crept into practice; as put an also end to every supposed usage contrary to the law of England which had crept into practice, the Commissioner referring in his Report, which was before Parliament, to many such: by that statute, section 24, 'It is enacted, that all laws and statutes in force within the realm of England, at the time of the passing of that act, not being inconsistent therewith, or with any charter of letters patent, or order in council, which may be issued in pursuance thereof, shall be applied in the administration of justice in the courts of New South Wales and Van Diemen's Land respectively, so far as the same can be applied within the said colonies.'
I look upon this clause as the great charter of the colony, at once yielding to the colonists all that by the common law, or by the liberal, and enlightened, and accumulated wisdom of our ancestors, has been provided for the protection of life, liberty and property, and for regulating the transactions of men with each other. All becomes by virtue of it the 'the justice and right' which the judges are sworn to do to all the King's subjects, and which it is expressly provided in one of the clauses of Magna Charta (itself under this provision the law of the colony) shall never be denied or delayed.
My construction of the 24th clause is, that only one point is left by it to the determination of the court viz. can the law which a party insists upon be applied in this colony or not? Does there exist any legal bar to its being applied? If it can be applied, if there be no legal bar, it is his right, and ought to be enforced. There is no expression, as there might have been if such were the intention of the legislature, authorising the judges to apply the laws of England or not, as they may judge them to be convenient or expedient in the particular condition of the country at any particular time; there is no power given to them to dispense with any law of England which can be applied. - To judge of the expediency or convenience of any law is immediately afterwards in the same clause confided to a different and more proper authority in the following words: -
'As often as any doubt shall arise as to the application of any such laws or statutes in the said colonies respectively, it shall be lawful for the Governors of the said colonies respectively, by and with the advice of the Legislative Councils of the said colonies respectively, by ordinances to be by them for that purpose made, to declare whether such laws or statutes shall be deemed to extend to such colonies and to be in force within the same, or to make and establish such limitations and modifications of any such laws and statutes within the said colonies respectively, as may be deemed expedient in that behalf.'
The power of the Judges is only 'to adjudge and decide as to the application' (i.e. whether they can be applied) 'of any such laws or statutes in the said colonies' and not to make and establish any limitations or modifications' therein. The view which I take of my duty as a Judge deciding upon any law, is that I am bound to decide 'according to law,' and this, whether in the particular point it may by favorable to the subject, or restrictive, or may only concert private transactions: I have no power to bend the law; transactions in society must be adapted to the law; it is not in Judges, but in Legislatures to adapt the law to the state of society: the law is a main pillar of the Constitution, not to be removed, or bent, or deformed, according to the particular views of judges, but only by the authority of Parliament. With me, therefore, arguments of expediency have no avail, if an expedient be necessary, a remedy is necessary, and that only lies with the legislature, and I have always thought that there has been too great a proneness in courts to resort to the use of expedients to prevent the execution of what they may consider a hard law, which has grown up to be an evil. For a suitor who has law on his side has been sent out of court with a loss, because, in the judge's consideration, or that of a jury, perhaps the law is a hard one. A new code becomes established not to be found recorded amongst the common or statute law, resting only in the breasts of judges, varying as they vary, and frequently varying as one and the same person varies in his vies and opinions. A code which none knows how to obey which is made ex post facto, and only serves as a trap for litigation, and as a reproach upon the uncertainty of the law. Whereas if the law were to be administered as it is, its inadequacies, its inconvenience, its hardships, if any, which are concealed and glossed over by expedients would be apparent from being felt, and the legislature would be called upon to provide a remedy. These are the considerations which have led me, not here alone, but elsewhere to refuse to depart from the line of my duty which is "jus dicere," and not "jus facere." It is a good maxim in one law for the avoiding of uncertainties, "stare decisis," but it is a still better "stare legibus." If the argument of expediency, however, were legitimate in the present case, I am most clearly of opinion that it is all in favour of the law of England respecting usury, being applied and adhered to, in this colony. The increasing disorder which had occurred since it was departed from shews this to be the case.
The enormous and ruinous change of property which occurred in this colony in the years 1829 and 1830, and still continue in a less degree, and a reference to the records in the office of the Supreme court of warrants of attorney and memorials of mortgages which I have already made, justify my own mind, at least my opinion, as applied to this colony. For these reasons therefore I am of opinion :- First - That there is in this colony a legal limitation to the rate of interest, which may be taken for the forbearance of money. - Secondly - That that limitation is such as is imposed by the law of England, and is £5 per cent. therefore that the plaintiff should be allowed to enter up judgment for interest at the rate of £5 per cent., and no more."
Source: Sydney Gazette, 13 June, 1833
The Chief Justice then delivered his opinion to the following effect:- I regret at all times to entertain any difference of opinion, with either of my respected brethren on the Bench; and the more especially in a case of such great importance to this community, that it would have been desirable, the law should be removed from all doubt, and declared by the unanimous opinion of the court. The question is, whether the usury laws of England, apply to this colony, a question which has never been formally raised in this court before, nor received, that I am aware, the solemn decision of the Judges. It has, however, been the settled practice at nisi prius, by all of the Judges who have hitherto sat on this Bench, to allow interest at the rate of 8 per cent. where 5 per cent. would have been the rate allowed in England; and the practice necessarily involves the conclusion, that we all held the statute of Anne, the Act by which the rate interest is limited to 5 per cent. in England, not to be in force in this colony. It shall be my endeavour, on the present occasion, to shew that this conclusion was right in principle, that the practice of the court has been correct, and that the laws of England for regulating the interest of money are not applicable to the condition of this colony, and therefore no in force. Before I proceed to examine the principles upon which my own judgment has been formed, I must anticipate an argument which is frequently urged upon the court, and which appears to me to be founded on a mis-construction of the 24th section of the New South Wales Act, (9 Geo. IV. c. 83) That clause has been read, as if it were an enactment, peculiar in its provisions to this colony, and introductory of a new principle of colonial law. It will be found, however, that is neither peculiar, nor new; it is, on the contrary, affirmative of the law, as it stood before, as it is laid down by the oldest text writers on the subject, and confirmed by a long and uninterrupted current of legal authorities. To read this clause rightly, we must look first at the law, as it stood exactly at the time of passing the Act, and then at the provisions of the Act itself, and by comparing the one with the other, it will be seen, at once, that all the parliament had in view was to fix the time at which English laws, in general, should cease to bind this colony, and to enable the local legislature, in cases of doubt, to declare whether any particular statute should apply or not. The oldest authority which I can find extant upon this point, is a determination of the lords of the privy council upon an appeal from Barbadoes, whether the statute of frauds (29 Charles II.) extended to that island. This decision was referred to by Sir Joseph Jekyll, Master of the Rolls, in 1772, and is shortly reported in 2 P. Wms. 75, as follows: "If there be a new and uninhabited country found out by English subjects, as the law is the birth-right of every subject, so, where-ever they go they carry their laws with them, and therefore such new found country is to be governed by the laws of England; though after such country is inhabited by the English, acts of parliament made in England, without naming the foreign populations will not bind them." Taking this to be the text law upon the subject - and it is reported to be so laid down by the lords of the privy council, who are the judges in the last resorts upon appeal from the plantation, and stand in the same relation to the colonial courts as the House of Lords does to the superior court so flaw in England, - it will be seen that the point of time when a colony was first inhabited is a necessary preliminary to the correct application of the the [sic] rule, and that this point must frequently be vague and uncertain, and hence arose the necessity of some legal enactment to fix the point of time with more precision. But there occurs another and a more important point. Does the subject settling in a new place necessarily carry with him all the laws of his country, whether such laws may be suitable to his altered position or not? Sir William Blackstone in commenting upon the resolution of the lords of the council, expounds it in the following clear and comprehensive terms. "But this must be understood with very many, and very great restrictions; such colonists carry with them only so much of the English law as is applicable to their own situation, and the condition of an infant colony; such for instance, as the general rules of inheritance, and of protection from personal injuries. The artificial distinctions and refinements incident to the property of a great and commercial people - the laws of police and revenue - the mode of maintenance for the established clergy - and a multitude of other provisions are neither necessary nor convenient for them, and therefore not in force. What shall be admitted, and what rejected, at what time, and under what restrictions, must, in case of dispute, be decided in the first instance by their own provisional judicature" (Bl. Co,. vol. I. p. 107). This passage in the Commentaries is considered to be a sound exposition of the law by all the writers on colonial law; and is received as authority in our courts. It is cited with approbation, by Sir William Grant, in a recent case which arose upon the extension of the statute of Mortmain (9 Geo. II. c. 1) to the island of Grenada, who said, "It is undoubtedly true, that all the laws of England are not, and cannot possibly be in force in that or any other colony (Attorney General v. Stewart, 2 Merivale 159). In Chalmer's Collection of Opinions upon points of jurisprudence concerning the colonies (vol. I. 198, 220.) I find the opinions of the most eminent lawyers in accordance with the text, as laid down by Blackstone; Sir Robert Henley, and Mr. Yorke, Attorney and Solicitor-general in year 1757, in answer to a question put to them by the Committee of the Council for the Plantations, how far the statute for counterfeiting foreign coins was in force in Nova Scotia, state their opinion as follows:- "We are of opinion that the proposition adopted by the judges there, that the inhabitants of the colonies carry with them the statute laws of this realm, is not true as a general proposition, but depends upon circumstances, the effect of their charter, usage, and acts of their legislature; and it would be both inconvenient and dangerous to take it in so large an extent." Sir Philip Yorke and Sir Clement Wearg had, in the year 1724, expressed their opinion to the same effect. Upon a similar question referred to them, as to what English laws were to be considered in force in Jamaica, they replied, "Such acts of parliament as have been made in England, to bind the plantations in general, or Jamaica in particular, and also such parts of the common or statute law of England, as have by long usage, and general acquiescence, been received and acted under there, though without any particular law of the country for that purpose, are to be considered as in force." Lord Mansfield in delivering the opinion of the Court of King's Bench, in the celebrated case of Campbell and Hall, is reported to have referred to this last opinion of the crown lawyers, in the following words: "a maxim of constitutional law, declared by two such men, in modern times as Sir Philip Yorke and Sir Clement Wearg, will required some authorities to shake." I might multiply great names, in support of the principle I contend for; but those which I have cited will be sufficient to prove the existence of the principle itself, and the certainty with which it has been preserved and applied. From these authorities I collect the true principles upon which the laws of England should be extended to the colonies, as follow: - 1st, Statutes passed after the settling of a new colony, do not bind such colony, unless they are extended to the colonies at large, or such colony in particular; 2d, of the statute which were passed before the settling of the new colony, only such extend to it, as are suited to the condition of the colony; 3d, in all cases of doubt, the applicability of any particular statute must be determined, in the first instance, by the local courts. Now, carrying these plain principles with us to the consideration of the 24th section of the New South Wales Act, it will at once appear that they are all embodied in that clause, and that the two other provisions which are added to them, were intended to give them more complete effect; viz. by fixing the exact time, after which English acts of parliament should no longer bind this colony; and enabling the Legislative Council to remove any doubt as to the applicability of any statute, by declaring whether such statute did or did not extend to the colony, or under what limitations or modifications it should extend, reserving it still, as the duty of the Judges, in the meantime, to declare the law. The terms of the Act, the anticipation of doubts which might arise, all clearly shew that parliament never intended to broad-cast, as it were, the whole body of English laws upon this colony, without reference to its condition or circumstances or considering whether such laws were applicable or otherwise. Surely something more is required of the court, some higher obligation of intellectual duty is imposed on us, than simply to say whether there be a physical possibility of applying a law or not within the colony. What, I would ask, is there in the peculiar constitution of this infant colony, which requires a different principles to be observed in the application of the laws of England, from that which has been observed in applying the same laws to every other colony? We are all placed in the same relative position, having the same rights and obligation, and the same common dependency upon the parent country. If it were both "inconvenient and dangerous" to extend all the laws of England to the elder colonies, how does it become less so in this? The only legitimate object of all laws, is to provide for the protection and necessary wants of mankind - beyond this, every law is unnecessary; and, in proportion as it is inapplicable, it becomes a useless burthen. Of all evils upon society, I know of none more to be deprecated, than to be governed by unsuitable laws - they interfere with the daily habits and pursuits of mankind; they are opposed to their feelings and opinions, and carry in them all the consequences of oppression. If we, the judges, are merely to declare whether the laws of England can be applied or not, what is there to prevent the application of a "multitude" of provisions, as Blackstone expresses it, which hitherto no one has dreamed to extending to this colony - the law of marriage - the laws of tithes, with their particular exemptions - the poor laws - the excise laws - the particular rule prohibiting two persons (being in partnership) from underwriting the same policy? I know of no argument against the application of these laws, except that they have never been used in this colony, and that reason concurs with circumstances, in declaring that they are inapplicable to the condition of an infant establishment. Perhaps it will be urged that here is a want of the necessary machinery to execute such laws, and therefore, they are not in force, but his argument will fail, when it is considered that in some of those I have enumerated, there is machinery enough to admit at least, of a partial application; and in many others, which are in fact administered within the colony, there is a defect of the necessary machinery, as it exists in England. We have, for example, no sheriff's or county court, notwithstanding which, the remedy by replevin is as frequently resorted to in this colony, as if such a court were in full operation. I might quote other instances, but they are unnecessary; the distinction of such laws as do, and such as do not, require the particular machinery created by the statute which creates the law, to carry them into effect, will be found to be neither a safe nor unerring standard. The first, and leading principle should be, whether such laws are applicable in their nature and object, to the sate and condition of the colonists. I am fully aware, that in the adoption of this standard, I shall be met by a strong argument, of the inevitable uncertainty which must remain as to what laws may or may not, a priori, be held to apply; a difficulty which many vain attempts have been made to remove, and which must continue until the legislature shall, by some positive code, embody the whole of the common and statute law of England, which it may intend to apply to the colony; I venture to affirm, in full confidence of the result, that it will be found impossible by any general clause, so to frame any general rule, as to decide, as by a scale, upon the applicability of any English law; or to place the principle upon a better foundation than it rests on at present. In the absence of any positive code, or statutory declaration of the law upon the point under consideration, it appears to me that I am bound to regard it in the same point of view, as if I had been called upon to decide it in any other colony, or, as I think it would have been decided by the King's superior courts in England, if it had arisen incidentally before them. Assuming then the true point of enquiry to be, whether the statute of Anne, limiting the legal rate of interest to 5 per cent. per annum, is applicable to the condition and circumstances of this colony, I shall proceed to examine it, for the sake of order, under two general heads; - first, as to the nature and object of the statute itself, and secondly, as to the usage of this colony, and the analagous practice of the other plantations.
Among the laws enumerated by Sir William Blackstone as not applying to the condition of an infant colony, are "the laws of police and revenue, especially such as are enforced by penalties." This general distinction appears to have been adopted by the Master of the Rolls, in deciding against the application of the statute of Mortmain to the island of Grenada - "Whether the statute be in force in this island, will, as it seems to me," says he, "depend on this consideration, whether it be a law of local policy, adapted solely to the country in which it was made, on a general regulation of property, equally applicable to any country in which property is governed by English law. I conceive that the object of the statute of Mortmain is wholly political - that it grew out of local circumstances, and was meant to have merely a local operation. The thing to be prevented, was a mischief existing in England, and it was by the quality and extent of the mischief, as it there existed, that the propriety of legislative interference upon the subject was to be determined." Attorney General v. Stewart 2, Meriv. 160. Upon the same general ground, the Court of King's Bench, in the case of Rex. v. Vaughan (4 Burn. 2,500), held that the statutes 12 Ric. 2 C.2, and 5 and 6 Ed. 6, C. 16, against bribery in the sale of offices, did not extend to the island of Jamaica. "These statutes being positive regulations of police, not adapted to the circumstances of a new colony, and therefore no part of that law of England, which every colony, from necessity, is supposed to carry with them at their plantation." Adopting the distinction here drawn, by the judges in England, between such laws as are of a general and fundamental kind, upon which the constitutional government, and social rights of the community depend, and such as are of a political and local nature, calculated to suit the exigencies of particular times and places, and admitting of a deviation without affecting the general laws of the empire; and applying this distinction to the case under consideration, it appears to me that the laws for regulation the interest of money in England were never intended by the legislature that made them, to extend beyond the meridian of England; the usury laws are properly laws of police, suited only to local circumstances, varying in their provisions with time and place, and not alike, I believe, at this present moment, in any two of all the numerous possessions of the British crown. In England, in the reign of Henry VIII., the rate of interest was regulated at ten per cent.; in the reign of his successor it was made unlawful to receive any interest at all. A statute of Elizabeth restored the law as it stood under Henry the Eighth. In the succeeding reigns of James and Charles the Second, the legal rate of interest was reduced, first to eight, and afterwards to six per cent.; and in the 12th year of Anne (statute 2, c. 16) it was finally reduced to five per cent., as it now stands. In Ireland the rate of interest is higher than it is in England at the present time. In the American Colonies the rate of interest has varied at different times from ten to six per cent.; and in the East Indies it was fixed by act of parliament at 12 per cent.: yet all these several rates of interest have been recognise by the courts of law in England; and although a doubt had been raised how far contracts made in England, did not fall within the express words of the statute of Anne, so as to render any contract at a higher rate of interest than is thereby prohibited, void, yet that doubt was removed by the 14th Geo. III. c. 79, and such contracts were expressly protected. There never was a doubt but that they were at all times legal, and might be enforced in the the [sic] colony where they were made. There is an opinion ascribed to Pemberton, in arguing the case of Blankard v. Galdy (4 Mod. 222), that the statute of Anne did not apply to Jamaica; but I rest no argument upon that dictum; my own opinion is formed upon the clear principles laid down by Lord Mansfield and Sir William Grant, in determining whether a particular statute applies to the colonies; upon the universal precedent of every colony under the crown; and upon the invariable usage of this colony, since its first settlement. I think I understood a part of my Brother Burton's argument to be, that the American colonies were settled at different periods of time, and that they took with them the rate of interest in force in England at the date of their respective settlements. Admitting the fact to be so, it does not appear to me to alter the case. If the statute of James, limiting the interest of money at eight per cent., were in force when Jamaica was first admitted to the privileges of an English colony, it became the law of Jamaica, and could not afterwards be repealed or altered by the legislature of that island. Yet my learned brother admits, that by an act of the assembly, passed after the settlement of that colony the rate of interest was fixed at 10 per cent. By His Majesty's proclamation in 1763, the Island of Grenada was declared to be an English colony, and admitted to a full participation of all the rights and privileges which were enjoyed by the other American colonies; and consequently the common law of England, with all the modifications, additions, and restrictions, from time to time engrafted upon it by statue, became the law of that newly established colony, subject only to the consideration, how far they were applicable to the condition of the inhabitants. If the statute of Anne were a necessary part of the English law, then it was a fully in force in Grenada, as if it had been expressly named in the statue, and the legal rate of interest was, and could only be 5 per cent. Yet we find that the Assembly, of that island, shortly after it was established fixed the local rate of interest at 6 per cent. In the East Indies, where His Majesty's subjects are governed by the general laws of England, it was never supposed that the usury laws were in force. Indian interest, as it is called in the books, was always allowed upon Indian dealings. The case of Ekins v. E.I.Comp. is in point. (1. P. Wms. 396) That case was decided in the year 1717, and it was referred to the master, by the Chancellor, to compute interest according to the rate allowed in India at that time. It is indeed true that the rate of Indian interest was afterwards fixed by act of parliament (13 Geo. 3. c. 63) at 12 per cent; the terms of the act imply that there was no legal prohibition to taking that, or any higher rate of interest in India before. And yet what sound distinction can be drawn between the commercial dealings and money transactions of His Majesty's subjects in India, and in New South Wales, so as to support an argument in favour of the application of the usury laws to the one, and not the other? In principle I see no difference between them. It will not be contended that India is a foreign country, governed by the laws of the Gentoo, the Hindoo or the Mussulman - these laws cannot apply to the contracts and dealings between His Majesty's subjects in India; they are governed by the laws of England, in the same manner as we are, that is, so far as such laws are adapted to their local circumstances; and if the statute for regulating the interest of money, be a necessery [sic] and inseparable part of those laws, then was it as binding upon British subjects in India, as it is upon the inhabitants of New South Wales.
But there is another objection which it appears to me, in the absence of all others, would be conclusive against the introduction of the statute of Anne into this colony, it has never been used by the inhabitants or enforced by the courts; and it has been the invariable practice to allow a higher rate of interest than is allowed by the English Act. That usage generally, in the colonies, is respected, it will not be necessary for me to contend, after the opinions of the eminent persons I have cited. If it were, the statute 25 Geo. II. c. 6, would fully bear out the position. That Act was passed to remover certain doubts which has been raised as to the execution of wills under the statute 29 Charles II. usually called, the statute of frauds, and as this latter statute was in force in some of the colonies, and not in others, it became necessary to extend and confine the provisions of the amending Act, to such of the colonies as had received and acted under the statue of frauds. The act of Geo. II. therefore recites the partial adoption of the act of Charles II. and enacts that its own provisions should "extend to such of the colonies where the statue of Charles II. was by an act of assembly made, or by usage received, as law. This recognition by parliament of the force and effect of local usage in determining the application of any particular statute to the colonies is too strong to be overthrown; it was used advisedly, and upon an occasion when the applicability of a statute was the subject of enactment; it amounts therefore to a parliamentary declaration of the law, and it is in perfect accordance with the opinion, and almost expressed in the language, used by the crown lawyers in 1757, which I have already referred to. There is a wide difference between the usage here mentioned, and the particular customs which have been alluded to by my brother Burton, and which require, in order to entitle them to legal force, that they should have existed beyond the time of legal memory. Such customs are in their nature partial usages, confined to particular places, as distinct from the country at large, and are a departure from the general law; they require therefore to be proved before they can be admitted; and are never extended beyond their local limits, or precise practice. The usage I contend for, is not the custom of any particular place - it is the non-user of an English statute, by the whole of the inhabitants of the colony, since its settlement - of a statute confined in practice to the limits of England, and not observed in any other part of the British Empire.
Upon every view of the case, therefore, I am of opinion, that the statute of Anne forms no part of the received law of this colony; that it is wholly inapplicable to its condition, and is therefore not in force. In coming to this conclusion, it is satisfactory to me to find that the principles of law are not at variance with the rules of equity, or opposed to the interests of the colony. The adoption of the opposite conclusion, had it unfortunately been the opinion of the court, must have led to the most embarrassing results - results which it would be, perhaps, impossible to calculate in the extent of confusion and ruin that might have ensued. What would be the probable consequence of this court, holding that all contracts for receiving a higher rate of interest than 5 per cent. were usurious, and therefore void? The Banks must immediately close - confidence would be at an end - the dishonest debtor would avail himself of the decision of this court to avoid payment of his just demands. It is true the legislature is at hand to remedy the mischief; but before I could consent to make this court the medium of so devastating a decision, as to call upon the legislature to apply a retrospective and wholesale remedy, I must first satisfy myself that such is the stern and inveterate decree of the law; that the obligation imposed upon me by positive law is too clear to be misconceived, and too strong to be evaded; and that I have no discretion but to say ita lex scripts est.
Let me not, however, be mistaken; the laws of England are our birth right, where they apply to our condition, and can be administered to us with advantage; but where they are inapplicable, they are not in force; and where they are silent, then there is no law, unless established by the general consent and usage of the colony at large, or the local legislature; both being alike subordinate to the great and sovereign principle, that our local laws and usages must be reasonable in themselves, and not repugnant to the general laws of the parent country.
Upon the second question, which arises out of the first, viz. - whether, assuming that the usury laws do not apply to this colony, the court will enforce any rate of interest whatever that may be agreed upon between the parties, - it is not necessary in this case that we should decide that point solemnly; but, as at present advised, I see no reason why judges and juries should not continue to apply the same considerations to all cases of this kind as they have done heretofore, and to give such interest, by way of damages, as they think reasonable, and according to the usage of the place - a usage which is presumed to be in the knowledge of all the parties, and to enter into, and form an implied portion of all their contracts.
For this course of proceeding it would not be difficult to find ancient precedents, if it were necessary to justify it by authority. But I apprehend that we are not bound to give any solemn opinion upon the abstract question, whether there is any legal limit to the rate of interest which may be recovered, besides the convention of the parties; and I see no sufficient reason to disturb the practice which has hitherto prevailed at nisi prius. Should such a question be raised, of sufficient magnitude to require a complete and final adjustment, I apprehend that the legislature alone possesses the power of fixing the rate, at which interest in all cases may be demanded, and enforcing it by penal consequences.
In conclusion I must repeat my regret at being compelled to differ from my brother Burton, for whose opinion, in this case, I entertain so high a respect, that to dissent from his judgment, is to raise a doubt of the correctness of my own. I fully appreciate the value of the reseaches [sic] he had made, and the alarming facts he has brought to light. He has I think established a sufficient case to call for the interference of the legislature.
Mr. Justice dowling. - I entirely agree in the opinion delivered by the Chief Justice; and, after the elaborate view which His Honor has taken of the subject, I do not think it necessary to go very minutely into the grounds of my concurrence. The substantial question involved in this case is, whether the English statutes of usury can now be enforced in this colony, by operation of the 24th section of the New South Wales Act 9 Geo. IV. c. 83, which enacts, "That all laws and statutes in force within the realm of England, at the time of the passing of this Act, shall be applied in the administration of justice in the courts of New South Wales, so far as the same can be applied within the said colony."
This is the first time, I believe, that the question of the applicability of the English usury laws to this colony has been formally raised, since its foundation. I have made diligent inquiry to ascertain whether it has ever been a subject of discussion, and it seems to have been taken for granted, by the local government, by the authorities, and by the inhabitants, that those laws, through parts of the statute law of England do not extend to this colony, notwithstanding it had been originally settled by Eng[lish]men. By a government order, issued on the 14th July, 1804 (now nearly 30 years since), after reciting that enormous interest had been theretofore enacted, the rate of interest was limited to 8 per cent., under pain of subjecting the parties taking a larger rate, to the penalties of the statute 12 Anne. This, as far as it goes, though not a legislative declaration upon the subject, shews, as matter of practice, that the local government, as it then existed, did not recognise but disclaimed these laws as applicable to the colony. From that time until the present, the rate of interest has fluctuated, and has generally been matter of contract, between the parties, but almost always exceeding 5 per cent. Since the statute 4 Geo. IV. c. 96, New South Wales has had a local legislature of it own, and the only instance in which the legislature has legislated upon the subject of interest, has been by the late ordinance for establishing a savings' bank, by which the trustees are empowered to lend money at interest, not less than 8 per cent. As far as the sense of the local legislature can be collected upon such a subject, by a solitary enactment, this goes to shew that they did not consider the English usury laws applicable to the colony. In 1828, when I became a judge in the colony, I found that 8 per cent. was regarded by my brother judges, by the professors of the law, by the assessors and magistracy, by the whole mercantile body, and indeed by universal assent, as the just and reasonable rate of interest payable for money lent on securities. I certainly do not know of any other foundation for this rate of interest, than the common assent of the whole community, that such was the fair value of the use of money in the colony; and I take it that the common assent of those who are to be affected by a practice or usage, though opposed to the express terms of an English act of parliament relating to the local police of the mother country, must be regarded of some validity with us, in determining the present question. Until the present occasion this rate of interest has been allowed by the judges, assessors and juries, as the just rate of interest. On some occasions lately, parties have even gone the length of demanding 10 per cent., on the ground that this was the common rate of interest received by bankers and merchants on discount transactions; but I believe the court has in no instance allowed more than 8 per cent. to be taken, unless there was an express contract to the contrary. Although it has thus been considered that the usury laws of England do not apply to this colony, yet the court has never yet held that the spirit of those laws is not in full operation, in the administration of its equitable jurisdiction. Where fraud, collusion, or circumvention, has been used in taking advantage of a needy borrower, the court has invariably afforded relief against usury, in the odious sense in which that offence is treated in the statutes of usury. However tacitly the usury laws of England may have hitherto been disregarded, I think my learned Brother Burton, who has conscientious doubts upon the subject of letting a matter of so much importance rest upon so very precarious and uncertain a footing as non-user, or rather disregard of the statutes of England, is by no means to be discommended for suggesting the necessity of having this matter duly considered. This is certainly not the time nor the place to enter into any consideration of the policy of those statutes; but I may be permitted to observe, as matter of history, that very able and enlightened men in the mother country have questioned their policy, as they regard the commercial enterprise of Great Britain. The simple question for out determination is, whether they can now, for the first time, be put into operation, without the help of the local legislature? There is no doubt that the words of the New South Wales Act 9 Geo. IV. c. 83, s. 24, are very strong. The laws of England, in force at the date of that Act, "shall be applied in the administration of justice, so far as the same can be applied within the colony." I, however, agree with the Chief Justice in his exposition of this section. I do not regard it as a positive mandatory obligation, that all the laws of England shall be applied in the colony, because by possibility they may be enforced. If we were to read the act of parliament so we might be compelled to impart and act upon laws, wholly inapplicable to the state of society in this infant settlement, although we were possessed of the machinery proper for carrying them into operation. It would be no difficult matter to recite numerous acts of Parliament passed before the 9 Geo. IV. c. 83, which could by posibility [sic] be put in force in this colony, though highly detrimental, and wholly unsuited to the wants and condition of the community. As a general proposition therefore, it is not quite correct, that because an English statute can be applied to the colony, it must be applied. Who is to determine the applicability of the law? Parliament has made provision for this, by enacting in the same section that, "it shall be the duty of the Supreme Court as often as any doubts shall arise upon the trial of any information or action, or upon any other proceeding before them, to adjudge and decide as to the application of any such laws or statutes in the said colony." By what test are the judges to perform this duty? Surely by their local and judicial knowledge of the actual state of the country in which they are called upon administer justice, I admit that in this the judges have a very wide discretion vested in them; but this like all other discretionary function, is to be exercised, not wildly, and without rule, but upon a sound and deliberate consideration of the whole subject, with reference to the actual state of the colony. I certainly am not prepared to say that the usury laws, are such as cannot be applied in the administration of justice in this colony. I know of no local obstacle or want of machinery in the way of their administration. As a matter of fact they have never yet been administered in, or been deemed applicable to the colony. Their non applicability, rests upon one unbroken course of disuetude since 1787, when the first English fleet arrived. The learning upon the subject of usuages and customs, applies only where there are no written laws to guide a court of justice. If the actual rate of interest payable in this colony, were to depend upon usage and custom, it is clear that it could not stand, because the rate has been perpetually varying according to the actual value of money, from the fluctuations of the market and local circumstances. I rely, not upon the usage as to the rate of interest, to shew the inapplicability of these laws, but upon the universal assent to their inapplicability manifested by acts and declarations of the local government; testified by decisions of the courts of justice, silently allowed by the local legislature since the colony has had a legislative council, (except in the confirmatory instance of the Savings' Bank Act), and practically acknowledged by the mercantile and agricultural interests of the community. Are these considerations to be disregarded in determining the present question? The point therefore, for us now to adjudge (as in duty bound by law) is, whether after the lapse of 45 years (i.e. from the formation of the colony) during which thousands upon thousands of pounds have been invested upon securities, bearing more than 5 per cent. interest, and when at his moment all pecuniary binding transactions in this colony are not regulated by the usury laws, but by the supposed fair, marketable value of money - we can hold that those laws must be applied. It appears to me, that in the due exercise of the powers delegated to the judges of this court, we cannot, with reference to the post and present condition of the colony upon this subject, hold the usury laws to be applicable. To do so, would be productive of great individual hardship and injustice, for if the usury laws have been always applicable to this colony, every money transaction in which more than five pre cent. has been stipulated for forbearance, must be set aside, and the usurers subjected to the most grievous penalties, the public credit of the colony must be shaken to its foundation, and the most irreparable injury produced. If this determination, shall have the effect of calling the attention of the local legislature to the subject, and of suggesting to them the expediency of exercising the powers vested in them by the New South Wales Act, "to declare whether these laws shsll [sic] be deemed to extend to the colony, and to be of force herein, or to make and establish such limitation and modifications of those laws as may be deemed expedient in that behalf," this court will have done all that can be required of it by the provisions of the Act of Parliament. On t he whole of this case, I am of the opinion that the plaintiff is entitled to calculated interest, on the promissory not in question, at and after the rate which assessors and jurors have been in the habit of hitherto allowing in this court in like cases - namely, 8 per cent.
[Some errors have been pointed out to us in our report of the judgment delivered by Mr. Justice Burton in the above case, published in our last. We will correct them in our next, and also lay before our reader some very important and curious documents which formed a chief part of the main data upon which the learned Judge arrived at his decision. These we omitted in our last for want of room. Ed.]
Macdonald v. Levey.
In our last number we expressed our regret that there were some errors in our report of the judgment delivered by Mr. Justice Burton, in the above cause; and also that we were obliged, for want of room, to omit some important documents referred to by the learned Judge. We now proceed to correct the errors, and supply the deficiency of the report.
In the course of the judgment pronounced by His Henor [sic], he read the following
memorandum of mortgages registered from the 1st of January, 1829, to the 5th of june, 1833.
2 at 5 per cent.; 15 at 8 per cent.; 187 at 10 per cent.; 2 at 11 per cent.; 20 at 12 per cent.; 34 at 11½ per cent.; 1 at 13 per cent.; 1 at 14 per cent.; 94 at 10 per cent.; 6 at 16 per cent.; 2 at 17 per cent.; 7 at 17½ per cent.; 2 at 18 per cent; 84 at 20 per cent.; 3 at 25 per cent.; 2 at 30 per cent.; without interest, 10; and 561 on which interest is not stated : making in all 1033.
warrants of attorney registered in the supreme court, from nov. 1831 to june 1833.
98 at 5 per cent; 18 at 8 per cent.; 118 at 4 per cent.; 2 at 11 per cent.; 8 at 12 per cent.; 15 at 12½ per cent.; 1 at 13 per cent.; 1 at 14 per cent.; 3 at 15 per cent.; 2 at 16 per cent.; 3 at 17 per cent.; 1 at 7½ per cent.; 20 at 18 per cent.; and 1 at 25 per cent.
During that space of time the total number of warrants of attorney registered amounted to 648; of which there were 329 with the rate of interest stated, and 319 on the face of which no rate of interest is expressed.
memorandum of the numbers and amounts of writs of execution against the person, and writs of execution against property; showing the amount directed to be levied, and the deficiency.
In the year 1829, there were issued 278 executions against the person; the amount to be levied being £16,929 11s. 10d. The amount realized was £13,922 13s. 10¾sd.
In the year 1830, there were issued 256 executions against the person; the amount to be levied being £18,294 9s. 3¼d. The amount realized was £13,928 19s. 0¾d.
In 1829, there were issued 530 executions against property; the amount to be levied being £71,859 14s. 5¼d. The sum realized was £33,576 16s. 8¾d.
In 1830, there were issued 489 executions against property; the amount to be levied being £83,286 0s. 8¾d. The sum realized was £33,567 5s. 8¾d. Total number of executions, 1553. Total amount to be levied, £190,269 16s. 3½d. Total amount realised, £94,995 15s. 5d.
"Thus," said the learned Judge, "all the soil, produce, and labour and mortgage money together, had not been sufficient to satisfy the incubus of debt which the avarice of creditors had laid upon the land."
In reference to this last document, the learned Judge is made to say, in our report, 2d column, 4th line from the bottom, "there were many writs of execution executed upon real property;" it should have been, "there were 1,019 writs executed upon property; how large a proportion of these were upon real property will appear from a comparison with the number of mortgages to which I shall refer, &c." In the third column of our report, we should have stated that the rate of interest extended to 30 instead of 25 per cent. - [We have to apologise to the learned Judge for these unintentional errors. Ed.]
Source: Sydney Herald, 10 June 1833
Legal Interest. - McDonald v. Levy. - The Court proceeded to give judgment in this case. Judge Burton observed, that as he differed from his learned brethren in this cases, he should deliver his reasons on which that difference of opinion was founded. There were two questions to be decided - First, whether there were any legal limitation for the rate of interest in this Colony - And secondly, what was that? This case was an action on a promissory note, on which a verdict was asked with interest at 8 per cent., but he directed that only legal interest should be given, with liberty for Mr. Stephen on behalf of the plaintiff to move the Court what was the legal interest. Mr. S. did move, and argued that 10 per cent, was the legal rate of interest, and that the statute of Ann did not apply to this Colony. Mr. Norton also followed on the same side, arguing that that was the rate of local interest, and defended it on the customs of the Colony, citing the Saving's Bank Act as an instance which directed that not less than 8 per cent. should be the interest taken. On the other side, Mr. Keith had argued that 5 per cent. was the only legal rate of interest, and founded his argument on the 9 Geo. 4. 83, which directs the laws of England to be applied in this Colony, as far as they could be applied; and had the Legislative not intended that to have been the legal interest, they would have passed an act for the purpose, making it 10 per cent. as in some of the British West India Islands, or 6 per cent. as in Canada. His opinion was different from that of his learned brethren, but he approached the question with confidence, as it was ripe for decision, and wished for by a large and influential body of the community. The 24th section of the New South Wales Act directed the administration of the laws, and the 22d made them the guardians of the laws, and of the Legislature itself. On his arrival in this Colony, he saw there was no settled rate of interest, but that enormous interests had been taken, on one warrant of attorney, 25 per cent.; on bonds, 10 and 15; on loans of money, 11 and 11½, and in one case of discount, 45 per cent. was taken; the registries in the office were very imperfect in many cases, and did not show the injurious interest exacted by lenders of money in this Colony; if there were no limitation, the Court would be bound to give that contracted for. (The learned Judge here read a variety of extracts from documents in the Supreme Court office, showing the rates from 1817 up to the present time, to have varied from 5 to 30 per cent. and in one-half the cases, the rate of interest did not appear). This showed that there was nothing in the argument respecting common custom, usage, or common consent. The law of England must be applied as far as applicable; the argument of expedience would have no avail with him, the ruinous changes of property in 1829 and 1830, would justify his own mind in the opinion he held on this subject. In 1829 there were issued out of the Sheriff's Office 278 writs of capias ad satisfaciendem; in 1830, 256 of such writs; in 1829, 530 writs of fiere facias; and 1830, 485 such writs, to recover the sum of £190,269, when all that was produced, was £94,995, showing that all the land and labour would not meet the avarice of those with regard to interest who held security upon the property; on these grounds he considered there was a legal limitation to the rate of interest in this Colony, and that limitation was 5 per cent.
The Chief Justice, with reluctance, differed from his learned brother, on the important point now under discussion, but he very far from regretted the Court were now called upon to pronounce a solemn decision in this case; numerous facts had been raised in argument, and if necessary, to apply to the Legislature to decide the point - the sooner that was done the better. He should confine his argument to the narrow point raised at nisi prius, whether the Usury Law was applicable to, or in force in this Colony; supposing that it did not, could parties on their convenants, charge any rate of interest - and could the Court enforce that? The latter part he should not apply himself to, but to the question, did the statute of Ann, apply to this Colony? The Court were, in some cases, in the habit of allowing ten per cent.; putting the case to the Jury, as to the reasonableness of it, the Judges had therefore, deemed it did not apply, or they would have been bound by their office, to have allowed only five per cent.; all the Judges, up to the present time, who had set upon that Bench, were of opinion that it did not apply. By the 24th section of the New South Wales Act, the Judges were empowered to apply the Laws of England, so far as they could be applied; but he was of opinion, that clause did not call imperiously upon the Judges to apply every Law of England to this Colony - or they might apply the Marriage Act, the Tythe System, the Poor Laws, the Excise, the Land Tax. or any other, which would be anything but a sound discretion. He was of opinion, that the Usury Laws did not apply to this Colony, and that there was no law in this Colony limiting the rate of interest - and that the plaintiff was entitled to recover the rate of interest usually allowed, eight per cent.
Judge Dowling was also of the same opinion.
Source: Dowling, Proceedings of the Supreme Court, Vol. 83, State Records of New South Wales, 2/3266[7 ]
[p. 1] Dowling J.
This was an action of assumpsit on a promissory note for the sum of 15.£. payable after date with a count for interest after date. The deft suffered judgment to go by default. At the computation of principal and interest before Burton J. & two assessors last term, the plf claimed interest at and after the rate of 8£ per [?] from the time the note was dishonored, until the day of signing the final judgement, on the ground that such rate of interest, was the common and usual rate of interest for money in this colony. The learned judge allowed the plf to take a verdict [p. 2] for the principal sum named in the promissory note "with lawful interest" and reserved for consideration, the question "what is lawful interest for money in this colony".
This question came in to be argued on the 6th April last. The argument was conducted by Mr F. Stephen for the plf & Mr Norton for the deft.
The substantial question involved in this case, is whether the statutes of usury are in force in this colony.
This is the first time, I believe, that this question has been formally raised since the foundation of the colony. I have made diligent inquiry to ascertain whether it has ever been a subject of discussion, and it seems to have been taken for granted that the usury laws, though part of the statute law of England, do not extend [p. 3] to this colony, notwithstanding it had been originally settled by Englishmen. As matter therefore of history, and of practical non application, the rate of interest payable on contracts & securities, for the forbearance & giving day of judgement in money transactions has not been regulated in N.S.W by the provisions of any of the numerous English statutes of usury. When I had the honor of taking my seat in this court, I found that 8 per cent was regarded, by the profession, by my Brother judges, & by the mercantile body, and indeed by universal assent, as the lawful rule of interest payable for money lent on securities in the colony. I certainly do not know of any other foundation for this rate of interest, than common assent, that such was the fair value of the use of money, in the colony. [p. 4] Until the present occasion this rate of interest has been allowed by the Judges & assessors as the just rate of interest in the colony. On some occasion lately, parties have even gone the length of demanding 10 per cent, on the ground that this was the common rate of interest received by Bankers & Merchants on discount transactions; but I believe the court has in no instance allowed more than 8£ per cent to be taken. Although, it has been considered that the usury laws of England do not apply to this colony, yet the court has never yet held that the spirit of those laws is not in full operation in the administration of its Equitable jurisdiction. Where fraud, collusion, or circumvention has been used in taking advantage [p. 5] of a borrower of money, the Court has invariably afforded relief against usury, in the [?] sense in which that offence is heated in the statutes of usury. Even in the very last term in the case of Brownlow v Graham (see post p. 18) the court acted upon this principle. However tacitly the usury laws of England may have hitherto been disregarded, I think my learned Brother, who has conscientious doubts upon the subject of letting a matter of so much importance rest upon so very precarious & uncertain a footing as non user, or rather disregard of the statutes of English Parliament is by no means to be dis[?] for suggesting the necessity of having this matter considered. This is certainly not the time nor the place to enter into any consideration of the policy of those statutes. The simple question is whether they can now for the first time be put into operation without the help of the local legislature. By the 9 G. 4. c. 83. S. 24. all laws & statutes in force [p. 6] within the realm of England at the time of the passing of that act, shall be applied in the administration of justice in the courts of N.S.W. so far as the same can be applied within the said colony. I certainly am not prepared to say that the usury laws, are such as cannot be applied in the administration of justice, in this colony. I know of no local [?] or want of machinery in the way of their administration. As matter of fact they have certainly yet never been administered, in or deemed applicable to the colony Usuage to be considered nay if the sense of the local legislature upon the subject can be fairly collected by a single act, a very late ordinance for the [?] of a Savings Bank, [?] the Treaties there lend money not unless [?] 8 per cent which is certainly [p. 7] contrary to the terms of the English usury laws.
The question for us now to determine is whether after the lapse of 45 years (i.e. from the found.n of colony) during which thousands upon thousands have been invested upon securities paying more than 5£. per cent - taken at this amount all pecuniary lending transactions in the colony, are regulated not by the usury laws, by the supposed fair merchantable value of money, - we can hold that those laws are applicable? It appears to me that in the present state of the Colony, those laws cannot now be be [sic] applied, without manifesting notice to individuals, & injury to the public credit of the colony. If this determination, shall have the effect of [p. 8] calling the attention of the local legislature to the subject, & suggesting to them the expediency of exercising the powers vested in them by the 24 sec. of the 9 G 4. c. 83. to declare whether these laws shall be deemed to extend to the colony and to be of force herein, or to make and establish such limitations & modifications of those laws as may be deemed expedient in that behalf, - this court will have done all that can be required of it by the provisions of the N.S.W act.
[1 ] Burton's private correspondence (see Burton Letters) shows that he was concerned about his own financial position at the time this decision was delivered. Burton was offended that he was removed from the Cape colony to Sydney without warning: he sought financial compensation from the British government (Burton to his brother Edmund, 4 October 1832). The government had some sympathy on the latter point (Hay to Burton, 10 January 1833). Justice Burton was still in debt when he wrote to his brother Edmund on 29 November 1833: he complained that prices were extremely high in Sydney, and ``the roguery extortion and tricks of the dealers and servants ... are I believe the worst in the world." His dislike of the society of Sydney extended to its Supreme Court: ``In Court there is such filth and looseness of proceedings and want of all order and all convenience that I am disgusted." Yet in this letter he also said of Forbes C.J. that he was a ``a remarkably clever well informed man."
In letters to Mr and Mrs Benjamin Austen, 19 June 1833 and 30 September 1833 (Mitchell Library document 2668), Burton said that his dissenting decision in Macdonald v. Levy was his ``one grand stand against ... usurious practices," in which he was in a ``glorious minority of one." His aim in the judgment was not to change the opinions of his colleagues, which he knew he would not do. Instead he hoped through his ``exposure of the corrupt system which exists, that the attention of the Government here and at home will be called to the subject and a legal limitation put to the cupidity of the half reformed rogues of Botany Bay".
Burton repeated in these letters to the Austens that he hated Sydney and its corruption, in which even those who were opulent and influential were ``without Virtue, considering money as the criterion of excellence". In this letter, he revealed that he had little respect for the legal actions of his colleagues. He told Mr and Mrs Austen that
I found on my arrival, such a Court, such a looseness of regulation & practices---such advocates such attornies [sic] and such clients as the name of the place would lead me to expect: ---But the most distressing part of this subject was the disregard to legal principles & hence to uncertainty & reproach which existed as to the administration of the laws. The capricious adoption of some English statutes & the libertine abandonment of others---so that although by the express words of the Statute of Geo 4 c 38 [sic]---`all the laws & statutes then in force in England were directed to be applied, in all cases where they can be applied' yet so loosely has this law been applied that Usury and Extortion are become the Rogue's honesty.
He went on to describe looseness, irregularity and drunkenness among the practitioners: ``I can only describe them as Botany Bay lawyers."
The anger, indeed horror, that he showed towards the colony and its inhabitants appears to be the key to many of his judgments. Nothing good, he thought, had ever come out of New South Wales.
More of his character, perhaps, can be seen from the following: "Judge Burton refused to allow a witness who was a Catholic to cross himself before giving evidence in the Supreme Court, and he considered such a system if permitted, might have a tendency to encourage mental reservation." Source: Australian, 1 November 1833; and see Australian, 17 January 1834, stating that Burton had argued that Catholics and protestants should be sworn in same way, unlike the present practice.
It must have been rather humiliating, then, that Burton J. felt obliged in August 1833 to seek the opinion of Forbes C.J. and Dowling J. as to whether he had been properly appointed to the Supreme Court. They replied that they were sure that his appointment was valid: see Chief Justice's Letter Book, 1824 - 1835, State Records of New South Wales, 4/6651, pp 327-330. See also Historical Records of Australia, Series 1, Vol. 16, p. 823. (For the official version of the retirement of Stephen J. and his replacement by Burton J., see Goderich to Bourke, 30 March 1832, Mitchell Library, A 1269 (reel CY 1399).)
The newspapers had been calling for usury laws for several years: see Sydney Gazette, 15 September 1829; Australian, 24 September 1830, and 14 January 1831, but it was not until 1834 that, precipitated by this decision in Macdonald v. Levy, a New South Wales Act concerning interest rates was finally passed (5 Wm 4 No. 10; see Australian, 3 June 1834). It fixed the rate recoverable in the courts at 8 per cent, but it did not penalise higher contractual rates.
After the Act was passed, Burton J. continued to protest that the English usury statute (12 Anne, Stat. 2, c. 16) was still in force, and that the new colonial Act was thus repugnant to it. He expressed his opposition to the colonial Act in a letter to Governor Bourke dated 25 August 1834 (Historical Records of Australia, Series 1, Vol. 17, pp 536-537). He stated the reasons for finding that the Act was repugnant to the laws of England as follows:
``First. `That the provisions of that Act are repugnant to the Statute of 12 Anne, Stat. 2, C. 16, whereby it is enacted, That no person shall take directly or indirectly, for loan of any Monies, wares, merchandise, or other commodities whatsoever, above the value of five pounds for the forebearance of One hundred pounds for a Year, and so after that rate for a greater or lesser Sum, of for a longer or shorter time.'
``Secondly. I am of opinion that the provisions of that Act are repugnant to the Statute of 9 Geo. IV, c. 83, upon the following grounds.
``1. That the Stat. 12 Anne, Stat. 2, c. 16, above referred to, was a Statute `in force within the Realm of England at the time of the passing of the Stat. 9 Geo. IV, c. 83.'
``2. That by the 24th Section of the last mentioned Act, it is enacted, `That all Laws and Statutes in force within the realm of England at the time of the passing of that Act' (not being inconsistent therewith, or with any Charter, or Letters Patent or order in Council which may be issued in pursuance thereof) shall be applied in the administration of Justice in the Courts of New South Wales and Van Diemen's land respectively, so far as the same can be applied within the said Colonies.
``3. That I am not aware of any reason why the Stat. 12 Anne, Stat. 2, c. 16, could not at the time of the passing of the Stat. 9 Geo. IV, c. 83, or at the time of passing the Local Act now under consideration, be applied within the Colony of New South Wales, and the preamble of the act states no such reason, and the object of it is to prevent the application of that Statute in the administration of Justice in this Colony."
The other judges disagreed and Governor Bourke was content to send the Act to London for royal approbation : see Historical Records of Australia, Series 1, vol. 17, pp 520-537 (and see Forbes Papers, Mitchell Library, ML A 121 (reel CY 545), pp 849-852). This was either audacious or merely consistent conduct by Burton: he was ignoring the majority view of the Supreme Court in Macdonald v. Levy. He alone thought that the statute of Anne was in force in New South Wales.
Under 9 Geo. 4 c. 83, s. 22, new Acts of the colony's Legislative Council were submitted to the judges of the Supreme Court. Any of them could declare the Act repugnant to English law, but if they did, the Legislative Council could stick to the legislation; then it went into effect until Royal pleasure could be notified, that is, until it received the approval of the British government. After Burton J. raised his objections, the Legislative Council established a sub-committee to examine the Act, chaired by Forbes C.J. It reported that the sub-committee was opposed to a penal usury law, and was divided as to the need of a limit at all: see Australian, 13 June 1834.
Lord Glenelg later told Governor Bourke that his view on both Acts agreed with that of Forbes C.J. and Dowling J., rather than Burton J.: Glenelg to Bourke, 5 September 1835, Historical Records of Australia, Series 1, Vol. 18, pp 94-95.
The newspapers were fascinated by the topic. On 17 June 1834 for instance, the Australian gave an example from Ellison v. Kirk, decided on 14 June 1834, where a man borrowed at 75% plus an extra 25% for the attorney, and lost six times the debt through sale under execution and is now ruined. (See also Ellison v. Kirk, 1834.) For further newspaper commentary, see Australian, 6 and 10 June 1834, 25 and 29 July 1834, 26 August 1834.
For commentary on this case and the debate surrounding this statute, see C.H. Currey, Sir Francis Forbes: the First Chief Justice of the Supreme Court of New South Wales, Angus and Robertson, Sydney, 1968, cc 40 and 41, noting at p. 425 that this was called Forbes' Act, and was described by one historian as the legislative basis of the pastoral industry.
The same split decision as evident in MacDonald v. Levy and the supposed repugnancy of the interest rates Act (Forbes C.J. and Dowling J. in majority, versus Burton J. in minority) was also evident in the question whether the Bushranging Act was repugnant to English law: see the notes to R. v. Elliot, 1834. Once again, Burton J. was more attached to the strict rules of English law than his brother judges.
On the attitude of Burton J. towards the reception of English law, see also Martin v. Munn, 1833.
[2 ] The same issue of the Sydney Herald (11 March 1833) reported that Macdonald also recovered £24 on a bond, and £10 7s. 2d. on an account stated on the same day.
[3 ] This judgment was one of the few to be reported by Legge: see 1 Legge 39. Legge said that he relied on the Sydney Gazette of 11, 13 and 15 June 1833 to compile his report.
The Australian commented on this decision on 14 June 1833. It criticised the impracticality of the view of Burton J, "for every law which could by possibi[l]ity be acted on here, would have necessarily been in force, unless restrained by express enactment." It also stated that the "cant about the sin of Usury we utterly despise, for money is as much an article of commerce as sugar, tea, or tobacco; but we are strongly impressed with the opinion, that limiting the rate of interest is a measure required for the welfare of the Colony."
On a postponement of judgment in this case, see Sydney Gazette, 4 June 1833; Australian, 7 June 1833; Sydney Herald, 6 June 1833. See also Sydney Herald, 24 April 1834; Rapsey v. Riley, Australian, 3 June 1834.
In Scott v. Campbell, 7 September 1829 (Dowling, Proceedings of the Supreme Court, Vol. 23, State Records of New South Wales, 2/3206, p. 148), an attempt was made to prove that it was the custom of merchants that 25 per cent was the customary rate payable on bills of exchange returned dishonoured from England. Justice Dowling recorded the following (at p. 156): "In this case I stated that the decision of the assessors would afford no general rule upon the meagre evidence produced. No custom of usuage was proved. The assessors were merely left to conjecture. I remarked upon the total absence of any evidence of usage. Only one instance of payment of 25/ per cent produced. I told the assessors that the resolution entered into by the Chamber of Commerce could not affect their decision, that being a mere voluntary association, whose rules might be binding on themselves but not the public generally. This a question of damages for the assessors."
On the reception of English usury law, see also Brownlow v. Graham, 1833; and on usury, see also Hay v. Gordon, 1835.
On the debate which this decision aroused, see also Australian, 17 May, 7 June, 27 December 1833.
[4 ] Legge gave the reference to the English usury statute in footnote 2 at p. 39: ``12 Anne St. 2, cap 16, Ruff." It is not clear where Legge intended this to apply, as the text does not contain the link to note 2.
[5 ] Legge corrected this passage in accordance with the correction published in the Sydney Gazette on 15 June 1833: see below.
[6 ] The Sydney Gazette published this memorandum on 15 June 1833: see below.
[7 ] This is the only surviving judge's notebook account of one of these judgments. Legge says at p. 60 of 1 Legge, that he verified the Gazette version of the judgment of Dowling J. (which he relied on for his report) against this shorter notebook version.
In the same volume of Dowling's notebook at p. 68, there is a note saying that the three judges delivered their opinions on 8 June 1833, "For which see post printed matter at end of this Book." This would refer to a newspaper account of any of the judgments, but there is no such clipping in the book, nor evidence that there ever was.
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Baram-ui Jeonseol Xanadu / The Legend of Xanadu [K]
Nihon Falcom Corp. / Digitower 1996
The player controls a young adventurer named Areios. Monsters attack his homeland, and he is forced to flee. After traveling by ship and arriving at the town Bolda, Areios finds out that strange things have been happening in the North Cave near the town. His first mission will be to venture to the North Cave and investigate the matter. Of course, soon Areios finds himself involved in a battle against sinister forces, and commences the longest and most dangerous adventure of his life. The game is an action RPG set in the Dragon Slayer universe, with a gameplay style similar to Falcom's other popular series, Ys. Controlling Areios, the player explores the top-down world, visiting towns and fighting monsters in vast outdoor areas and dungeons. Like in Ys series, it is sufficient to "bump" into a monster in order to inflict damage. Areios gains hit points and becomes stronger by sustaining damage from enemies and resting. His weapons and armor can gain experience and level up. In many areas, companions will join Areios and help him in combat, controlled by the computer AI. The game is divided into chapters; the final stage of each chapter is a side-scrolling/platform level, which Areios has to navigate in order to reach the boss enemy, defeat him, and end the chapter. In such stages, the combat turns into a more familiar action-oriented style, with the player being required to press buttons in time in order to execute attacks and jump. There is a day/night cycle in the game, manifested not only in graphical changes, but also in the schedules of townspeople: when it's dark, people will return to their homes and go to sleep, etc. Originally on PC Engine, this DOS version came out in Korea a slightly higher resolution, and the HUD is displayed as an opaque window to the right but otherwise identical to the PC Engine version. It also found its way back on computers in 2003 as part of the Falcom Special Box 2004. In addition to the game (which is merely an emulated version of the PC Engine version, so it’s exactly the same), it included the entire soundtrack, as well as the Ys VI OST.
Infos Korean ISO Demo + DOSBox 58MB (uploaded by scaryfun)
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MIDWEST PROPERTIES, L.C., Appellee, v. SHERRY HARVEY, Appellant.
1. K.S.A. 60-2103(a) is interpreted and applied.
2. The Mobile Home Parks Residential Landlord and Tenant Act, K.S.A. 58-25,100 et seq., creates a presumption of retaliatory action by a landlord when a tenant does some protected act enumerated in K.S.A. 58-25,125(a)(1), (a)(2), or (a)(3).
3. After a court finds landlord retaliation and applies a remedy under the Mobile Home Parks Residential Landlord and Tenant Act, K.S.A. 58-25,125 does not provide for a continuing presumption of retaliation or a continuing burden on the landlord to show good cause before the landlord subsequently terminates a month-to-month tenancy.
Appeal from Shawnee District Court; NANCY E. PARRISH, judge. Opinion filed February 21, 1997. Affirmed.
Pantaleon Florez, Jr., of Florez & Frost, P.A., of Topeka, for appellant.
Bruce W. Beye, of Overland Park, for appellee.
Before PIERRON, P.J., ROGG, S.J., and DAVID PRAGER, Chief Justice Retired, assigned.
ROGG, J.: Sherry Harvey appeals from the district court's decision granting possession of a mobile home lot to Midwest Properties, L.C. (Midwest) in a forcible detainer action.
Sherry Harvey for a number of years rented a mobile home lot from Midwest. Harvey was renting from month to month. On January 3, 1995, Harvey received a notice to vacate on or before March 5, 1995.
Harvey and Midwest have had a long-term dispute because of Harvey's many complaints and Midwest's previous attempts to evict her. At trial, the court took judicial notice of another of its cases, No. 93 LA 7929. In No. 93 LA 7929, the court took evidence on November 30, 1993, and September 30, 1994, and issued a letter opinion on December 7, 1994. In No. 93 LA 7929, the court denied the petition for possession because of failure to follow the notice provisions in K.S.A. 58-25,105. The court also found that the action was a retaliatory eviction based on Harvey's "past action on behalf of mobile home owners" and awarded Harvey one and one-half months' rent. The district court concluded that "the retaliation covered by this letter decision has ceased."
In this case, Harvey claimed that because the eviction notice was given less than 30 days after the decision in No. 93 LA 7929, it amounted to a retaliatory act. Harvey testified that on November 30, 1994, she sent a letter to the Topeka city attorney complaining of the city's placement of individual water meters on the mobile home lots. She contended this was done at the request of Midwest, violating the statutory 60-day notice provision for changes in a rental agreement. Apparently, Harvey refused to pay a $25 deposit the city requested (because she paid her rent, implying that rent included any water charges), and the city turned off her water. Harvey claimed a health and safety risk was then created because she operates a licensed day care at her home.
In its memorandum decision filed July 10, 1995, the district court ruled that because in No. 93 LA 7929 the court specifically found that retaliation had ceased, the time frame to find that Harvey did some protected act should be from September 30, 1994 (the date of the last hearing in case No. 93 LA 7929) until January 3, 1995 (the date Harvey received notice of Midwest's intent to terminate her possession of the lot). The only evidence of a possible protected act under K.S.A. 58-25,125 was the November 30, 1994, letter to the city attorney. The court found Harvey did direct a complaint to a government entity; however, the complaint did not specifically complain of acts by Midwest and did not show that "health and safety" factors were involved. The decision granted Midwest possession as of August 1, 1995.
A preliminary issue is this court's jurisdiction to hear this appeal. The district court filed its memorandum decision on July 10, 1995. An appeal from an action for forcible detainer must be filed within 5 days after entry of judgment. K.S.A. 61-2102(a). Harvey filed a motion for extension of time to file her notice of appeal due to excusable neglect. The district court granted Harvey 30 days from July 15, 1995, within which to file her appeal. Harvey filed her notice of appeal on August 11, 1995.
K.S.A. 60-2103(a) provides, in relevant part, that "upon a showing of excusable neglect based on a failure of a party to learn of the entry of judgment the district court in any action may extend the time for appeal not exceeding 30 days from the expiration of the original time herein prescribed." Midwest claims Harvey had to file by August 9, 1995, contending that the 30-day extension should run from the date of the entry of judgment. Under K.S.A. 60-2103(a), if the district court extends the time for an appeal, the 30 days start from the expiration of the original time within which to file the notice of appeal. In a forcible detainer action, this would be 5 days after entry of judgment. The district court gave 30 days from July 15, 1995. Weekends and holidays are not counted when the time for filing a notice of appeal is 10 days or less. K.S.A. 60-206(a). Therefore, Harvey had 30 days from July 17, 1995, to file her appeal, or until August 16, 1995.
Even if Midwest's interpretation is correct, it failed to consider the 3-day mail rule of K.S.A. 60-206(e). Notice of the filing of the judgment was given by mail. Harvey filed her notice of appeal 32 days after the entry of judgment. The 3-day mail rule would allow a filing up to 33 days. This court has jurisdiction to hear Harvey's appeal.
Harvey claims the district court misapplied the Mobile Home Parks Residential Landlord and Tenant Act, K.S.A. 58-25,100 et seq., to the facts of her case. The issue of whether the district court correctly applied the Act requires interpretation of statutory law. This court's review of questions of law is unlimited. See Todd v. Kelly, 251 Kan. 512, 515, 837 P.2d 381 (1992).
Harvey claims that the Act is remedial law and, therefore, this court must liberally interpret it. "'[R]emedial legislation should be "liberally construed to effectuate the purpose for which it was enacted."'" Smith v. Marshall, 225 Kan. 70, 75, 587 P.2d 320 (1978) (quoting Chief Judge Foth's dissent in Smith v. Marshall, 2 Kan. App. 2d 213, 217, 577 P.2d 362, rev'd 225 Kan. 70, 587 P.2d 320 [1978]). "Remedial laws or statutes" are defined as "[l]egislation providing means or method whereby causes of action may be effectuated, wrongs redressed and relief obtained." Black's Law Dictionary 1293 (6th ed. 1990).
Specifically, Harvey maintains she had a viable defense to Midwest's action for forcible detainer under K.S.A. 58-25,125. K.S.A. 58-25,125 states in relevant part:
"(a) Except as provided in this section, a landlord shall not retaliate by increasing rent or decreasing services or by failing to renew a rental agreement after any of the following:
(1) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the mobile home park materially affecting health and safety;
(2) the tenant has complained to the landlord of a violation under K.S.A. 58-25,111; or
(3) the tenant has organized or become a member of a tenant's union or similar organization."
The legislature enacted K.S.A. 58-25,100 et seq. effective January 1, 1993. K.S.A. 58-25,125 parallels K.S.A. 58-2572 of the Residential Landlord and Tenant Act, K.S.A. 58-2540 et seq. Our courts have not had an opportunity to interpret retaliatory eviction under either statute.
Initially, it should be recognized that Harvey had a month-to-month tenancy or a tenancy at will. K.S.A. 58-25,105(d) provides that a month-to-month tenancy shall be terminated by at least 60 days' written notice given by either party. The parties agree that Midwest's termination notice complied with K.S.A. 58-25,105(d).
Harvey has three lines of argument to support her claim of retaliatory eviction:
(1) Under K.S.A. 58-25,125(a)(1), her complaint to the city about health and safety risks because of the water shutoff was the reason for the eviction and, thus, amounted to a retaliatory eviction. Harvey's argument that the interruption of water services to her day care center materially affected the health and safety of the children is not supported by the record. The complaint to the city attorney concerning installation of individual water meters does not constitute a complaint regarding a housing code violation materially affecting health and safety. There is no evidence in the record as to when her water was turned off. Appellant has the burden of establishing a record on appeal to support her allegations of error. See McCubbin v. Walker, 256 Kan. 276, 295, 886 P.2d 790 (1994).
(2) In the alternative, her complaint was one under K.S.A. 58-25,125(a)(2) and, therefore, a protected act. Harvey claims that Midwest did not give 60 days' notice as provided by K.S.A. 58-25,109(f) for a rent increase. The rent increase is claimed as a result of the new water meter installation. A complaint concerning K.S.A. 58-25,109(f) is not a protected act under K.S.A. 58-25,125(a)(2).
(3) Midwest's attorney's comments that Harvey frequently complained show retaliatory motive, though not contemplated under K.S.A. 58-25,125. Harvey claims that Midwest's attorney's comments at trial contending that Harvey is a "nuisance" because of her numerous unfounded complaints shows in itself a retaliatory motive. We find this claim to be without merit.
Harvey further claims that the real issue before this court is how long she "remains under the umbrella of protection" following engagement in protected conduct. Here, she appears to argue that she is still protected from eviction by the acts in case No. 93 LA 7929. She also argues that the notice terminating the tenancy coming less than 30 days after the judgment in 93 LA 7929 is in itself prima facie evidence of retaliatory eviction.
K.S.A. 58-25,125 does not provide any time frame, after a finding of retaliatory eviction that a landlord must wait before giving a new notice of eviction. The Act further does not provide that after a finding of a retaliatory eviction, a landlord must then prove good cause for a subsequent eviction. Harvey asks the court to provide relief in both of these by providing what the legislature did not.
The district court in this case concluded the effect of the court's determination in No. 93 LA 7929 was that "both the tenant and the owner began anew at the conclusion of the hearing on 93 LA 7929." Harvey argues that the landlord must be required to show good cause for eviction to eliminate the presumed retaliatory motive, consistent with K.S.A. 58-25,125(c). We decline Harvey's request to add to the statute what the legislature has not provided. If the legislature wishes to address this issue, it is the proper body to do so. This is relatively new legislation and best left to the body which adopted it to make any changes to it.
Updated:February 21, 1997.
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BRUCE R. HAWKINSON, d/b/a
COMMUNICATIONS WORLD OF KANSAS CITY/LAWRENCE/TOPEKA,
ROBERT E. BENNETT and LINDA K. BENNETT,
Appellants.
1. It is a general rule that attorney fees and expenses of litigation, other than court costs, are not recoverable as an item of compensatory damage, in the same or subsequent action, and are not chargeable as costs against the defeated party, in the absence of a clear and specific statute authorizing such recovery.
2. However, an exception to the rule set out in Syl. ¶ 1 has been recognized in Kansas where the plaintiff has been forced to litigate against a third party because of some tortious conduct of the defendant. The recognized exception is stated as follows: If one's property is taken, injured or put in jeopardy by another's neglect of duty imposed by contract, or by wrongful act, any necessary expense incurred for its recovery, repair, or protection is an element of the injury. It is often the legal duty of the injured party to incur such expense to prevent or limit the damages, and if it is judicious and made in good faith, it is recoverable.
3. It is the duty of the trial court to properly instruct the jury upon a party's theory of the case. Errors regarding jury instructions will not demand reversal unless they result in prejudice to the appealing party. Instructions in any particular action are to be considered together and read as a whole, and where they fairly instruct the jury on the law governing the case, error in an isolated instruction may be disregarded as harmless. If the instructions are substantially correct, and the jury could not reasonably be misled by them, the instructions will be approved on appeal.
4. The term "fiduciary relationship" refers to any relationship of blood, business, friendship, or association in which one of the parties places special trust and confidence in the other. It exists in cases where there has been a special confidence placed in one who, in equity and good conscience, is bound to act in good faith and with due regard to the interest of the one placing the confidence. A fiduciary has the duty to act in good faith and with due regard to the interests of the party placing confidence in the fiduciary.
5. No party may assign as error the giving or failure to give an instruction unless he or she objects thereto before the jury retires to consider its verdict stating distinctly the matter to which he or she objects and the grounds of his or her objection unless the instruction is clearly erroneous. Opportunity shall be given to make the objections out of the hearing of the jury. K.S.A. 60-251(b). An instruction is clearly erroneous when the reviewing court reaches a firm conviction that if the trial error had not occurred there is a real possibility that the jury would have returned a different verdict.
6. If a verdict is attacked on the grounds that it is contrary to the evidence, it is not the function of this court on appeal to weigh the evidence or to pass on the credibility of the witnesses. If the evidence, with all reasonable inferences to be drawn therefrom, when considered in the light most favorable to the successful party, will support the verdict, this court will not intervene.
7. Under Kansas law, collateral estoppel may be invoked where the following is shown: (1) A prior judgment on the merits has determined the rights and liabilities of the parties on the issue based upon ultimate facts as disclosed by the pleadings and judgment, (2) the parties are the same or in privity, and (3) the issue litigated has been determined and necessary to support the judgment.
8. Whether a witness, expert or layman, is qualified to testify as to his or her opinion is to be determined by the trial court in the exercise of its discretion. That discretion is not subject to review except for abuse.
9. Loss of profits to an established business occasioned by the wrongful act of another is compensable and may be awarded in the amount proved by the evidence. Such loss of profits may be awarded as damages when they are proved with reasonable certainty and may reasonably be considered to have been within the contemplation of the parties. Absolute certainty in proving loss of future profits is not required. What is required is that the jury be guided by some rational standard.
10. A person not a party to an express contract may bring an action on the contract if the parties to the agreement intended to benefit the nonparty, provided that the benefit claimed is a direct and not merely an incidental benefit of the contract. While the intent to benefit the nonparty need not be expressly recited in the contract, the intent must be apparent from the terms of the agreement, the surrounding circumstances, or both.
11. Allegations of judicial misconduct during trial must be decided on the particular facts and circumstances surrounding such alleged misconduct. In order to warrant or require the granting of a new trial, it must affirmatively appear that the conduct was of such a nature that it prejudiced the substantial rights of the complaining party. A mere possibility of prejudice from a remark of the judge is not sufficient to overturn a verdict or judgment. If a proper and reasonable construction will render the remark unobjectionable, the remark is not prejudicial.
12. After the jury has retired for deliberation, if it desires further information as to any part of the law or evidence pertaining to the case, it may communicate its request through the bailiff to the court in the manner directed by the court, following which the court, after notice to counsel for the parties, may consider and make such provision for a response to the request of the jury as the court finds to be required under the circumstances. In instances in which the facts were fully disclosed and all that was communicated by the judge to the jury was set forth in the record, and it affirmatively appeared no prejudice resulted from the communication, the irregularity will not be reversible error.
13. The trial judge should admonish the jury pursuant to K.S.A. 60-248(d), whenever the jury is permitted to separate during the trial, but prejudicial error will not be presumed from such failure in the absence of a showing of substantial prejudicial misconduct on the part of the jurors resulting from a failure to give the statutory admonishment. The party claiming prejudice has the burden of proof.
14. Where there has been a renunciation of an executory contract by one party, the other party has a right to elect between the following remedies: (1) to rescind the contract and pursue the remedies based on such a recision, (2) to treat the contract as still binding and wait until the time arrives for its performance and, at such time, to bring an action on the contract for breach, or (3) to treat the renunciation as an immediate breach and sue at once for any damages the party may have sustained.
15. Where the trial court has made findings of fact and conclusions of law, the function of an appellate court is to determine whether the findings are supported by substantial competent evidence and whether the findings are sufficient to support the trial court's conclusions of law. Substantial evidence is evidence which possesses both relevance and substance and which furnishes a substantial basis of fact from which the issues can reasonably be resolved. Stated in another way, substantial evidence is such legal and relevant evidence as a reasonable person might accept as being sufficient to support a conclusion.
Appeal from Johnson district court; GERALD T. ELLIOTT, judge. Opinion filed July 10, 1998. Affirmed.
Stephen J. Dennis, of Dennis, Stanton & Redlingshafer, L.L.C., of Kansas City, Missouri, argued the cause and was on the briefs for appellant Robert E. Bennett.
Gordon M. Rock, Jr., of Olathe, argued the cause and was on the briefs for appellant Linda K. Bennett.
Gordon E. Wells, Jr., of Lathrop & Gage, L.C., of Overland Park, argued the cause, and Marc K. Erickson, of the same firm, was with him on the brief for appellee.
ABBOTT, J.: This is an appeal by Robert Bennett and Linda Bennett, husband and wife, from judgments entered against them and in favor of Bruce Hawkinson for a breach of a third-party beneficiary claim concerning the Master Franchise Agreement, as well as claims for tortious interference with Hawkinson's Sales Franchise Agreement, tortious interference with his prospective business relationships, breach of fiduciary duty, and punitive damages. There are at least 14 issues alleging, among others, claims of erroneous jury instructions, juror misconduct, sufficiency of evidence, and other evidentiary issues.
Communications World International, Inc., (CWI) is a Denver-based telephone interconnect company. Robert and Linda entered into sales franchise agreements with CWI in 1982 and a second sales franchise agreement in 1983. On March 1, 1986, CWI and Robert and Linda entered into an additional agreement called a "Master Franchise Agreement" (Agreement). The first page of this Agreement referred to CWI as "the Franchisor" and Robert Bennett as "the Master Franchisee." Both Robert and Linda signed this Agreement, however, as "the parties hereto," under the lines provided for the signatures for "Master Franchisee." Both Robert and Linda consistently signed correspondence for the Master Franchisee, as exemplified by a letter dated November 4, 1991, to David Hunt, Chairman of CWI. This letter, written by Robert, referred to himself and Linda acquiring the Master Franchise for Kansas City. Robert wrote another letter to Hunt, stating that "Linda and I have met the requirements for productivity, commitment in time, and ethical behavior in the operation of our franchises and Master Franchise."
In addition to operating as the Master Franchisee, Robert and Linda were also sales franchisees of CWI. Linda operated Communications World of Kansas City, Southwest, Inc. (Southwest), and Robert operated Communications World of Kansas City, West, Inc. (West). Two additional franchises were added in the Kansas City area after Robert and Linda began operating Southwest and West. Stormy Bennett, Robert's brother, operated Communications World of Kansas City, North, and Dennis McKee, a friend of Robert's, operated Communications World of Kansas City, Southeast.
Article 9(c) of the Master Franchise Agreement established between CWI and Robert and Linda provides:
"Master Franchisee shall be the exclusive selling party in the areas assigned to it. The Master Franchisee shall have the right to establish Sales Franchisees in the area assigned to it. . . . All payments and royalties will be made to the Master Franchisee and in turn the Master Franchisee will be responsible for making payments and royalties to the Franchisor. The franchise fee payable by the Sales Franchisee will be paid to the Master Franchisee and no royalties are due on receipt of that amount."
Section (9)(c) also states:
"The Master Franchisee is encouraged to recruit salespeople who can develop to become Sales Franchisees, but the activities of the salespeople must not detract from the results of the Sales Franchisees nor hinder the Sales Franchisees from generating sales for their own account. The Master Franchisee will be responsible for insuring that conflicts do not arise between expansion and the rights of the Sales Franchisees."
Article 7 of the Master Franchise Agreement also provides language pertinent to this case:
"Obligation of the Master Franchisee. The Master Franchisee agrees as follows:
a. The Master Franchisee agrees to supply customer training when necessary.
b. The Master Franchisee agrees to supervise the customer list and to assure good referrals.
c. The Master Franchisee agrees to maintain suitable office space for the Business Telephone Center (B.T.C.). The B.T.C. will provide administrative and marketing support for the Master Franchisee and for those Franchises that are established in the Master Franchise area. The function and workings of the B.T.C. are as laid out in the Franchisor's Policies and Procedures Manual, a copy of which the Master Franchisee receives at the signing of this agreement."
On June 1, 1988, Hawkinson and CWI entered into a Sales Franchise Agreement. Hawkinson paid $10,000 as an initial franchise fee. Article 5 of the Sales Franchise Agreement provides that "[i]n the event a Master Franchise is established incorporating the Franchisee's sales area, the Franchisee will order equipment through, and remit payments and reports to the Master Franchise but all of the Franchisees rights pursuant to this Agreement will continue to be upheld by the Franchisor." Article 7(c) of the Sales Franchise Agreement delineates that "[t]he Franchisee agrees to maintain a gross sales figure of Twenty Thousand Dollars ($20,000.00) per month, after the initial ninety (90) days of operation of the franchise." Article 7(f) and 7(g) further describe the relationship between Hawkinson, as sales franchisee, and Robert and Linda as Master Franchisees:
"f. The Franchisee will provide to the Franchisor a monthly accounting of all business transacted and will pay to Franchisor the royalty fee applicable to the previous month's cash receipts. The copies of the detailed accounting sheets and records accompanied by the royalty fee shall be received by the Franchisor by the 10th of the month following the month the receipts are collected. If a Master Franchise is established for the area in which the Franchise operates, the Franchisee will be responsible for supplying the Master Franchise the detailed account records and paying the Master Franchisee the royalty fee. . . .
"The Franchisee shall be responsible for paying for all equipment it purchases (orders) either to the Franchisor (or Master Franchisee if one is established). . . .
"g. The Franchisee will sell only products from suppliers or manufacturers approved by Franchisor. All products must be ordered and all installation work or service calls must be made through the Franchisor or the Master Franchisee, if one is established for the Franchisee's sales area."
On October 8, 1992, counsel for CWI wrote Hawkinson a letter which is critical to many issues of this appeal. The October 8 letter states in pertinent part:
"It has become apparent that there is a current impasse reached by all parties in attempting to resolve recurring problems encountered in the existing franchise relationships. This impasse makes it impossible for CWI to offer the opportunity to participate in the new franchise program in the Kansas City area at this time."
In the October 8 letter, CWI also informed Hawkinson that he was in default of his Agreement and
"[i]n accordance with Article 12 of the Agreement, CWI is entitled to terminate the Agreement twenty (20) days from your date of receipt of this letter. However, CWI will delay enforcing its contractual right to terminate the Agreement and will instead use the next thirty (30) day period, as stated above, to seek an alternative resolution to this matter."
Hawkinson ultimately brought suit against CWI when CWI would not offer him the opportunity to participate in a new franchise program offered to other Kansas City sales franchisees. CWI submitted the following policy in an annual report required under the Securities Exchange Act of 1934, and the arbitrator referred to the new franchise program during the arbitration proceedings:
"In August 1992, the company (CW) instituted a new Franchise program and Franchise Agreement. The company is offering the new Franchise program to all potential or future Franchisees and is offering each eligible existing Franchisee the opportunity to elect, without charge, to participate in the new program. Approximately 97% of the eligible Franchises under the Pre-1992 Franchise program have converted to the current program."
On February 18, 1994, the Johnson County District Court entered a journal entry confirming Hawkinson's arbitration award entered by the American Arbitration Association on November 10, 1993, against defendant CWI. Robert and Linda testified during this arbitration proceeding against CWI, but they were not named as parties to that proceeding.
On January 14, 1993, Hawkinson filed a petition in Johnson County District Court against CWI, Robert, Linda, Southwest, and West for damages and injunctive relief. The court granted Hawkinson's restraining order enjoining certain activities of CWI, Robert, Linda, Southwest, West, and any individual acting on their behalf. On May 31, 1994, the court granted Hawkinson leave to amend his petition to add a claim for punitive damages for breach of fiduciary duty (Count 6) and tortious interference (Count 7) as to defendants Robert and Linda.
In Hawkinson's suit against CWI et al., the court granted defendants' motion as to all claims against the corporate defendants West and Southwest. At the close of defendants' case, the trial judge noted that CWI "is no longer a party to this litigation. And I have made the determination that the evidence did not justify claims against Southwest and West and I dismissed those parties."
This left only Robert and Linda as defendants in the litigation. The trial court submitted Hawkinson's claims of tortious interference to the jury but included only three of the nine prospective business relationships. Thus, an instruction was submitted regarding whether the defendants tortiously interfered with Gilbert-McGill, Unimark, and Meadowbrook. The court ruled that there was insufficient evidence to go to the jury regarding tortious interference with Cub Foods, Pay-Rec Schools, Cintas, Garage Door, Hermes, and Ball's Food. The court, however, submitted all nine business relationships, or prospective business relationships, in the instruction relating to Robert and Linda's fiduciary duty to Hawkinson. Robert and Linda provide an inordinate amount of detail about each of their individual dealings or lack of contact with each separate business entity. They try to show that they did not interfere with at least one of the business relationships for which Hawkinson was awarded damages.
After an 8-day trial, the jury returned a verdict in Hawkinson's favor and against Robert and Linda on all claims submitted. The jury found contractual obligations were owed to Hawkinson as a third-party beneficiary of Robert and Linda's Master Franchise Agreement and awarded him damages in the amount of $66,500.00. The jury also found that Robert and Linda had both breached a fiduciary duty owed to Hawkinson, tortiously interfered with Hawkinson's existing contract with CWI, and interfered with his prospective business relationships. The jury awarded Hawkinson $20,500 in damages for these three findings, attributing $10,250 to Linda and $10,250 to Robert. The jury's verdict included a finding that both Robert and Linda were individually liable for punitive damages.
On January 29, 1996, the matter then proceeded for a determination of the amount of punitive damages to be awarded. The trial court first ruled that "[t]he award of punitive damages in favor of the plaintiff is to be against each defendant separately, not against both jointly and [severally]."
K.S.A. 60-3702 (b)(1) through (b)(7) provide the statutory elements used to determine the amount of punitive damages to be awarded. Under the fifth element of attitude and conduct of the defendants upon discovery of the misconduct, the judge found that
"the defendants Bennett were in fact in a superior position to the plaintiff Hawkinson and that the defendants Bennett intentionally manipulated the rules and their relationship with the franchisor CWI to accomplish their end of attempting to get rid of plaintiff Hawkinson. This is the type of attitude which the Court believes the legislature had in mind as being relevant to the assessment of punitive damages."
Ultimately, the trial court assessed punitive damages in the amount of $20,000, in favor of the plaintiff and against Robert, and punitive damages in the amount of $10,000 against Linda.
Robert and Linda timely appealed to the Court of Appeals. The case was transferred to this court pursuant to K.S.A. 20-3018(c).
I. ARBITRATION EXPENSES
Hawkinson's petition for damages and injunctive relief requested attorney fees and costs. In his affidavit, Hawkinson stated that in order to prevent termination of his sales franchise and to preserve his investment in his sales franchise, he was "forced to incur significant expenses since the date of a purported notice of default from Communications World International, Inc. dated October 8, 1992." He also maintained that since CWI's notice of his default, "I have incurred legal fees in excess of $94,000 in connection with arbitration and related proceedings and have incurred expenses for depositions, travel, arbitration fees, and other matters in an amount in excess of $18,000 in connection with my efforts to preserve my franchise."
Robert and Linda assert the trial court erred in submitting a $33,137.95 claim against them for Hawkinson's attorney fees, expenses, and lost time incurred in arbitration against CWI, because such damages are not recoverable as a matter of law. Linda contends that under the well-established general rule, attorney fees are not allowable as damages in the absence of a statute authorizing their recovery. She cites to Lines v. City of Topeka, 223 Kan. 772, 577 P.2d 42 (1978), as authority for this statement.
In Lines, this court affirmed the trial court's grant of summary judgment for plaintiff who had been terminated as a building inspector for the City of Topeka. The Lines court held that under the doctrine of equitable estoppel, the City was estopped from dismissing plaintiff from his position because the commissioners led plaintiff to believe that he would not lose his job due to a question of whether he was actually a Topeka resident, until the city attorney's office drafted an ordinance defining "residence." 223 Kan. at 774. Plaintiff contended that he should have been granted attorney fees as costs in the action he was forced to bring for his reinstatement.
The Lines court ruled that "[g]enerally, attorney's fees are not allowable as damages in the absence of a statute. (Will v. City of Herington, 205 Kan. 422, 424, 469 P.2d 256 [1970]; Barten v. Turkey Creek Watershed Joint District No. 32, 200 Kan. 489, 510, 438 P.2d 732 [1968)]; Ablah v. Eyman, 188 Kan. 665, 682, 365 P.2d 181 [1961].)" 223 Kan. at 782. She neglected, however, to include the next sentence of the paragraph she cited in support of the "well-established general rule," wherein the Lines court explained:
"Exercising its equity jurisdiction this court has on occasion taken exception to this rule. In Barten, this court approved an allowance of attorney's fees on the theory the District had acted in 'bad faith.' Plaintiff urges us to award fees here on the same theory. We have examined the record and conclude the case before us does not compare with Barten. The mere fact a party loses a lawsuit does not justify imposing attorney's fees upon him as costs. Likewise, there is no showing the city was totally unreasonable in its acts under all the circumstances. The district court was correct in denying attorney's fees." 223 Kan. at 782.
Barten v. Turkey Creek Watershed Joint District No. 32, 200 Kan. 489, 491, 438 P.2d 732 (1968), involved the question of whether a General Plan of financing, adopted by the board of directors of the Watershed District (the District), was lawful and whether it was proper for the trial court to allow attorney fees to the plaintiffs' attorneys. Plaintiffs included landowners in the District and the county attorney of Dickinson County. The appropriate percentage of District landowners filed a petition with the secretary of the board of directors of the District, in accordance with K.S.A. 24-1215. It thereby became the duty of the board to submit the question of adoption of the General Plan to the qualified voters of the District. The District, however, refused to call the election, and plaintiffs claimed this refusal forced them to bring a proceeding to enforce the District's compliance with the law. Therefore, plaintiffs requested judgment against the District and reasonable attorney fees for the prosecution of this action. The Barten court held:
"It is a general rule that attorneys' fees and expenses of litigation, other than court costs, are not recoverable as an item of compensatory damage, in the same or subsequent action, and are not chargeable as costs against the defeated party, in the absence of a clear and specific statute authorizing such recovery. (Ablah v. Eyman, 188 Kan. 665, 682, 365 P.2d 181, 90 A.L.R. 2d 766.)
"The provisions of 60-802 (c), supra, are substantially the same as G. S. 1949, 60-1710 in the old code of civil procedure, and its predecessor, L. 1909, ch. 182, § 723. Judge Gard, (Gard, Kansas Code of Civil Procedure Annotated, § 60-802c, p. 611) says this subsection is in keeping with the Kansas decisions and the law generally that on judgment for the plaintiff in a mandamus action, he may in the same proceeding recover such damages as he has actually sustained through the wrongdoing of the defendant. The damages recoverable are the injuries sustained as the natural and probable consequences of the wrongful refusal to comply, and the expense reasonably and necessarily incurred in compelling compliance, including reasonable attorneys' fees. [Citations omitted.]" 200 Kan. at 510.
Linda attempts to distinguish Barten from the case at hand. She asserts that the Barten court applied a historically recognized exception permitting recovery of attorney fees in mandamus proceedings to compel a public official or a public body that in bad faith refused to perform its duty. She insinuates the Lines court denied plaintiff's attorney fees because Lines was not a mandamus case.
The CWI/Hawkinson sales agreement did not make arbitration optional, such that Hawkinson "elected" to arbitrate instead of proceeding directly to district court. Article 15(h) of the CWI/Hawkinson's Sales Franchise Agreement made arbitration mandatory in the event of controversy.
The following cases recognize the exception to the general rule that attorney fees are not recoverable: McOsker v. Federal Insurance Co., 115 Kan. 626, 224 Pac. 53 (1924) (attorney fees incurred by plaintiffs insurance purchasers in defending actions brought against them by a third party on notes for insurance premium were recoverable against the insurance company in a subsequent action); First National Bank v. Williams, 62 Kan. 431, 63 Pac. 744 (1901) (bank which had brought an action against writer of a bad check was entitled to recover attorney fees the bank expended in a previous suit with a third party regarding the enforceability of the bad check); see Wilshire Oil Company of Texas v. Riffe, 409 F.2d 1277, 1285 (10th Cir. 1969); Safway Rental & Sales Co. v. Albina Engine & Machine Works, 343 F.2d 129, 133 (10th Cir. 1965).
The case of Duggan v. Rooney, 749 F. Supp. 234 (D. Kan. 1990), involved an appeal of a summary judgment motion, finding in favor of plaintiff and against Massachusetts Mutual Life Insurance Company. The plaintiff (Duggan) contended that Rooney's failure to be a licensed insurance agent in the state of Kansas, as provided under K.S.A. 40-244, when he solicited the decedent, constituted a breach of legal duty owed to Duggan. Plaintiff asserted that if Rooney had been properly licensed, she would not have been forced to sue on the conditional receipt to recover the insurance proceeds. The Duggan court stated:
"The general rule regarding recovery of attorneys' fees is that 'in the absence of any contractual or statutory liability therefor, counsel fees and related expenses are not recoverable as an element of damages.' Wilshire Oil Co. v. Riffe, 409 F.2d 1277, 1285 (10th Cir. 1969); Farmers Cas. Co. v. Green, 390 F.2d 188, 192 (10th Cir. 1968) ('under Kansas law and traditionally, attorneys' fees can be awarded only if provided for by contract or authorized by statute').
"However, an exception to this rule has been recognized in Kansas where the plaintiff has been forced to litigate against a third party because of some tortious conduct of the defendant. The recognized exception is stated as follows:
'If one's property is taken, injured or put in jeopardy by another's neglect of duty imposed by contract, or by his wrongful act, any necessary expense incurred for its recovery, repair or protection is an element of the injury. It is often the legal duty of the injured party to incur such expense to prevent or limit the damages; and if it is judicious and made in good faith, it is recoverable, though abortive.' [Citation omitted.]" 749 F. Supp. at 241.
The arbitration with CWI was a foreseeable, natural, and proximate consequence of Robert and Linda's conduct. Robert and Linda were CWI's largest producers and acted in concert with several other large producers, when they wrongfully withheld royalties for several months demanding that CWI terminate Hawkinson's franchise.
On October 8, 1992, CWI sent Hawkinson a letter, which Hawkinson deems a notice of default and termination letter. The letter excludes him from "the opportunity to participate in the new franchise program in the Kansas City area at this time." Other parts of this October 8 letter are important to this issue, as well as to Robert and Linda's assertion that the Agreement between Hawkinson and CWI was never actually breached. This letter also stated:
"[I]t is apparent that it is not in the best interest of any of the involved parties to attempt to maintain the franchise relationship as reflected by your current Agreement. If that relationship was working and if it was your desire to do so, CWI would continue to honor the Agreement. As you are aware, however, that relationship is not working, nor does it seem to be your desire to continue operating under that Agreement. Records show that you are not fulfilling your obligations under the Agreement in terms of deficiencies in meeting the stated productivity levels and deficiencies in payments owed to the Master Franchisee.
"CWI regrets that the proposed resolution to this matter must necessarily involve the suggestion that your franchise be cancelled. However, as you are well aware, CWI has exhausted all other possibilities of resolving the disputes which have continually plagued your relationship with Mr. Bennett, who, as a Communications World franchisee, has been delegated certain responsibilities and has assumed certain rights of CWI under your Agreement. CWI is not in a position where it can arbitrarily prefer the interests of one franchisee over another. CWI's records show that you are in default of your Agreement, as mentioned above, and that Mr. Bennett is not in breach of his Master Franchise Agreement with CWI. In addition, contrary to the claims contained in your various letters to CWI, there has been no breach of the Agreement by CWI, itself, or by and through its Master Franchisee. Rather than revisit CWI's response to your claims of breach, I would refer you to the letter written to you on August 8, 1992, by Tony Hildebrand, Vice President - Franchising of CWI. I believe that letter quite clearly states CWI's position with respect to the ongoing problems which you have encountered and makes it clear that none of your complaints constitute a breach by CWI of the Agreement.
"In contrast, you are in breach of the Agreement by failing to maintain gross sales figures of $20,000 per month (Sections 7.c. and 12.b.); by repeatedly failing to make proper royalty payments to the Master Franchisee (Sections 7.f., 8.a. and 12.a.); and by selling products and equipment obtained from suppliers or manufacturers not approved by CWI and by failing to consistently utilize the Master Franchisee for installation and service work (Sections 7.g. and 5). In accordance with Article 12 of the Agreement, CWI is entitled to terminate the Agreement twenty (20) days from your date of receipt of this letter. However, CWI will delay enforcing its contractual right to terminate the Agreement and will instead use the next thirty (30) day period, as stated above, to seek an alternative resolution to this matter.
"With that being said, CWI is hopeful that all parties can move beyond what has proven to be an insurmountable problem with the existing franchise relationships in the Kansas City area. Failing that, CWI stands ready to abide by and enforce the Agreement which it has executed with you and you will be expected to cure the above-noted deficiencies under your Agreement."
Under the Hawkinson/CWI Sales Franchise Agreement, Hawkinson did not have the option of bypassing arbitration; arbitration was mandatory. Article 15(h) of the Hawkinson/CWI Sales Franchise Agreement provided that "[a]ny controversy which may arise between the parties pursuant to this Agreement shall be settled by arbitration in Denver, Colorado in accordance with the rules of the American Arbitration Association." (Emphasis added.) Kansas law, as well as Colorado law, recognizes that a plaintiff can recover attorney fees under such circumstances.
The arbitration proceeding was a result of Robert and Linda's wrongful acts of trying to force CWI to terminate Hawkinson's franchise. Consequently, the trial court did not err in awarding attorney fees on the basis of the third-party beneficiary exception.
II. SEPARATE CLAIMS
Robert and Linda claim they were prejudiced by the jury instructions partially because they claim the trial court should have submitted the claims against Linda and Robert separately.
A. Standard of review
In Noel v. Pizza Management, Inc., 258 Kan. 3, 12, 899 P.2d 1013 (1995), the court stated the well-established rules governing the standard of appellate review of alleged errors in jury instructions:
"'It is the duty of the trial court to properly instruct the jury upon a party's theory of the case. Errors regarding jury instructions will not demand reversal unless they result in prejudice to the appealing party. Instructions in any particular action are to be considered together and read as a whole, and where they fairly instruct the jury on the law governing the case, error in an isolated instruction may be disregarded as harmless. If the instructions are substantially correct, and the jury could not reasonably be misled by them, the instructions will be approved on appeal.' Cerretti v. Flint Hills Rural Electric Co-op Ass'n, 251 Kan. 347, 353, 837 P.2d 330 (1992)."
Also, "'jury instructions are to be considered together and read as a whole, without isolating any one instruction.'" Cott v. Peppermint Twist Mgt. Co., 253 Kan. 452, 490, 856 P.2d 906 (1993) (quoting Cerretti v. Flint Hills Rural Electric Co-op Ass'n, 251 Kan. 347, 355, 837 P.2d 330 [1992]). Further, "[i]f the jury instructions, read as a whole, fairly instruct the jury on the law governing the case, are substantially correct, and the jury could not reasonably be misled by them, the instructions will be approved on appeal." In re Application of the City of Great Bend for Appointment of Appraisers, 254 Kan. 699, 713, 869 P.2d 587 (1994). Instructions Nos. 11 and 12 are pertinent jury instructions to be taken into consideration in determining whether the instructions fairly instructed the jury on the law overall, and whether the jury could not reasonably have been misled by them. Instruction No. 11 stated:
"The plaintiff, Bruce R. Hawkinson, claims he was damaged by the following actions of the defendants: (1) breach of a contract for which he was a third party beneficiary; (2) tortious interference with contract; (3) tortious interference with prospective business relationship; and (4) breach of fiduciary duty.
"The plaintiff has the burden to prove that it is more probably true than not that he sustained damages as a result of any one or more of the above listed actions of the defendants."
Instruction No. 12 stated in part:
"Defendants deny that they have tortiously interfered with the contractual relationship between plaintiff and Communications World International. Defendants further deny that they have tortiously interfered with any existing or prospective business advantage or relationship of plaintiff.
"Defendants contend that all actions they have taken with respect to plaintiff have been justified under all of the circumstances. Defendants have the burden to prove that it is more probably true than not that they were justified.
"Defendants deny that a fiduciary relationship has ever existed between themselves and plaintiff, and further deny that they have breached any fiduciary duty they may have owed to plaintiff.
"Defendants deny the existence, nature and extent of plaintiff's claimed damages."
B. Tortious interference with Hawkinson's prospective business relationships
The argument here is that Robert and Linda should have had instructions that made it clear that they were separate entities since both of them did not have contact with all the businesses, i.e., Linda claims to have had no contact with seven of the businesses and Robert with three of the businesses. As we view Instruction No. 20, it does not require a finding that Robert or Linda tortiously interfered with each of Hawkinson's prospective business relationships. Its wording allows the jury to determine whether there was tortious interference with a prospective business relationship. Further, before the jury could award damages for tortious interference with a prospective business relationship, it had to find the existence of a business relationship or expectancy with the probability of future economic benefit to Hawkinson. The instruction allowed the jury to find tortious interference with any of the three prospective business relationships. Linda does not deny that she had dealings with Unimark, and Robert does not deny that he had dealings with Gilbert-McGill or Meadowbrook. When the instructions are considered as a whole, the instructions were not erroneous.
C. Claim for breach of fiduciary duty
Robert and Linda contend that there is no evidence to support Instructions Nos. 22 or 23. Instruction No. 22 stated:
"The plaintiff's fourth claim is that a fiduciary relationship existed between the plaintiff and the defendants Robert and Linda Bennett, as Master Franchisees, and that the defendants breached their fiduciary duty in one or more of the following respects:
1. By failing to properly support, assist and help plaintiff as a Sales Franchisee;
2. Efforts by defendants to obtain the termination of plaintiff's sales franchise;
3. Encouraging CWI to declare Mr. Hawkinson in default;
4. By interfering with the following existing and prospective customers of plaintiff: Gilbert-McGill, Unimark, Meadowbrook, Cub Foods, Ray-Pec Schools, Cintas Corp., Garage Door Co., Hermes and Ball's Foods;
5. By denying plaintiff the right to future business as provided in his contract with CWI;
6. Unilaterally withdrawing and withholding valuable discounts and special terms from plaintiff;
7. Acting contrary to CWI's Sales Franchisee Policy and Procedure Manual and by creating their own 'guidelines'.
"It is for you to determine whether a fiduciary duty existed and if so, whether it was breached as alleged."
Instruction No. 23 explained:
"The term 'fiduciary relationship' refers to any relationship of blood, business, friendship or association in which one of the parties places special trust and confidence in the other.
"It exists in cases where there has been a special confidence placed in one, who, in equity and good conscience, is bound to act in good faith and with due regard to the interest of the one placing the confidence.
"A fiduciary has the duty to act in good faith and with due regard to the interests of the party placing confidence in him."
Linda argues that these instructions allowed the jury to consider Hawkinson's claim for breach of fiduciary duty, based in part on the interference with all nine of the alleged customers or prospective customers. Thus, Linda argues that these instructional errors permitted the jury to consider wholly unsubstantiated submissions as to Robert and Linda.
The trial judge allowed all nine of Hawkinson's alleged prospective business relationships to be included in the instruction dealing with whether there was a fiduciary duty between Hawkinson and Robert and Linda, as Master Franchisees. Inclusion of prospective customers with whom either Robert and/or Linda may have had no individual dealings presents different considerations in terms of fiduciary duty than with the tortious interference instructions.
Both Linda and Robert had a fiduciary obligation to Hawkinson. The trial court found as a matter of law that Robert and Linda owed Hawkinson the duties of a fiduciary. Therefore, even if Robert and/or Linda did not deal with a prospective customer, they were liable for one another's acts in terms of their actions as Master Franchisee and in their roles as fiduciaries.
D. Claim for tortious interference with the Sales Franchise Agreement
Linda also argues that because there was no determination that either she or Robert was responsible for one another's conduct, it was error for the court to submit Instructions Nos. 17 and 18, which allowed the jury to consider the conduct of one defendant in determining liability for Hawkinson's claim of tortious interference with the Sales Franchise Agreement. Linda tries to refute the fact that the jury answered questions on the verdict form indicating it found both Linda and Robert liable, by arguing that without the improper submissions, the jury would never have considered loss of profits or future profits with the alleged improper prospective customer claims, or mutual responsibility for damages arising from the tortious interference with the Sales Franchise Agreement. Furthermore, she also alleges that these improper submissions allowed the jury to find both Robert and Linda liable for punitive damages.
Hawkinson first asserts that Robert and Linda failed to provide any citation to the record demonstrating that either Robert or Linda timely objected to any of the instructions on the basis that the defendants should be referred to separately as Linda and Robert and not joined as "the defendants." They also never specifically objected to the fact that separate instructions were not generally given as to Robert and Linda. Robert and Linda objected to nearly every instruction given, but the only instance of a specific objection to the instructions' referral to Robert and Linda as "defendants" was an objection that the word "misconduct" in Instruction No. 20 "ought to be divided."
We hold Robert and Linda failed to object to the complained-of jury instructions with sufficient specificity to preserve the objection for appeal, and the jury instructions are not clearly erroneous. K.S.A. 60-251(b) provides:
"No party may assign as error the giving or failure to give an instruction unless he or she objects thereto before the jury retires to consider its verdict stating distinctly the matter to which he or she objects and the grounds of his or her objection unless the instruction is clearly erroneous. Opportunity shall be given to make the objections out of the hearing of the jury."
This court defined a clearly erroneous instruction in Nail v. Doctor's Bldg., Inc., 238 Kan. 65, 67, 708 P.2d 186 (1985): "An instruction is clearly erroneous when the reviewing court reaches a firm conviction that if the trial error had not occurred there was a real possibility that the jury would have returned a different verdict."
When the instructions cited by Robert and Linda as erroneous are read in conjunction with the verdict form, it is clear that the jury had to establish that the tort liability of Linda and Robert was separate. Before the jury could enter a verdict against either Robert or Linda for any of the alleged torts, the jury was required to determine that the specific defendant committed the specific tort. Also, the verdict form prevented confusion by requiring the jury to separate and attribute any tort damages between the two individuals. The verdict form stated the following questions, to which the jury answered "yes" to all of the questions or submitted damage amounts where appropriate:
"1. Do you find that the defendants Robert and Linda Bennett, breached contractual obligations owed to the plaintiff as a third party beneficiary?"
"2. If your answer to question one is yes, state what total amount of damages, if any, you find plaintiff [Hawkinson] sustained due to the breach.
$ 66,500"
"3. Do you find that the defendant Robert Bennett breached a fiduciary duty owed to the plaintiff?"
"4. Do you find that the defendant Linda Bennett breached a fiduciary duty owed to the plaintiff?"
"5. Do you find that the defendant Robert Bennett tortiously interfered with plaintiff's existing contract with Communications World International, Inc.?"
"6. Do you find that the defendant Linda Bennett tortiously interfered with plaintiff's existing contract with Communications World International, Inc.?"
"7. Do you find that the defendant Robert Bennett tortiously interfered with plaintiff's prospective business relationships?"
"8. Do you find that the defendant Linda Bennett tortiously interfered with plaintiff's prospective business relationships?"
"9. If you have answered 'Yes' to any one or more of questions three through eight inclusive state what total amount of damages, if any, you find plaintiff sustained as a result.
$20,500"
"10. Of the damages, if any, set out in your answer to question nine, state the amount attributable to the actions of:
Robert Bennett $10,250
Linda Bennett $10,250
(The amount attributable to Robert Bennett and the amount attributable to Linda Bennett, when totaled together must be the same as the amount set out in your answer to question nine.)
"The amount of actual damages, if any, set out in your answers to questions two and nine, when totaled together cannot exceed the total amount of plaintiff's claim, as you were instructed in Instruction No. 24."
"11. Do you find that defendant Robert Bennett should be liable for punitive damages?"
"12. Do you find that defendant Linda Bennett should be liable for punitive damages?"
Thus, the verdict form allowed the jury to clearly decide whether Robert or Linda had individually breached a fiduciary duty.
Both Robert and Linda signed the Master Franchise Agreement. Therefore, a valid argument exists that they are jointly liable. In fact the judge gave an instruction stating that "[w]hen two or more persons have joined in obligating themselves by contract, each person is wholly liable." Both Robert and Linda signed the agreements for the franchises, West and Southwest.
The trial court and the jury heard the evidence and analyzed the credibility of the witnesses. After the 8-day trial, the jury found that Robert and Linda were both liable for tortious interference with some of Hawkinson's proposed or actual customers, that they were both liable for breach of fiduciary duty, and that they were both liable for punitive damages.
"If a verdict is attacked on the grounds that it is contrary to the evidence, it is not the function of this court on appeal to weigh the evidence or to pass on the credibility of the witnesses. If the evidence, with all reasonable inferences to be drawn therefrom, when considered in the light most favorable to the successful party, will support the verdict, this court will not intervene." Cott v. Peppermint Twist Mgt. Co., 253 Kan. 452, Syl. ¶ 4, 856 P.2d 906 (1993).
The jury instructions, read as a whole, fairly instructed the jury on the law governing the case, were substantially correct, and the jury could not reasonably have been misled by them. We find no error.
III. POSSIBILITY OF DUPLICATIVE DAMAGES
Robert and Linda are claiming that the verdict form improperly permitted the jury to assess duplicative damage awards for interference with Hawkinson's customers or prospective customers, under both contract and tort theories.
Robert and Linda cite State ex. rel. Stephan v. GAF Corp., 242 Kan. 152, 747 P.2d 1326 (1987), as authority that a plaintiff is only entitled to one recovery for a wrong, regardless of the number of legal theories he or she is permitted to pursue. In GAF Corp., the State brought an action against GAF, alleging that it had committed breach of express warranty, negligence, and fraud in connection with GAF's actions involving the construction of a roof for a new state building called the Flint Hills Lodge, a building for the Kansas Neurological Institute in Topeka. A GAF specification was used in constructing the new roof and the roof was built by a general contractor approved as a GAF roof installer. After the installation, GAF inspected and approved the roof and issued a written 10-year guarantee. Almost immediately after completion, the roof leaked profusely. GAF refused to accept responsibility for the leaks, and the State had to install a new roof. GAF Corp., 242 Kan. at 153-54.
At trial, the jury was provided with specific instructions on fraud and fraud by silence. The jury found GAF guilty of fraud and awarded actual damages of approximately $70,000, as well as punitive damages in the amount of $1,000,000. One of GAF's complaints on appeal was that the trial court erred in not requiring the State to elect between its contract and tort theories. The GAF Corp. court held that an election of claims is required only when the claims are inconsistent; claims are inconsistent where one claim alleges what the other denies. Stated another way, the allegations in one claim must be repugnant to the other. Thus, the GAF Corp. court held that "[t]he jury in this case found that GAF breached the terms of its express warranty to the State. It also found that GAF was guilty of negligence. Only one recovery of actual damages was sought or permitted. The trial court did not err in failing to require an election." 242 Kan. at 160. GAF further contended that "the trial court erred in the verdict form submitted since it did not adequately set forth the appropriate basis for recovery upon the alternative theories of negligence and contract." 242 Kan. at 160. The GAF Corp. court found this assertion unconvincing and held that
"under the circumstances of this case, the inadequacies of the verdict form were harmless. The case was presented on the theories of breach of express contract, negligence, and fraud. The jury specifically found that GAF breached its written guaranty contract, that it was negligent, and that it was guilty of fraud. The verdict form permitted only one recovery, and there is no contention by the appellant that the various amounts of actual damages sought were not properly recoverable on the theory of negligence. GAF argues that consequential damages were not recoverable for a breach of its express written warranty, and that the jury should have been specifically instructed and required to find the damages recoverable for breach of express warranty. If the jury had found breach of warranty but no negligence, appellant's complaint would have merit. However, considering all of the findings of the jury, we find no error." 242 Kan. at 160.
Robert and Linda never specifically objected to the verdict form as duplicative. As a result, the clearly erroneous standard applies.
The case at hand is distinguishable from the GAF Corp. case. In GAF Corp., all of the alleged wrongs flowed from the one act of installing the roof. This act led to various claims on different theories, and plaintiff was allowed to submit the various theories, but was only allowed to collect damages for one theory. In this case, there was a variety of distinct wrongful acts that Robert and Linda allegedly committed, aside from merely interfering with Hawkinson's existing or prospective customers. Robert and Linda's interference with Hawkinson's existing or prospective customers was only one of many reasons asserted for their breach of contractual obligations owed to Hawkinson as a third-party beneficiary of the Master Franchise Agreement between CWI and Robert and Linda. For example, Hawkinson presented evidence that Robert and Linda wrote numerous letters to CWI urging CWI to terminate Hawkinson's franchise. Also, there was testimony that the Master Franchise was not fulfilling its obligations to help sales franchisees, such as Hawkinson. It is impossible to determine what reason or reasons the jury used to determine that Robert and Linda owed Hawkinson damages because they breached contractual obligations owed to Hawkinson as a third-party beneficiary.
The jury could have used many reasons to reach its conclusions regarding damages on the contract claim, aside from Robert's and Linda's alleged conduct constituting interference with Hawkinson's existing or prospective customers. The jury instructions and the verdict form, when read as a whole, fairly instructed the jury on the law governing this case. Therefore, the trial court did not err in allowing the jury to assess damages on both theories.
IV. RES JUDICATA OR COLLATERAL ESTOPPEL
The arbitrator specifically found:
"CW has condoned the conduct of its agent, Bennett, in acquiring customers solicited by Hawkinson and is therefore responsible for damages asserted. Direct and cross-examination of witnesses sustain a factual determination that 'lost' accounts include Gilbert/McGill, who Hawkinson determined would be moving to his territory and who advised Bennett that they were already in discussions with Hawkinson; Unimark, a former Executone Franchise customer of Hawkinson which Linda Bennett ultimately acquired; and, Meadowbrook, with CW (through Aletha Zens) suggesting that the profit be split, with customer designation being that of Hawkinson until the President of CW interceded and decided that Bennett should receive the customer. Other 'customers' are too speculative and there is no certainty warranting a finding of fact. The process which Hawkinson has used to project future losses, although thoughtful, cannot be accepted as factual due to the rapidly changing marketplace, lack of customer loyalty, and speculative nature as to level of profits. Other matters involving damages apply not to CW, but rather Bennett directly as to be determined by the Court system in Kansas."
The findings and awards of the arbitrator also included:
"CW attempted to terminate the relationship between itself and Hawkinson based upon items of default under the Agreement. Hawkinson fully admits and the Arbitrator finds that Hawkinson did not meet a sales quota of $20,000.00 per month, nor did he pay invoices within 15 days on a regular basis, two (2) reasons given by CW for justifying termination of contract. Hawkinson denied the other significant allegation of CW that he failed to devote his principal efforts to his own sales territory. During the course of the Arbitration, counsel for CW and Hawkinson stipulated that Hawkinson was not restricted to his sales area, he could sell outside of his territory; Claimant was to place primary emphasis within his own territory. At issue is whether or not this conduct constitutes a breach of the Agreement between the parties; and, whether CW has waived its right to declare a default based upon historical perspective and a 5 year relationship between CW and Hawkinson.
"Hawkinson had discussions with Aletha Zens, the Director of Franchise Relations of CW, who advised him that no Franchisee had ever been dismissed (contract terminated) for failing to obtain the sales goal of $20,000.00 per month. Ms. Zens did affirm the conversation in her testimony. Tony Hildebrand, Vice President for Franchising at CW had been a part of the franchise system for several years as a Master and had Franchises which did not meet the $20,000.00/month sales goal; none of them had been defaulted. Furthermore, under the new system, the sales goal has been eliminated as well as the concept of exclusive territories. Hildebrand also followed the CW policy of 30 day payment of invoices unlike the Bennetts who instituted their own 15 day limit.
"The Master Franchisee was a 'family affair' in that Robert and Linda Bennett (husband and wife) were involved as the Master Franchisee, both Bennetts initially had their own individual Franchises under the Master; Stormy Bennett (Bob's brother) had another Franchise under the Master; another of Bob's brothers was initially involved with Stormy; and, the key employees of the Master were intertwined--Sharon and Karen are sisters, Cindy is a roommate of Karen, and the Bookkeeper (Pam Meek) is the sister-in-law of Sharon. Over the years, all 'non-family' franchisees, people such as Hawkinson, dropped out of the Kansas City Master Franchise except for Hawkinson. The Bennetts have no desire or intent to add to their Master Franchise any additional Franchisees; and, the Bennetts have a strong desire to remove Hawkinson from the system. CW has been advised of the position of Bennett and requested to remove him, even though the contract is only between Franchisor and the Franchisee. CW took no action as against Hawkinson (who almost never reached the $20,000.00/month goal) until Bennett requested his removal for default. Bennett affirmed in his testimony that he was one of the largest sales producers, owner of 45,000 shares of stock in CW, and that 'CommWorld is family.'
" . . . Mr. Hildebrand confirmed that he was not aware of any other Franchisee who had been terminated for default since new management had been inserted into positions at CW in late 1991/early 1992. In CW's response to Plaintiff's First Interrogatories (Exhibit C-49) Question #3 requires identification of Sales Franchisees who have been terminated by CW solely for failure to maintain gross sales of $20,000.00 per month. The response was that no Franchisee has ever been terminated solely for this reason. Current CW President, Richard Olson testified that to his knowledge Hawkinson is the only Franchisee declared in default, and that 95% of the former Franchisees are now under the new Agreement where the $20,000.00 per month goal is no longer required. CW requires invoices be paid within 30 days; the 15 day rule is that procedure implemented by Bennett. Hawkinson did not make payments consistently within 15 days, but all of his payments were made within 30 days.
"The Arbitrator does find that CW had consistently waived any requirement of a $20,000.00 goal; and, that the 15 day invoice concept was not a significant issue for CW. Furthermore, Hawkinson did in fact expend his principal efforts toward the geographic territory assigned to him, although he did have a greater measure of success in geographical locations outside of his assigned territory. The Bennetts and Hawkinson are engaged in a significant pattern of harassment, one as against the other, through conduct of Bennetts and through an explosion of paperwork by Hawkinson."
Therefore, the arbitrator made an award
"in favor of Claimant, Bruce R. Hawkinson, as against Respondent, Communications World International, Inc. in an amount of $35,635.67. Furthermore, Hawkinson is determined to be an 'eligible existing Franchisee' and may elect, without charge, to take advantage of the opportunity to participate in the new franchise program. Should Hawkinson choose this option, CW shall accept him into the new program. This Award is in full settlement of all claims submitted to this Arbitration."
Robert and Linda claim that the trial court erred in admitting evidence, over their objection, and in submitting Hawkinson's damage claims based on interference with his customers or proposed business relationships because such claims are precluded by the doctrine of res judicata or the rule of collateral estoppel. Robert and Linda assert that they are the subject of Hawkinson's prior arbitration award against CWI and cite the section of the arbitration proceeding wherein the arbitrator found that CWI "had condoned the conduct of its agent, Bennett, in acquiring customers solicited by Hawkinson and is therefore responsible for damages asserted." Thus, they argue that the arbitrator's finding of liability on the issue of customer interference was based on agency principles, and not CWI's independent conduct.
Robert and Linda cite Jackson Trak Group, Inc. v. Mid States Port Authority, 242 Kan. 683, 751 P.2d 122 (1988), as authority that the doctrine of claim preclusion, or res judicata, prevents parties from relitigating a cause of action that has been finally adjudicated. In Jackson Trak Group, Inc., Mid States Port Authority (Mid States) was an operator of a short line railroad in Northwest Kansas. Jackson Trak Group, Inc., (Jackson Trak) constructed and rehabilitated railroad track. Mid States and Jackson Trak entered into three separate contracts to rehabilitate portions of Mid States' lines. All three contracts bound the parties to mandatory arbitration. After notifying Jackson Trak that its work was defective, Mid States filed an action in the Phillips County District Court for possession of Jackson Trak's equipment. Prior to receiving judicial approval, Mid States seized Jackson Trak's equipment. Jackson Trak subsequently filed an application for mandatory injunction and replevin of property but specifically reserved the right to determine the issue of defective work in an arbitration proceeding. The Phillips County District Court ruled that Mid States had seized Jackson Trak's equipment following the contractual procedure but refused to determine issues subject to arbitration under the contracts. Jackson Trak Group, Inc., 242 Kan. at 683-86.
Jackson Trak then initiated arbitration proceedings, and Mid States objected to the arbitrators' power to award damages for "conversion" of Jackson Trak's equipment because that issue had already been decided by the Phillips County District Court. The arbitrators found for Jackson Trak on all issues and awarded damages. The Sedgwick County District Court affirmed the arbitration award and Mid States appealed the confirmation order asserting various issues, including a claim that the district court had no jurisdiction to award damages for Mid State's seizure of Jackson Trak's equipment because that issue had already been decided by the Phillips County District Court. Jackson Trak Group, Inc., 242 Kan. at 687-88.
The Jackson Trak Group, Inc. court held that res judicata did not apply to bar the district court's affirmation of the arbitration award and went on to discuss the elements of res judicata. The court first noted that the doctrine of res judicata has two aspects: claim preclusion and issue preclusion and stated that under the claim preclusion aspect of res judicata:
"An issue is res judicata when four conditions concur: (1) identity in the things sued for, (2) identity of the cause of action, (3) identity of persons and parties to the action, and (4) identity in the quality of the persons for or against whom the claim is made. [Citation omitted.]" 242 Kan. at 690.
The Jackson Trak Group, Inc. court also stated:
"Under Kansas law, collateral estoppel may be invoked where the following is shown: (1) a prior judgment on the merits which determined the rights and liabilities of the parties on the issue based upon ultimate facts as disclosed by the pleadings and judgment, (2) the parties must be the same or in privity, and (3) the issue litigated must have been determined and necessary to support the judgment. [Citation omitted.]" 242 Kan. at 690-91.
In order to invoke the doctrine of res judicata or collateral estoppel, all of the elements must be met. Robert and Linda fail the first element of res judicata because Hawkinson was suing to prevent CWI from terminating his franchise. Even if Robert and Linda were deemed parties to the action, they were not involved in the CWI/Hawkinson arbitration to prevent CWI from terminating Hawkinson's franchise. Thus, they did not have identity of the cause of action. In fact, the arbitrator, and the jury in this case, found the opposite proposition was true: Robert and Linda were attempting to force CWI to terminate Hawkinson's franchise.
The arbitrator found that CWI's declaration of Hawkinson's "default" was not proper because CWI has waived "its right to have asserted a default. CW is estopped from taking this position due to its historical record and interaction with Hawkinson. CW's conduct and response under the existing Franchise Agreement is not in good faith or fair dealing; and the default asserted is nothing more than a ruse to keep Hawkinson ineligible." Given this statement, Robert and Linda's interference with Gilbert-McGill, Unimark, and Meadowbrook, was not necessary to support the judgment against CWI.
In conclusion, Robert and Linda's claim does not meet the elements of res judicata or collateral estoppel. Furthermore, in their motion in limine, they denied any connection with the arbitration proceeding, except in their roles as witnesses. Therefore, they fall within the rule succinctly stated in Cott v. Peppermint Twist Mgt. Co., 253 Kan. 452, Syl. ¶ 3, 856 P.2d 906 (1993), that "[o]n appellate review, a party may not complain of rulings or matters to which it has consented or take advantage of error that it invited or in which it participated."
V. LOSS OF PAST AND FUTURE PROFITS
A. Hawkinson's testimony regarding future profits
Robert and Linda argue that the trial court abused its discretion by allowing Hawkinson to testify, over their objection, as to his unsupported opinions and conclusions concerning past and future profits. Robert and Linda cite K.S.A. 60-456(a), which provides:
"If the witness is not testifying as an expert his or her testimony in the form of opinions or inferences is limited to such opinions or inferences as the judge finds (a) may be rationally based on the perception of the witness and (b) are helpful to a clearer understanding of his or her testimony."
K.S.A. 60-419 sets out the standard regarding the competency of a witness to testify:
"As a prerequisite for the testimony of a witness on a relevant or material matter, there must be evidence that he or she has personal knowledge thereof, or experience, training or education if such be required. Such evidence may be by the testimony of the witness himself or herself. The judge may reject the testimony of a witness that the witness perceived a matter if the judge finds that no trier of fact could reasonably believe that the witness did perceive the matter."
"Judicial discretion is abused when judicial action is arbitrary, fanciful, or unreasonable, which is another way of saying that discretion is abused only where no reasonable person would take the view adopted by the trial court. [Citation omitted.]" Smith v. Printup, 262 Kan. 587, 592, 938 P.2d 1261 (1997). See also City of Dodge City v. Hadley, 262 Kan. 234, 239, 936 P.2d 1347 (1997) (admission of expert testimony); McKissick v. Frye, 255 Kan. 566, 577, 876 P.2d 1371 (1994) (admission of evidence); Hurlbut v. Conoco, Inc., 253 Kan. 515, 529, 856 P.2d 1313 (1993) (discovery and admission of evidence).
Hawkinson testified at trial as to how he had calculated his damage from the loss of the Gilbert-McGill account. Robert and Linda objected that Hawkinson was testifying without proper foundation and "offering opinions concerning lost profits based upon data which is not in evidence. The data used by an expert under Kansas law must be in evidence." They further objected that "before a witness offers opinion testimony concerning lost profits the underlying data must be made known to him. Under the statute 'made known to him' means in evidence." Counsel for Hawkinson responded:
"Your Honor, that goes to expert opinion. The rule--first of all, the summary has been admitted, that summary of his calculations. The documents which underlie them would be admissible. They do not have to be admitted. He can testify that he reviewed those documents under the calculations he made, and the opinion he's giving as to what the profit would have been to him."
The trial judge ruled that Hawkinson was not testifying as an expert and allowed him to continue testifying as to his opinion. Hawkinson maintains that he clearly had personal knowledge of the financial and sales history of his franchise. Hawkinson entered into the Sales Franchise Agreement with CWI on June 1, 1988. Therefore, he had approximately 5 years of experience regarding the sale of telecommunications equipment prior to the arbitration proceeding in 1993. Further, he had at least 17 years of similar experience before entering the Agreement with CWI.
In Hampton v. State Highway Commission, 209 Kan. 565, Syl. ¶ 10, 498 P.2d 236 (1972), the court stated that "[w]hether a witness, expert or layman, is qualified to testify as to his opinion is to be determined by the trial court in the exercise of its discretion. That discretion is not subject to review except for abuse." Discretion is abused only where no reasonable person would take the view adopted by the trial court. Hawkinson had sufficient experience to give his opinion regarding loss of profits and loss of future profits, and how he calculated the loss. The jury was free to give whatever weight, if any, it deemed appropriate to Hawkinson's testimony. The trial court did not err in allowing Hawkinson to testify.
B. Submitting Hawkinson's claims for loss of profits and loss of future profits
Robert and Linda also contend that the trial court abused its discretion in submitting Hawkinson's claims for loss of profits and loss of future profits because the evidence of such loss of profits and loss of future profits was too contingent, remote, and speculative. In Cott v. Peppermint Twist Mgt.Co. Inc., 253 Kan. 452, Syl. ¶ 8, the court stated that "[i]n reviewing an award for an objective element of damages such as loss of past and future income, an appellate court must look to the record to see if there is evidence to support the jury's calculation of pecuniary loss." The trial court submitted Instruction No. 24, which states:
"If you find for the plaintiff, then you must award plaintiff such sum as you believe will fairly and justly compensate the plaintiff for the damages you believe plaintiff sustained as a result of the actions complained of by plaintiff.
"The total amount of your verdict may not exceed $271,430.45."
Robert and Linda operated their sales franchises and the Master Franchise as one entity. Further, both Robert and Linda signed each of the Sales Franchise Agreements and they both signed the Master Franchise Agreement. Consequently, their actions were attributable to one another. An explanation of how they operated their businesses as one entity is provided under Issue IX.
The jury awarded Hawkinson damages of $10,250 against Robert for his interference and $10,250 against Linda for her interference. Upon review of the record, we hold that there was evidence to support the jury's calculation of damages.
The trial court submitted Gilbert-McGill, Unimark, Meadowbrook, Cub Foods, Ray-Pec Schools, Cintas Corp., Garage Door Co., Hermes, and Ball's Foods in the instruction on whether Robert and Linda had breached their fiduciary duty. Under Instruction No. 22, the jury only had to find that Robert and Linda had breached their fiduciary duty in one of seven possible ways. Interference with the nine existing or prospective business relationships was only one way that the jury may have decided that they had breached their fiduciary duty. Thus, the jury may have assessed damages for Robert and Linda's acts of "failing to properly support, assist and help plaintiff as a Sales Franchisee," or because the jury found that Robert and Linda "[e]ncourag[ed] CWI to declare Mr. Hawkinson in default."
Instruction No. 25 accurately set out the law regarding calculation of loss of profits and future profits. It stated:
"Loss of profits to an established business occasioned by the wrongful act of another [is] compensable and you may award such amount as is proved by the evidence. Such loss of profits may be awarded as damages when they are proved with reasonable certainty and may reasonably be considered to have been within the contemplation of the parties. Absolute certainty in proving loss of future profits is not required. What is required is that the jury be guided by some rational standard."
In conclusion, the jury instructions accurately set out the law regarding calculation of damages, and it is not function of this court to assume that the jury failed to follow the instructions. The trial judge did not abuse his discretion when he allowed Hawkinson to testify concerning past and future loss of profits, nor was it error to submit Hawkinson's claims for loss of profits and loss of future profits to the jury.
VI. THIRD-PARTY BENEFICIARY
The trial judge determined that Hawkinson, as a matter of law, was a third-party beneficiary of the Master Franchise Agreement between Robert and Linda and CWI. He framed the issue as whether the parties to the Master Franchise Agreement, Robert and Linda and CWI, intended to benefit Hawkinson, a franchisee, in a direct nonincidental manner.
The judge cited Parrish Chiropractic v. Progressive Cas., 874 P.2d 1049, 1056 (Colo. 1994), as the controlling authority on this issue. The Parrish court stated:
"A person not a party to an express contract may bring an action on the contract if the parties to the agreement intended to benefit the non-party, provided that the benefit claimed is a direct and not merely an incidental benefit of the contract. [Citation omitted.] While the intent to benefit the non-party need not be expressly recited in the contract, the intent must be apparent from the terms of the agreement, the surrounding circumstances, or both. [Citation omitted.]"
The trial court explained that determination of the intent of the parties to a contract is a question of contract construction for the court. See Martin v. Edwards, 219 Kan. 466, 473, 548 P.2d 779 (1976). The trial court stated:
"While a court should be cautious in granting summary judgment where the issues of the case involve questions of the intent of the parties, summary judgment is nevertheless proper where the intent, as here, is clearly expressed in the contract and no fact question concerning the intent of the parties is presented. Noller v. General Motors Corp., 244 Kan. 612, 617, 772 P.2d 271 (1989)."
The trial court used the same standard it applied in determining whether Robert and Linda were third-party beneficiaries in deciding whether Robert and Linda and CWI, as the parties to the Master Franchise Agreement, intended to benefit Hawkinson, a franchisee, in a direct nonincidental manner. The trial court noted Article 7 of the Master Franchise Agreement sets out the obligations of the Master Franchisee.
"Among those obligations, the Master Franchisee promises by paragraph c:
" . . . to maintain suitable office space for the Business Telephone Center (B.T.C.). The B.T.C. will provide administrative and marketing support for the Master Franchisee and for those Franchises that are established in the Master Franchise area."
"Article 2 of the Master Franchise Agreement makes clear the intent of the parties:
"The demonstrations systems initially installed in the Business Telephone Center are for the use of the Sales Franchisees and sales people in the Master Franchisee's territory . . . ."
The trial court determined as a matter of law that by the Master Franchise Agreement, CWI and Robert and Linda, as parties to the Master Franchise Agreement, intended to directly benefit a nonparty. A sales franchisee, such as Hawkinson, was such a nonparty. Consequently, the judge denied Robert and Linda's motion for summary judgment, wherein they claimed that Hawkinson was not a third-party beneficiary.
The judge provided sound analysis and applied appropriate facts to support his finding that, as a matter of law, Hawkinson was a third-party beneficiary of the Master Franchise Agreement. Therefore, there was no error and this issue fails.
VII. JURY MISMANAGEMENT AND JURY MISCONDUCT
Robert and Linda argue that the cumulative effect of jury mismanagement and jury misconduct requires a new trial. They contend that the trial court erred in "secretly" instructing the jury as to the meaning of the word "tortious" and in failing to admonish the jury prior to its overnight separation. Further, the jury committed misconduct in consulting outside sources as to the meaning of the word "tortious."
A. Claims of judicial misconduct
"Allegations of judicial misconduct during trial must be decided on the particular facts and circumstances surrounding such alleged misconduct. In order to warrant or require the granting of a new trial, it must affirmatively appear that the conduct was of such a nature that it prejudiced the substantial rights of the complaining party. A mere possibility of prejudice from a remark of the judge is not sufficient to overturn a verdict or judgment. If a proper and reasonable construction will render the remark unobjectionable, the remark is not prejudicial." State v. Gadelkarim, 256 Kan. 671, Syl. ¶ 1, 887 P.2d 88 (1994).
See State v. Plunkett, 257 Kan. 135, Syl. ¶ 2, 891 P.2d 370 (1995).
During deliberations, the jury sent the court a note asking: "tortiously - what does that mean." The judge sent the following note back to the jury, without giving notice to counsel:
"November 8, 1995
The use of that word is explained in instructions numbered 18 and 20.
Those describe and define tortious interference."
K.S.A. 60-248(e) provides:
"If, after the jury has retired for deliberation, it desires further information as to any part of the law or evidence pertaining to the case, it may communicate its request through the bailiff to the court in the manner directed by the court, following which the court, after notice to counsel for the parties, may consider and make such provision for a response to the request of the jury as the court finds to be required under the circumstances."
In Howard v. Miller, 207 Kan. 246, 485 P.2d 199 (1971), the jury asked the judge whether an error in judgment was negligence, by way of a note handed to the bailiff. The exact form of the question was impossible to discern, as was the response from the judge because there was no record made of the question or the answer. Further, the judge never gave notice to the parties and counsel for the plaintiff learned of the communication after the jury had returned its verdict. In 1971, however, K.S.A. 60-248(e) (Corrick) provided:
"'After the jury has retired for deliberation, if they desire to be informed as to any part of the law or evidence arising in the case, they may request the officer to conduct them to the court, where the information on the point of law shall be given, or the evidence shall be read or exhibited to them in the presence of, or after notice to, the parties or their counsel.'" Howard, 207 Kan. at 249.
Robert and Linda cite Howard because the court ruled that plaintiff, who lost, should be granted a new trial. The Howard court ruled that
"the question of contributory negligence was crucial to plaintiff. The private instruction may or may not have borne on this issue and its giving may or may not have affected the result. We do not know and because we are unable, from examination of the entire record, to declare the error harmless we must hold it to be reversible error and ground for a new trial." 207 Kan. at 252.
Hawkinson cites Howard as authority for the following statement:
"Our cases [on private communication between judge and jury] appear to fall in two categories. First, in instances in which the facts were fully disclosed and all that was communicated by the judge to the jury was set forth in the record, and it affirmatively appeared no prejudice resulted from the communication, the irregularity was held not to be reversible error." 207 Kan. at 249.
The communication from the judge did nothing more than refer the jury to other instructions for the definition of "tortious." The judge erred in failing to provide notice to counsel as mandated by statute, but under the facts and circumstances of this case the error did not prejudice defendants. Thus, the error was harmless.
Robert and Linda further assert that it was prejudicial error for the judge to fail to admonish the jury after the first day of deliberations in violation of K.S.A. 60-248(d). K.S.A. 60-248(d) states:
"If the jurors are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with, or allow themselves to be addressed by, any other person on any subject of the trial; that it is their duty to keep an open mind and not to express an opinion on the subject of the trial until the case is finally submitted to them; and that the admonition applies to every separation of the jurors."
During the first day of trial the judge gave the jury the following admonition:
"Ladies and Gentlemen, we'll take our afternoon recess at this time. Keep in mind the admonition that I discussed with you earlier today. During this recess you will please not confer about this case with any other person, nor allow any other person to discuss the case with you. You will please not express any opinion about the case or form any fixed opinion until the case is finally submitted to you."
At the end of the second day of trial, the trial judge admonished the jury prior to sending it to lunch. Also, on the second day of trial, before dismissing the jury for the evening, the judge told the jury to "[k]eep in mind the admonition that I've given you." The judge recessed the jury until 1:30 p.m. on November 7, 1995. On November 7, the jury heard closing arguments and began deliberation. Gordon Rock's affidavit states that "[w]hen the jury retired after the first day of deliberations, no notification was furnished to me by the court that they were ceasing deliberations for that day." Rock also attests that court was not reconvened for the purpose of excusing the jury overnight and "[n]o admonition was given to the jury after the first day of deliberations prohibiting them from discussing the case or their deliberations with others, or not to consult outside authorities regarding these deliberations." Further, he states that
"[a]fter the first day of deliberations, the jury was simply allowed to separate and disperse without admonition. Several of the jurors had already left the courtroom and several were filtering out of the courtroom, when it was discovered that the jurors had been separated and excused for the day."
The jury reached a verdict on November 8, 1995.
When the trial judge erred by failing to admonish the jury on one occasion in State v. Ralls, 213 Kan. 249, 515 P.2d 1205 (1973), we affirmed the case. In Ralls, K.S.A. 22-3420(2) (Weeks), the criminal statute on admonition, applied. K.S.A. 22-3420(2) is the same as the 1972 version and nearly identical to the civil version of the statute. K.S.A. 22-3420(2) provides:
"If the jury is permitted to separate, either during the trial, or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with, or allow themselves to be addressed by any other person on any subject of the trial, and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them, and that such admonition shall apply to every subsequent separation of the jury."
In Ralls, the judge failed to admonish the jury immediately prior to their deliberations. Defendant claimed that the court was required to admonish the jury at every separation and failure to do so entitled him to a new trial. The Ralls court stated that it would be better practice to admonish the jury at each separation, but held that "prejudicial error will not be presumed from one such failure in the absence of a showing of prejudicial misconduct on the part of the jurors resulting therefrom. No prejudice or misconduct appears in the record of this case." 213 Kan. at 255. We hold substantial prejudice has not been shown.
B. Claims of jury misconduct
According to Robert and Linda, one juror consulted a dictionary and another juror consulted an outside attorney as to the meaning of "tortious." Both jurors communicated their findings to the jury panel.
In State v. Goseland, 256 Kan. 729, 887 P.2d 1109 (1994), the appellant contended that a juror's consulting a dictionary for a definition of "reasonable" was ground for a new trial. The district court determined that appellant had not provided evidence from which it could be concluded that his rights were substantially prejudiced. The evidence "presented to the district court was an affidavit of Goseland's trial counsel 'detailing his conversation with the juror as well as another juror.'" 256 Kan. at 735. The Goseland court noted:
"'In recent years, this court has consistently adhered to the rule in both civil and criminal cases that juror misconduct is not a ground for reversal, new trial, or mistrial unless it is shown to have substantially prejudiced a party's rights. The party claiming prejudice has the burden of proof.'" 256 Kan. at 735 (quoting State v. Fenton, 228 Kan. 658, Syl. ¶ 1, 620 P.2d 813 [1980]).
The record before us does not contain sufficient proof that Robert and Linda were substantially prejudiced by the alleged misconduct.
VIII. BREACH OF CONTRACT
Robert and Linda claim that the trial court erred in submitting Hawkinson's claim for tortious interference with his existing Sales Franchise Agreement with CWI because the instruction permitted the jury to impose liability without finding that CWI had breached the contract. In Dickens v, Snodgrass, Dunlap & Co., 255 Kan. 164, 169, 872 P 2d. 252 (1994), the court delineated the elements necessary to prove tortious interference with a contract as: "(1) the contract; (2) the wrongdoer's knowledge thereof; (3) his intentional procurement of its breach; (4) the absence of justification; and (5) damages resulting therefrom." Robert and Linda further argue there was insufficient evidence to support the third, fourth, and fifth elements of the tort, as well as insufficient evidence of their malicious conduct. In addition to the five elements, "[a]n action for tortious interference with a contract is predicated on malicious conduct by the defendant." Dickens, 255 Kan. 164, Syl. ¶1.
Instruction No. 17 stated that "[p]laintiff's second claim is that the defendants tortiously interfered with plaintiff's contract with Communications World International by defendants' intentional efforts to obtain the termination of plaintiff's Sale Franchise Agreement, and by encouraging Communications World International to declare plaintiff in default." Instruction No. 18 explained that in order for plaintiff to recover for tortious interference with a contract, the defendants must have induced the breach of the contract with actual malice. The instruction noted that "as used in this instruction, 'actual malice' means actual evil-mindedness or special intent to injure." Instruction No. 21 set out the defense of justification.
As the issues already analyzed have shown, Hawkinson established sufficient evidence for all of the elements of this tort, except for an actual breach of his contract with CWI. The ultimate issue becomes whether CWI's notice of default letter was a constructive breach which satisfies the element of breach for the tort, or whether the trial court improperly submitted this instruction, because CWI never actually terminated Hawkinson's sales franchise.
The October 8, 1992, letter stated that it was impossible for CWI to offer him "the opportunity to participate in the new franchise program in the Kansas City area at this time." The letter also stated that "it is apparent that it is not in the best interest of any of the involved parties to attempt to maintain the franchise relationship as reflected by your current Agreement. If that relationship was working and if it was your desire to do so, CWI would continue to honor the Agreement." Other pertinent language of the October 8 letter includes: "CWI would like to offer you the right to cancel your Agreement with CWI," and "CWI regrets that the proposed resolution to this matter must necessarily involve the suggestion that your franchise be cancelled," and "[i]n accordance with Article 12 of the Agreement, CWI is entitled to terminate the Agreement twenty (20) days from your date of receipt of this letter. However, CWI will delay enforcing its contractual right to terminate the Agreement and will instead use the next thirty (30) day period, as stated above, to seek an alternative resolution to this matter."
On January 14, 1993, Hawkinson filed a petition for damages and injunctive relief in the District Court of Johnson County, Kansas. On January 14, 1993, the district court entered a restraining order against CWI, Robert and Linda, Southwest, West, and all others acting in concert or petition with them, "[t]o cease and desist and be enjoined from terminating the Franchise Agreement or from directly or indirectly denying Plaintiff the benefits of the Franchise Agreement." Hawkinson and CWI entered into arbitration proceedings for 3 days in late August 1993, and 3 more days in late September 1993. The arbitrator entered a judgment and an award on November 10, 1993, and such award and judgment were incorporated by reference and confirmed in its entirety by the Johnson County District Court on February 18, 1994. Hawkinson was awarded $35,635.67 against CWI and he was "determined to be an 'eligible existing Franchisee' and may elect, without charge, to take advantage of the opportunity to participate in the new franchise program."
Robert and Linda rely on Pizza Management, Inc. v. Pizza Hut, Inc., 737 F. Supp. 1154 (D. Kan. 1990), as authority that a claim for tortious interference with an existing contract does not stand unless there is a true breach. At oral argument, counsel insisted that Pizza Management, Inc. mandated reversal of the judgment against Robert and Linda. Pizza Management, Inc. involved a suit brought by a franchisee against franchisor and was decided by applying Kansas law. The case came before the court on defendants' (Pizza Hut, Inc.) (PHI) motion to dismiss. "In deciding a motion to dismiss, the court must accept as true on their face the well-pleaded factual allegations in the complaint and all reasonable inferences are drawn in favor of the plaintiffs. [Citation omitted.]" 737 F. Supp. at 1157. Further, "[t]he sufficiency of the complaint is not assessed from whether the plaintiff may ultimately prevail but from whether plaintiff is entitled to present evidence in support of its claims. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S. Ct. 1683, 40 L. Ed. 2d 90 (1974)." 737 F. Supp. at 1157.
The Pizza Management, Inc. court granted defendants' motion to dismiss plaintiffs' claim of tortious interference with a contract, but it did not set down the "cast in stone" rule alleged by Robert and Linda. Plaintiffs (PMI) alleged that in May 1986, they negotiated with John Finerty to acquire his outstanding stock in the "Pizza Hut" franchise in Spain, and reached an agreement with Finerty to accomplish the sale. PMI alleged that
"verbal approval from PepsiCo was obtained before the acquisition agreements were executed and that in reliance upon this approval they closed the purchase with Finerty and took over management of the franchise. PMI asserts it sought, during the closing of the stock transaction, written confirmation of the prior verbal approval, but PepsiCo denied the request." 737 F. Supp. at 1163.
Thus, plaintiffs seek relief on the theory, among others, that PepsiCo's denial of formal written confirmation of consent constitutes interference with the contract between PMI and Finerty. 737 F. Supp. at 1163.
Plaintiffs admit that Finerty did not breach his contract with PMI but aver that PepsiCo's refusal to consent to the sale damaged PMI because it interfered with Finerty's performance. The Pizza Management, Inc. court referred to its April 14, 1989, order, wherein it dismissed PHI's claim against PMI for tortious interference with its agreements with other franchisees. The court noted that
"[c]iting George A. Fuller Co. v. Chicago Col. of Ost. Med., 719 F.2d 1326, 1330 n. 1, 1331 (7th Cir. 1983), this court held: '[a]bsent persuasive indicia that the Kansas Supreme Court would extend an action of interference with contract to any adverse impact or increased burden, short of a breach, this court will not do so.' [Citation omitted.]" 737 F. Supp. at 1164.
Under Kansas law, anticipatory repudiation is a breach of contract. In Wilson v. National Refining Co., 126 Kan. 139, 266 Pac. 941 (1928), a lessee abandoned the leased premises and refused to pay rent for approximately 2 years of a 5-year lease. Lessor brought an action to recover damages for breach 5 months before the lease expired and lessee claimed that such action was premature. The Wilson court stated:
"'Where there has been a renunciation of an executory contract by one party, the other party has a right to elect between the following remedies: (1) To rescind the contract and pursue the remedies based on such a recision. (2) To treat the contract as still binding and wait until the time arrives for its performance, and at such time to bring an action on the contract for breach. (3) To treat the renunciation as an immediate breach and sue at once for any damages he may have sustained.' (13 C.J. 653)" 126 Kan. at 140.
Here, we hold that CWI breached the contract by improperly declaring Hawkinson in default of the contract and forcing him to arbitrate to prevent the termination of his contract, and that under the rules of anticipatory repudiation, he could treat this situation as an immediate breach of the contract.
Robert and Linda also claim that Hawkinson did not present sufficient evidence of malice. The arbitration proceedings were admitted into evidence and the findings set out in that judgment clearly support that Robert and Linda acted with malice. Among other findings supporting malice on the part of Robert and Linda, the arbitrator found:
"The Master Franchisee was a 'family affair' in that Robert and Linda Bennett (husband and wife) were involved as the Master Franchisee, both Bennett's initially had their own individual Franchises under the Master; Stormy Bennett (Bob's brother) had another Franchise under the Master; another of Bob's brothers was initially involved with Stormy; and, the key employees of the Master were intertwined - Sharon and Karen are sisters, Cindy is a roommate of Karen, and the Bookkeeper (Pam Meek) is the sister-in-law of Sharon. Over the years, all 'non-family' franchisees, people such as Hawkinson, dropped out of the Kansas City Master Franchise except for Hawkinson. The Bennetts have no desire or intent to add to their Master Franchise any additional Franchisees; and, the Bennetts have a strong desire to remove Hawkinson from the system."
These findings, in combination with letters that Robert and Linda wrote to CWI, show the element of malice. This issue fails.
IX. FIDUCIARY DUTY
Robert and Linda contend that the trial judge should have made the determination of whether a fiduciary relationship existed. They assert that a fiduciary duty is a question of law. Given Robert and Linda's unique position as Master Franchisee, it was not error for the trial court to submit the question of whether a fiduciary duty existed to the jury.
In Robert and Linda's own motion for summary judgment, they asserted a claim that they were third-party beneficiaries of the CWI/Hawkinson Agreement. In support of this argument, they argued that the sales franchisees were responsible for supplying the Master Franchisee detailed account records and for paying a royalty fee. "Further, the Bennetts point out that Hawkinson [was required to] pay the Master Franchisee for all equipment he purchases, order all products and installation work or service calls through the Master Franchisee, and pay the Master Franchisee a monthly fee for the business telephone center." Although, Robert and Linda made this argument in terms of the third-party beneficiary claim, their own arguments support that they had a fiduciary relationship to Hawkinson.
Further, not only did Robert and Linda fail to provide the services that they were obligated to provide Hawkinson, they wrote numerous letters to CWI urging CWI to terminate Hawkinson's franchise.
Robert and Linda contend that a fiduciary obligation was not tied to any specific provision in the contract. They argue that the only provision in the Master Franchise Agreement allowed into evidence was Article 9(c) and that a fiduciary relationship is not established by Article 9(c). ("The Master Franchisee is encouraged to recruit salespeople who can develop to become Sales Franchisees, but the activities of the salespeople must not detract from the results of the Sales Franchisees nor hinder the Sales Franchisees from generating sales for their own account. The Master Franchisee will be responsible for insuring that conflicts do not arise between expansion and the rights of the Sales Franchisees.")
Even if Robert and Linda's obligation is not tied to a specific clause of the contract, Hawkinson, nevertheless, has a valid claim that a fiduciary relationship existed because of the overall intent of the CWI/Robert and Linda Master Franchise Agreement. One of the purposes for establishing a Master Franchisee was for the Master Franchisee to help the sales franchisees. In exchange for helping the sales franchisees, the sales franchisees were obligated through their Agreements with CWI to pay the Master Franchisee.
Robert and Linda each owed Hawkinson a fiduciary duty because they both signed the Master Franchise Agreement and they both conducted business as if they were partners in the Master Franchise. Hawkinson presented sufficient evidence that Robert and Linda jointly breached their fiduciary duty. Robert and Linda argue that because one or the other did not deal with some of the alleged business relationships, there was insufficient evidence to submit a claim for damages against them for those business relationships. As fiduciaries, however, they owed Hawkinson the utmost duty of fair dealing and good faith and even if Robert and/or Linda did not deal with a business entity, under the Master Franchise Agreement they were responsible for one another's acts. Thus, it is unnecessary to examine each business entity individually and determine whether Linda and/or Robert had any dealings with that entity.
Further, the jury did not have to find that Robert and Linda breached a fiduciary duty in all of the possible ways proposed in Instruction No. 22. The instruction stated that the jury had to decide if Robert and Linda had breached a fiduciary duty in one or more of the ways listed. There was clearly sufficient evidence that Robert and Linda sought the termination of Hawkinson's sales franchise and that they encouraged CWI to declare Hawkinson in default.
X. PUNITIVE DAMAGES
Robert and Linda assert that Hawkinson's claim for tortious interference with prospective business relations was redundant with his contract claim and, consequently, it was an improper basis for the claim of punitive damages. Further, they contend that there was insufficient evidence to support submitting the issue of punitive damages against both Robert and Linda to the jury.
"Where the trial court has made findings of fact and conclusions of law, the function of an appellate court is to determine whether the findings are supported by substantial competent evidence and whether the findings are sufficient to support the trial court's conclusions of law. Substantial evidence is evidence which possesses both relevance and substance and which furnishes a substantial basis of fact from which the issues can reasonably be resolved. Stated in another way, 'substantial evidence' is such legal and relevant evidence as a reasonable person might accept as being sufficient to support a conclusion." Tucker v. Hugoton Energy Corp., 253 Kan. 373, 377, 855 P.2d 929 (1993).
B. Sufficiency of evidence
In Smith v. Printup, 262 Kan. 587, 596, 938 P.2d 1261 (1997), the court stated:
"Prior to the enactment of K.S.A. 60-3701 and 60-3702, which places the calculation of the amount of punitive damages with the trial court instead of a jury, we applied an abuse of discretion standard when reviewing a punitive damages award. [Citations omitted.]" The Smith court further explained:
"Subject to the provisions of K.S.A. 60-3701, the standard of review remains one of abuse of discretion. We must first determine whether the provisions of K.S.A. 60-3701 have been applied by the trial court in setting the amount of punitive damages. Once that determination has been made, the amount awarded will be set aside only upon a showing that the trial court abused its discretion, which is another way of saying that the action of the trial court was arbitrary, capricious, or unreasonable. See Ensminger v. Terminix Intern. Co., 102 F.3d 1571 (10th Cir. 1996). We also have stated that '[w]hen determining the amount of punitive damages to be awarded under K.S.A. 1992 Supp. 60-3701, it is incumbent on the trial court to make sufficient findings of fact to afford meaningful appellate review thereof.' [Citing Gillespie v. Seymour, 253 Kan. 169, Syl. 1, 853 P.2d 692 (1993) (Gillespie II).]" 262 Kan. 597.
Instruction No. 26 stated:
"In connection with his claims of breach of fiduciary duty, tortious interference with contract and tortious interference with prospective business relations, the plaintiff claims the defendants Robert and Linda Bennett acted in a willful, wanton or malicious manner toward plaintiff entitling him to punitive damages in addition to actual damages. If you find the plaintiff is entitled to recover actual damages for any one or more of those three claims, then you may consider whether punitive damages should also be allowed. Punitive damages may be allowed in the jury's discretion to punish a defendant and to deter others from like conduct.
"In order for the plaintiff to be entitled to punitive damages the burden is on the plaintiff to prove by clear and convincing evidence that the actions of the defendants Robert and/or Linda Bennett with respect to one or more of those three claims were willful, wanton or malicious. Clear and convincing evidence means evidence that is certain, unambiguous and plain to the understanding and so reasonable and persuasive as to cause you to believe it.
"If you find that the defendants Robert and/or Linda Bennett did one or more of the acts referred to above claimed by the plaintiff and find that plaintiff is entitled to actual damages, you should then determine whether clear and convincing evidence has been presented that the defendants, or either of them, did one or more of those acts in a willful, wanton or malicious manner. If you make the determination it has been, you may decide whether punitive damages should be allowed against either or both defendants and your finding should be entered on the verdict form. After the trial the court will conduct a separate hearing to determine the amount of punitive damages to be allowed."
The jury determined that both Linda and Robert had acted in a willful, wanton, or malicious manner toward Hawkinson on one of Hawkinson's claims of breach of fiduciary duty, tortious interference with a contract, and tortious interference with prospective business relations. It is impossible to know on which of these claims the jury based its decision, but there was clearly sufficient evidence to support punitive damage against Robert and Linda in connection with at least one of the three claims, if not all claims. Thus, it was not error to submit this instruction.
C. Tortious interference and contract claim
Even if Hawkinson's claim for tortious interference with prospective business relations was redundant of his contract claim, the jury may have decided punitive damages were appropriate for a reason other than tortious interference with prospective business relations, or the contract claim involving interference with prospective business relations. Instruction No. 26, as set out above, allowed the jury to consider punitive damages upon a finding that plaintiff was entitled to recover actual damages for any one or more of the three claims of breach of fiduciary duty, tortious interference with a contract, and tortious interference with prospective business relations.
Thus, the jury may have found that Hawkinson was entitled to punitive damages only due to Robert and Linda's breach of fiduciary duty. The jury was only required to find one reason for awarding punitive damages. Therefore, Robert and Linda's claim under this issue fails.
We have examined appellants' arguments and do not find reversible error either individually or combined.
Updated: July 10, 1998; revised: July 24, 1998; revised: July 29, 1998.
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Great Lakes Bulletin
Rose Bowl marks 100th anniversary of Great Lakes appearance
National Museum of the American Sailor
A photo of the 1919 Rose Bowl winning Great Lakes Bluejackets, provided by the National Museum of the American Sailor.
When you watch the Rose Bowl Jan. 1 as the University of Washington takes on Ohio State, the date will mark the 100th anniversary for a Rose Bowl Championship team from Naval Station Great Lakes.
On Jan. 1, 1919, the Greal Lakes Navy Bluejacket football team defeated Mare Island 17-0 at Pasadena, California’s Tournament Park, the venue for the first eight Rose Bowl football games. The win capped off a 6-0-2 season for the Bluejackets.
As many young men went off to serve in World War I, many college teams didn’t have players. The Pasadena Tournament of Roses committee staged the game with Great Lakes playing a Marine detachment team from the Mare Island Naval Base, which was closed in 1995.
Great Lakes’ team feature future Hall of Famer George Halas, who founded the Chicago Bears and was instrumental in founding the NFL. Paddy Driscoll and Jimmy Conzelman, also Hall of Famers, played for Great Lakes, too. Driscoll played for the Racine (named for the Chicago street not the Wisconsin city) and Chicago Cardinals. Conzelman played and coached for numerous NFL teams.
In the Rose Bowl, according to its records, Driscoll opened the scoring with a 30-yard field goal in the first period and the Bluejackets took a 10-0 at halftime when Bloody Reeves scored from two yards out while Hugh Blalock booted the extra point.
Halas, who was the game’s MVP, concluded the scoring in the third quarter, catching a 32-yard touchdown pass from Driscoll. He also returned an interception 77 yards to thwart a Marte Island drive but did not score on the play. In 2013, he was named to the Rose Bowlk Game’s All-Century class.
The Great Lakes team also scored victories over Iowa, Illinois, Rutgers, the Naval Academy and Purdue. They tied Northwestern (0-0) and Notre Dame (7-7) during the 1918 regular season.
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Developer: Tiburon
More Xbox 360 Games to Consider...
System: Xbox 360; Reviews: 2
Release Date: November 22, 2005 (North America)
Release Date: September 8, 2009 (North America)
Release Date: February 16, 2006 (North America)
At HonestGamers, we love reader reviews. If you're a great writer, we'd love to host your NASCAR 08 review on this page. Thanks for your support, and we hope you'll let your friends know about us!
None of the material contained within this site may be reproduced in any conceivable fashion without permission from the author(s) of said material. This site is not sponsored or endorsed by Nintendo, Sega, Sony, Microsoft, or any other such party. NASCAR 08 is a registered trademark of its copyright holder. This site makes no claim to NASCAR 08, its characters, screenshots, artwork, music, or any intellectual property contained within. Opinions expressed on this site do not necessarily represent the opinion of site staff or sponsors. Staff and freelance reviews are typically written based on time spent with a retail review copy or review key for the game that is provided by its publisher.
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U.S.S. AUCILLA
ANYTIME ANYWHERE
USS AUCILLA (AO-56) - a Cimarron-class fleet oiler
In Commission 1944 to 1970
MAY 1943 - Keel Date: 25 MAY 1943
NOV 1943 - Launch Date: 20 NOV 1943
OCT 1950 - FEB 1951 Korean war service
APR 1960 - APR 1960 Mediterranean
APR 1960 - APR 1960 Ran aground in Livorno (Leghorn) Italy 27 April 1960.
MAY 1966 - Shellback Initiation - 20 MAY 1966 - Atlantic Ocean
OCT 1966 - Shellback Initiation - 29 OCT 1966 - Pacific Ocean
OCT 1966 - Shellback Initiation - 29 OCT 1966 - Atlantic Ocean
DEC 1970 - Decommissioned: 18 DEC 1970
Flank Speed: 18 kts
USS AUCILLA (AO-56)
Aucilla (AO-56) was laid down on 25 May 1943 at Sparrows Point, Md., by the Bethlehem Steel Co. under a Maritime Commission contract (MC hull 722); launched on 20 November 1943; sponsored by Mrs. Hope Ridings Miller; and commissioned on 22 December 1943, Comdr. Cornelius M. Sullivan in command.
The oiler remained at Sparrows Point until 28 December at which time she got underway for Portsmouth, Va. She arrived at the Norfolk Navy Yard on the 29th and began training the crew at battle stations and loading ammunition. Aucilla continued her training both in port and underway in the lower Chesapeake Bay. On 2 February 1944, she departed Norfolk in company with Goldsborough (DD-188) on her way to the British West Indies. The oiler arrived at the Naval Operating Base (NOB), Trinidad, on 7 February and began dispensing fuel to warships operating in the vicinity. She remained there until 14 March at which time she put to sea, in convoy, for Aruba. Aucilla arrived at her destination on the 16th, took on a cargo of aviation gasoline, and departed Aruba on the 17th. After a stop at Guantanamo Bay, Cuba, the oiler arrived in Norfolk on 24 March.
For about a month, she operated out of Norfolk in the lower Chesapeake Bay testing fueling at sea gear and techniques. On 26 April, Aucilla departed Norfolk in company with Belknap (DD-251) and, five days later, arrived in Baytown, Tex. After taking on a cargo of fuel, the ship stood out of Baytown on 4 May and arrived at Staten Island, N.Y., on the 8th. On 14 May, she was underway, in convoy, for the British Isles. The oiler parted company with the convoy on 25 May and entered port at Liverpool, England, that same day. She discharged her cargo on the 27th and got underway for Ireland on the 28th. She visited Belfast Lough from 29 May to 5 June and then headed back to the United States. Aucilla arrived at Norfolk on 16 June.
Six days after her arrival, the oiler sailed from Norfolk for New York. She arrived on 23 June and operated in that locale until the end of the month. On 2 July, Aucilla put to sea bound for Europe once again. She returned to Belfast on 12 July but stopped only briefly, returning to sea that same day. The oiler visited Swansea, Wales, between the 13th and the 16th before heading home via Belfast. She reentered Hampton Roads on 27 July. There, she stayed for almost a month. On 22 August, Aucilla put to sea in company with J. Fred Talbott (DD-156) bound for Baytown, Tex. She took on a cargo of fuel oil at Bay-town before returning to sea. The ship arrived at Bermuda on 3 September and unloaded her cargo. She then headed back to Hampton Roads, Va., where she dropped anchor on the 8th. Operations in Chesapeake Bay followed.
However, on 4 October,she put to sea bound for the Caribbean. Aucilla arrived at Aruba on 9 October and loaded fuel oil until the llth when she set sail for Panama. The oiler transited the Panama Canal on 13 October and, the following day, departed Balboa for the Hawaiian Islands. She stopped over at Pearl Harbor from 26 to 29 October and then continued her voyage west. The ship anchored in Eniwetok Lagoon on 5 November. She spent the next two days unloading her cargo of fuel before continuing on to Ulithi on the 7th. There, she reported for duty to the Commander, Service Squadron (ServRon) 10.
For the remainder of the war, Aucilla supported 3d/5th Fleet operations in the western Pacific by refueling its units at sea. She provided fuel to the 3d Fleet during its air attacks on Luzon in mid-December 1944 and again at the end of the first week in January 1945. When the 3d Fleet entered the South China Sea in midJanuary, Aucilla continued her fueling rendezvous with its warships. Between 15 and 26 February, she steamed in an area off I wo Jima providing logistics support for the 5th Fleet. She fueled that same fleet from 16 March to 4 May during the invasion of Okinawa. The oiler rounded out her wartime service supporting the 3d Fleet on its final series of raids on the Japanese home islands between 11 July and 15 August.
Following the cessation of hostilities, Aucilla continued steaming with the 3d Fleet off Japan. After a brief stop at Ulithi, she set sail for Japan on 27 September. The oiler entered Tokyo Bay on 2 October-one month to the day after Japan formally surrendered. The oiler performed extensive occupation duty at various locations in the Far East between the end of the war and the summer of 1947. That service also included some logisticssupport work for the ships of Joint Task Force 1, the task organization engaged in the atomic bomb tests conducted at Bikini Atoll during the summer of 1946. The western Pacific cruise in the summer and fall of 1948 ended with Aucilla steaming through the Indian Ocean, the Suez Canal, and the Mediterranean before she crossed the Atlantic to join the fleet stationed on the eastern seaboard of the United States. For about four years, the oiler operated along the east coast, in the Gulf of Mexico, and in the Caribbean taking on oil at various oil ports and carrying it to the fleet. She also conducted independent ship's exercises and amphibious exercises both at Vieques Island near Puerto Rico and at Onslow Beach in North Carolina.
In June of 1952, Aucilla embarked upon the first of a long series of deployments to the Mediterranean Sea. Four months later, she resumed operations along the eastern seaboard and in the West Indies. The first part of 1953 saw the oiler engaged in another series of training evolutions in the Puerto Rico-Vieques Island area. June and July of 1953 brought a midshipman cruise which took her to Rio de Janeiro, Brazil, and Barbados in the British West Indies. In September, Aucilla deployed to the Mediterranean Sea once more. She completed that assignment late in January 1954 and returned to Norfolk on 3 February 1954. Following post-deployment standdown and participation in the annual fleet exercise, Operation "Springboard," the oiler resumed fuel services for the 2d Fleet from her base at Norfolk. May brought rough weather fueling tests in the North Atlantic followed by a two-month overhaul at a civilian shipyard in Baltimore, Md.
In August, Aucilla departed Baltimore and steamed down Chesapeake Bay to rejoin the active units of the Atlantic Fleet. She performed normal logistics services and training operations out of Norfolk until November. Late that month, the oiler put to sea for Gonaives, Haiti, to provide support for some unspecified tests conducted by the Operational Development Force for the Bureau of Ordnance. In the course of those operations, the oiler visited Guantanamo Bay, Cuba, and Port-au-Prince, Haiti. When the ship returned to the United States early in December, she entered the Bethlehem Shipyard at Hoboken, N.J., for a three-month modification and repair period. Between mid-April and early May of 1955, Aucilla completed refresher training out of Newport, R.I. She then returned to Norfolk where she began preparations for an extended tour of duty with the 6th Fleet.
On 31 May 1955 the ship stood out of Norfolk en route to her new home port, Barcelona in Spain. She reached her destination on 20 June. For the next 22 months, Aucilla served with Task Force (TF) 63 in a logistics support role. She participated in a number of exercises and visited ports all along the shores of the Mediterranean Sea. On 2 April 1957, the oiler headed back to the United States. She spent the entire summer of 1957 engaged in repairs, first a four-month regular overhaul at the New York Naval Shipyard and then boiler repairs at an unspecified civilian yard in Baltimore, Md. Between 16 September and 27 October, Aucilla completed refresher training-out of Guantanamo Bay-and post-refresher availability.
On 28 October 1957, she set sail from Norfolk on her way back to the Mediterranean Sea. Once again, she spent her time ranging the length and breadth of the Mediterranean supporting the operations of TF 63. During the summer of 1958, Aucilla provided logistics support for the ships, sailors, and marines involved in the landings in Lebanon earned out in order to help restore order after severe factional fighting. Following that interlude, the oiler resumed normal 6th Fleet operations. On 30 May 1959, Aucilla headed back to the United States for a regular overhaul at the Boston Naval Shipyard. The overhaul lasted about six months. During that time, the oiler received a new home port assignment, Norfolk. The ship completed overhaul and set sail from Boston on 18 November, bound for refresher training in the Guantanamo Bay operating area. She shaped a course from the West Indies back to Norfolk on 16 December and arrived at her destination in time to spend the holidays there.
Underway again on 4 January 1960, Aucilla operated in the vicinity of Norfolk until late in the month. On the 28th, she put to sea bound for the Mediterranean Sea. That seven-month deployment followed the pattern of previous ones, mixing port visits with logistics missions in support of 6th Fleet combat units. The oiler returned to Norfolk on 31 August and, after the usual leave and upkeep period, resumed normal east coast-West Indies operations. That routine lasted into 1961. In February and March of 1961, she participated in the annual fleet exercise Operation "Springboard. She returned to Norfolk on 17 March and began preparations for another tour of duty with the 6th Fleet. On 15 May 1961, she stood out of Norfolk and shaped a course for the Mediterranean Sea. Aucilla served a 14-week deployment that followed patterns established earlier.
The oiler reentered Norfolk on 11 September 1961 and began post-deployment standdown. Following the leave and upkeep period, she started preparations for overhaul. On 20 November, she entered the yard at the Norfolk Shipbuilding & Drydock Co. Aucilla completed her overhaul on 20 February 1962 and then set sail on 1 March for five weeks of refresher training in the West Indies. Upon completion of refresher training, the oiler joined an underway replenishment group to support the amphibious Exercise "Phiblex 1-62," also conducted in the West Indies. Later, she returned to United States' waters to participate in Fleet Exercise "Quick Kick." That summer, she conducted a midshipman training cruise and took part in convoy exercises off the eastern seaboard.
The oiler continued operations out of Norfolk through the end of 1962 and into 1963. On 7 March 1963, Aucilla left Chesapeake Bay on her way back to the Mediterranean. The deployment lasted just under four months. She was back in Norfolk by 1 July. Following post-deployment standdown, the oiler got underway on 6 August to participate in NATO Exercise "Riptide. IV" conducted in the eastern Atlantic. As an adjunct to that mission, she visited Bremerhaven, Germany, and Rota, Spain, before returning to Norfolk on 11 September. For the remainder of1963, Aucilla conducted local operations out of her home port.
Similar duty occupied her time during the first two months of1964. On 3 March 1964, however, the oiler entered the yard at the Norfolk Shipbuilding & Drydock Co. for a regular overhaul. She completed repairs and modifications late in June and put to sea on the 29th for a month of refresher training in the Guantanamo Bay operating area. At the conclusion of refresher training, Aucilla voyaged north to New York where her crew members visited the World's Fair. The ship returned to Norfolk on 8 August and resumed local operations. That resumption lasted just one month. On 8 September, Aucilla got underway from Norfolk once more to participate in a series of NATO exercisesin the eastern Atlantic. She visited Bremerhaven, Germany, again at the end of the exercises early in October. She returned to Norfolk on 23 October 1964.
Upon her return to her home port, she began preparations for another assignment with the 6th Fleet. Aucilla left Norfolk on 27 November and arrived in Rota, Spain, on 8 December. Another standard 6th Fleet tour of duty ensued with Aucilla fueling units of the fleet, participating in exercises, and visiting Mediterranean ports. She concluded the deployment with her arrival back in Norfolk on 11 May 1965. From late June to late July, Aucilla cruised the waters of the West Indies in support of 2d Fleet units keeping an eye on the latest crisis to trouble the Dominican Republic. She returned to Norfolk on 23 July and resumed local operations out of her home port. Those operations included support roles in the Gemini 6 and Gemini 7 space shots during October, November, and December. Aucilla reenteredNorfolk on 23 December to begin her holiday leave and upkeep period.
Further upkeep and a tender availability period occupied her time during January and February of 1966. Early in March, the oiler put to sea for another cruise with the 6th Fleet in the Mediterranean Sea. She arrived in Cartagena, Spam, on 15 March and, for the next five months, provided logistics support for United States naval forces in the Mediterranean. Aucilla departed Rota, Spain, on 12 August and set a course for home. The oiler arrived in Norfolk on the 22d and remained there in a leave and upkeep status until the middle of October. She put to sea again on 18 October to serve as a recovery ship for an Air Force Titan IIIC heat shield qualification test. She returned to Norfolk from that mission on 21 November and remained in port for the rest of the year.
On 6 February 1967, Aucilla stood out of Norfolk once again on her way to the Mediterranean. She arrived in Rota, Spain, on the 17th and soon began making the rounds to ports in the "middle sea." The most notable event of that deployment was the Six-Day Arab-Israeli War to which units of the 6th Fleet-Aucilla included-responded with alacrity. She and her colleagues moved quickly to the eastern Mediterranean early in June, out the rapidity with which the Arab forces collapsed allowed them to return to a more normal routine at mid-month. Thus, the oiler resumed port visits, exercise, and fueling operations. She completed turnover proceedings at Rota on 19 and 20 August and headed back to the United States on the latter day. Aucilla arrived back in Norfolk on 30 August. After post-deployment standdown, the oiler entered the yard at the Norfolk Shipbuilding & Drydock Co. for regular overhaul on 13 November.
Aucilla completed her overhaul by 5 April 1968. On that day, she stood out of Norfolk on her way to refresher training in the West Indies. The oiler completed that mission in May and returned to Norfolk on the 19th. Soon thereafter, she embarked upon a two-month voyage that took her to the Cape of Good Hope where she refueled the Vietnam-bound aircraft carrier Intrepid (CVS-11). In addition, Aucilla made port calls at Rio de Janeiro in Brazil, St. Thomas in the Virgin Islands, Nassau in the Bahamas, and at Philadelphia before returning to Norfolk on 10 August.
At that time, the oiler began a tender availability as well as a leave and upkeep period preparatory to overseas movement. Aucilla stood out of Norfolk on 23 September; and, on 3 October she relieved Kaskaskia (AO-27) at Rota. After almost five months fueling the ships of the 6th Fleet and making port visits throughout the Mediterranean Sea, Aucilla departed Rota late in March 1969. She arrived back in Norfolk on 5 April. After the usual post-deployment standdown, the oiler began normal operations out of Norfolk. For the next 14 months, the ship cruised the waters along the eastern seaboard and the West Indies in support of the snips of the Atlantic Fleet. Aucilla returned to Norfolk from her last voyage early in July of 1970.
In the middle of September 1970, she began preparations for inactivation. Aucilla was placed out of commission at Norfolk on 18 December 1970. On 7 October 1971, she was transferred to the Maritime Administration for berthing with its James River, Va., facility. Her name was struck from the Navy list on 1 December 1976. As of the beginning of 1987, she remained berthed with the National Defense Reserve Fleet at James River, Va.
Aucilla earned five battle stars for her World War II service.
[Note: The above USS AUCILLA (AO-56) history may, or may not, contain text provided by crew members of the USS AUCILLA (AO-56), or by other non-crew members, and text from the Dictionary of American Naval Fighting Ships]
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Fifteen-year sentence for killing of Bishop
January 23 2013 15:05:00
İSKENDERUN, Hatay
Luigi Padovese. AA Photo
An İskenderun court sentenced Murat Altun on Jan. 22 to 15 years in prison for the 2010 killing of Luigi Padovese, the Pope’s apostolic vicar, in the southern Anatolian Turkish district.
Padovese was stabbed to death by his driver Altun, who had been working with the bishop for five years.
Initial investigations eliminated the possibility of a political dimension to the crime, the governor had said, adding that the suspect had been receiving treatment for psychological disorders. Although the investigations are ongoing, Hatay Governor Mehmet Celalettin Lekesiz had said in 2010 that “The murder of Padovese seems to have been for personal reasons.”
In 2007, a Roman Catholic priest in the western city of İzmir, Adriano Franchini, was stabbed and slightly wounded in the stomach by a 19-year-old after Sunday Mass.
The same year, a group of men entered a Bible-publishing house in the central Anatolian city of Malatya and killed three Christians, including a German national.
In 2006, amid widespread anger in Islamic countries over the publication in European newspapers of caricatures of Islam’s Prophet Muhammad, a 16-year-old boy shot dead a Catholic priest, Father Andrea Santoro, as he prayed in his church in the Black Sea city of Trabzon. The boy was convicted of murder and sentenced to 18 years in prison.
Historical Istanbul mosque brings fresh hope to homeless
Security guard steals 4.8 mln euros
3,771 irregular migrants held over past week across Turkey
Over 7,400 people did paragliding in Fethiye during Eid al-Fitr: Official
Fieldfare migration puts juniper at risk
Prominent Turkish boss robbed at home
Historical tragedies of Crimean Tatars, Circassians remembered
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Statement on Election of Margaret Froh as President of the Métis Nation of Ontario
Premier Wynne, Minister Zimmer with President Froh and
other MNO leaders and staff at Queen’s Park prior to
passage of MNO Secretariat Act.(Left to right) Minister
Zimmer, MNO Intergovernmental Relations Director
Joanne Meyer, MNO Chair France Picotte, Premier Wynne,
past-MNO President Gary Lipinski and MNO President
Margaret Froh. Click here to view a larger version.
Ontario Premier Kathleen Wynne and Minister of Aboriginal Affairs David Zimmer released the following statement on May 12, 2016:
"On behalf of the Government of Ontario, we would like to extend our congratulations to Margaret Froh on her election as President of the Métis Nation of Ontario.
Margaret Froh has spent her career working on behalf of Métis people, with a particular focus on legal and justice issues. With the election results, the Métis Nation of Ontario has recognized her leadership, vision and commitment to strengthening Métis communities across the province.
The Métis Nation of Ontario and the Government of Ontario have accomplished much in recent years, including the renewal of the Framework Agreement that sets out how we will work together to improve the well-being of Métis children, families and communities, and the incorporation of the Métis Nation of Ontario Secretariat Act, 2015, which recognizes the Métis Nation of Ontario's unique corporate structure within the existing provincial corporate law framework.
The Ontario government is committed to continuing to build a positive relationship with the Métis Nation of Ontario, and to working together in the spirit of mutual respect and collaboration. We look forward to working with Margaret Froh and wish her the best in this new role."
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Historic Sites of Manitoba: Millbrook School No. 101 (RM of Springfield)
The Millbrook School District was organized formally in October 1880 and, for a time, classes were held in a log building at SE27-10-6E. It was replaced by a wood frame structure on the northwest corner of 22-10-6E, on an acre of land in the Rural Municipality of Springfield donated by John Fetterly. Around 1940, school trustees purchased two more acres from Stanford Fetterly, son of John Fetterly, and erected the present building. After the school closed in 1964, remaining students went to Dugald Consolidated School No. 2427. The building was sold and renovated into a private residence.
Teachers who taught at Millbrook School included (1883-1906): John R. Steep, Edward Anthony Wharton Gill, P. A. Sinclair, M. J. Murphy, W. R. Taylor, James McIvor, C. S. Lyons, A. C. Robertson, Alma McLeod, Mary Povak, Maggie Foster, Thomas Ross, H. Gulls, Annie McQuade, Samuel Wilkes, J. McCormick, W. G. Henderson, J. H. B. Frances, and Ruby Lorner; (1906 onwards): Mr. B. H. Billinghurst (1906) Alma McLeod (1906, 1910), Mary McRae (1906), Eva E. Bruce (1906), Ella MacTavish (1906), Jessie J. Scoular (1907-1909), Madge McLeod, Helena McTavish (1911), Margery Maynard (1911), Isobel Johnson (1911), Ina McVager, Sybil McIvor (1912), Martha Murray, Mabel Kellington, May Millidge, Beatrice Peterson (1919-1920), Alice Moorhouse (1920), Jean I. Aitken (1921), Hilton L. Gunn (1921), Alice M. R. Thomsen (1922-1927), Katherine M. “Kay”Wenmon (1927-1928), Florence Ellen Potter (1929-1932, 1938-1939), Lois Kathleen Tisdale (1932-1933), Alice Margaret Blocker (1933-1938), Charlotte Betteridge McDonald (1939-1940), Marion A. Mackrell (1940), Mrs. Evelyn Brimacombe (1941), Mrs. Margaret Helen Bryce (1941-1944), Mrs. Kathleen Margaret Colbert (1941-1947), Frances Margaret Coey (1947-1948, 1950-1951), Elizabeth E. Gillespie (1948-1949), Mrs. Pauline Kruchak (1951-1953), Levi Goertzen (1953), Nora Helen Hadaller (1954, 1955), Joanne Parisian (1955), Marjorie B. Hadaller (1955), Joyce Leone Briercliffe Stroud (1955-1958), Mrs. Olive Grace Galloway (1958-1962), Rudy Fast (1962-1963), and Daniel “Dan” Talnicoff (196-1964).
The former Millbrook School building (circa 1986)
Source: Historic Resources Branch, Public School Buildings Inventory, slide 1265.
The former Millbrook School building (March 2012)
Source: Gordon Goldsborough
Site Location (lat/long): N49.85507, W96.70596
One Hundred Years in the History of the Rural Schools of Manitoba: Their Formation, Reorganization and Dissolution (1871-1971) by Mary B. Perfect, MEd thesis, University of Manitoba, April 1978.
A Study of Public School Buildings in Manitoba by David Butterfield, Historic Resources Branch, Manitoba Department of Culture, Heritage and Tourism, 1994, 230 pages.
Springfield: 1st Rural Municipality in Manitoba, 1873-1973 by Dugald Women’s Institute, 1974.
Manitoba School Records Collection, Millbrook School District No. 101 - Daily Registers, GR9480, Archives of Manitoba.
This page was prepared by Gordon Goldsborough and Nathan Kramer.
Page revised: 23 May 2018
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← Back to John Berry
Floating in Your Purgatory
A working artist for 35 years, Berry started his career as an illustrator before turning to painting. Initially he worked as a wildlife and landscape artist, exhibiting regularly. As he continued his career he turned his full attention to the landscape, painting Plein Air and then developing larger works back in the studio. Over time his work shifted to focus on the shapes and colors of a more abstracted landscape, eventually moving entirely to pure abstraction. Berry works intuitively, channeling feelings and emotions into the painting, the result of which are bold colorful works that exude a pure expression and passion for the act of painting.
Duality is the main idea behind my work. Who are we? There is so much too each one of us. Many things that are visible. Many more that are hidden. I like to think my work represents both the seen and unseen in each of our lives, the duality of our nature. Experiences molds us. DNA shapes us. We may have scars on the surface or beneath. The paths that we have tread play into whom we may become. Imperfections, beliefs and biases all contribute. Using color, pattern, line and texture my work strives to capture what it is to be human. To live with a dual nature of spirit and body, imperfections included.
I use the interplay of line, pattern, shape and color to explore what it means to be human. By adding marks, covering or erasing marks, I hope to convey a sense of a life lived. Using multiple layers, some opaque some transparent, I strive to explore how each one of us is layered. Some things we want others to notice, or more importantly we try to hide what has built and formed us. Line can also be used to show pathways or changes in direction that each one of us inevitably make. By combining these design elements, choosing which ones to highlight and which to shutter, in each individual work creates a distinct and unique piece, just as we all are.
This is what I hope to capture in my work, the complexities of living and making our way in a human world.
Western Art & Architecture
Illuminations: Ones to Watch, Spotlighting painter John Berry, Article by Michele Corriel, April-May Edition, 2017
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Four Year Sentence in $3.7 Million Mortgage Fraud Scheme
Rachel Dollar — January 30, 2017 — 1 Comment
Albert William Roberts III, 68, Lee’s Summit, Missouri, was sentenced to four years in federal prison without parole in connection with his role in a $3.7 million mortgage fraud scheme. U.S. District Judge Brian C. Wimes also ordered Roberts to pay $1,992,221 in restitution.
On May 13, 2016, Roberts was found guilty at trial of four counts of wire fraud. Roberts, a retired Kansas City, Missouri., school teacher, obtained a total of $3,758,420 from mortgage lenders and title companies from 2002 to 2007 for the purchase of a dozen properties from Penrod Homes, Inc. – three properties in Lee’s Summit, Missouri, six properties in Peculiar, Missouri, and three properties in Greenwood, Missouri. Most of the homes were priced in the upper $100,000 or lower $200,000 range; the most expensive was a home on about two acres for $1.3 million.
Although Roberts was found guilty of wire fraud specifically in connection with two of those transactions, evidence introduced during the trial indicated that Roberts’ fraud extended to 10 additional properties. Roberts obtained all 12 mortgage loans by material false and fraudulent representations and omissions of facts. He structured the purchases of the homes in such a way that he received $807,203 in kickbacks that were not disclosed to the lenders.
The sentenced was announced by Tammy Dickinson, United States Attorney for the Western District of Missouri. The case was prosecuted by Senior Litigation Consultant Gregg R. Coonrod and Assistant U.S. Attorney Kathleen Mahoney. It was investigated by the FBI.
In Mortgage Fraud Missouri
Rachel Dollar
Attorney Pleads to Tax Charges
EXCLUSIVE - PC Bank Home Loan...
One response to Four Year Sentence in $3.7 Million Mortgage Fraud Scheme
Steve February 4, 2017 at 9:20 pm
Shame theses liberals in Santa Barbara County California can’t do their jobs.
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For the sake of
As a media student, I had to fulfil a work attachment in order to successfully graduate. As an international student, I found it fairly difficult to find and secure myself a position in media production. This was after god-knows-how-many attempts via e-mail and phone calls to acquire an entry-level position in the media industry; most of them were even unpaid. This provided me good insight on the industry and its level of competitiveness. After many failed attempts, I finally managed to secure a position with a production company called Pea Tree Productions. I was so grateful and pleased that someone had finally decided to accept my CV, but at the same time extremely nervous because this would mean that I am about to be working on a professional set. A close friend once told me, “If you don’t have professional experience, you don’t have professional experience. Period.” So, the thought of working on a set as a production assistant, or any other role really, thrills me because I will finally be able to acquire professional experience.
Being the inexperienced final year student that I am, I did not know what to expect on my first day. I was a walking time bomb; I was bound to make mistakes, but just did not know when, or whatever magnitude it will be. All the thoughts that were going through my head included the number of people that I will be working with, who I will be working with, but the most concerning one was whether I would enjoy myself while working there. I entered an office building on William Street, nervously rehearsing my introduction. I was so engrossed that I did not even realise that I had already arrived at the 8th floor. The moment I stepped out of the lift, a woman who I presumed to be the production manager asked me, “Hi Bryan, can you help us with the equipment?” I was surprised that I did not even have chance to introduce myself, and I suppose that introductions were too overrated. From then on I realised that this was the beginning of my role as camera assistant/production assistant, and I have to stop worrying about making mistakes. Mistakes will be made, the important thing is that I learn from it. This is what it feels like to be on a no-nonsense work environment.
Fix-Her-Up is about a disgraced talk back radio host come renovator that tries to fix the love lives of her co-workers and clients, and is set to air on Channel 31. On some occasions, I will be running around and helping out each of the departments, be it keeping the set clean and tidy, distributing call sheets, to getting coffees. It was all very tiring but in the end, invaluable. The series ran a 2-camera set-up. I had the chance to operate the camera for 1 episode, and it was thrilling. From the assistant’s point of view, operating a Sony PMW-F3 did not seem tough, but when it came down to the real deal, it was fairly challenging. But for the most part, I was in charge of focus pulling, setting up and moving cameras, and assisting the director of photography.
Initially, a work placement to me was nothing but a mere hurdle that I had to see to if I wanted to graduate. I even saw it as a nuisance and I was honestly frustrated that I had to deal with it. It did not take me long to understand that experience, especially in this field, is pivotal. So, the only thing that I really wanted out of a work placement is just ‘experience’. Now, the problem here is I did not set a specific target for the sort of ‘experience’ I wanted to gain. I therefore set out to the vast abyss that is the Internet in search of the criteria of ‘experience’ I was looking for but to no avail. On black and white, my title was ‘Camera Assistant’, but I knew that the amount of experience I gain is entirely up to my attitude while on set, and what I do to further enhance my experience and make it worthwhile. I even went out of my way to create a list to outline my personal goals and objectives:
Maintain constant awareness of what is happening on set
Further improve technical skills (focus pulling, cinematography, getting familiar with different equipment and set-ups)
Get a feel of how everything else works (other departments: transportation, catering)
Expand network
Though it is a short list, I would like to believe that I have accomplished most of them. The only thing that I feel like I did less of was not being proactive enough. Due to long and continuous shooting days, I constantly found myself exhausted by mid-day, and I could not spare what is left of me to converse, if I wanted to maintain a good working attitude for the rest of the day.. I guess this could fall under the ‘Expand Network’ bullet point, but I felt like I should have tried to engage in more conversations with the crew, as all of them had more experience than me. Their advice and having them talk about their experiences will definitely benefit me one way or another. I also did not expect that shooting locations would have been so far apart from each other. One day I would be in an office building close to Flinders, the next day I would be at Glen Waverly, shooting outdoors under irrational Melbourne weather. Sometimes I wish I actually listened to my mother and bring a cap.
The most exciting thing I got to do on set was probably having the utmost privilege of yelling “Quiet on set!”. Not to mention the glorious slating as well. Apart from that, I also learned a lot of interesting things:
The director wants coffee. IMMEDIATELY go and get one.
Grips need time cards. GO and get a stack.
I should dress APPROPRIATELY, not to impress.
Crew call is NEVER going to be ‘as stated’
ANNOUNCE my mistakes
All of these seem to tell me to always prepare for bad things, and it is true. Film is organised chaos, from everything in front of the screen to behind the screen. Shoots almost never go according to plan (refer bullet point number 4 above). In fact, nothing ever goes according to plan. Somehow, elementary mistakes like forgetting to press the record button will happen. The tyres of the transportation vehicle will have a puncture. And at some point, a crucial prop will break on its own. At least, I have experienced my share of bad luck, and now have note-to-self(s) to remind me to take the necessary precaution and always, ALWAYS double-check.
Of course, being on the set is not all pure bad luck and mistakes. I have met a few production assistants on set who are younger than me, have been on many more professional sets, and worked in so many other productions. Some of them wanted to one day produce and possibly direct their own feature, some of them are already happy and wanted to be in the position that they are in. This astounds me, because why not go for positions that are much higher and more lucrative? This might sound cliché but what they told me was they wanted to do something that they are passionate about, and that is to be a production runner. To be fair, they were really good at their jobs. Come to think of it, the reason that they are good at their jobs is because they are experienced, and know what should be done next, and what should not.
I would like to say I know how to properly operate a digital cinema camera, but the director told me that no one in this industry fully understands how something operates, that’s why there are so many different roles on a set. Producing something requires a budget. The most expensive thing in any production budget is surprisingly not equipment or props, but people. I did my own math; Say I needed a 25-man crew for my film, and pay them each minimum wage, which is $17 per hour, for twenty days. That would cost approximately a hundred thousand dollars, if they were to work 12-hour days. All this still does not include catering, transportation, and any other production costs. That figure obviously put me down a little, but it still will not stop me from making my own movie. As an aspiring cinematographer, working alongside all these creative minds for two weeks has definitely broadened my knowledge. Without their guidance, I would not have been able to work my way through a hectic yet fun shoot without making a megaton of mistakes, and making a fool out of myself. With that said, I would say this work attachment has given me invaluable experience in terms of professional development.
cya
Written by Bryan Loh No comments Posted in Media 6
Dreamt
Probably the most productive one and a half hours this semester.
I, along with James, placed 2 NX70 cameras around the venue, one that captures the entire seminar (wide-angle), and one that focuses on the guests and our host, Ned. We also manned 2 DSLRs to capture additional angles. I captured stills of the seminar.
(From left) Sarah Stone, Sophie Draper, Nick Pearce, and Ned.
We started off the seminar with Nick from Homeless of Melbourne, who co-founded the organisation with friends Robbie Gillies and Marcus Crook, who was with us during the seminar. They stock high quality first-hand clothes while distributing the profits to local homeless services.
When does ‘starting a dialogue’ start to translate to significant action, though? #socialseminar
— Alois Alois Alois (@TB_Love) August 21, 2015
This question posted by Alois makes a fair point. Some things are easier said than done. Nick emphasised the importance of social media as it is a tool with immense influence and reach. Homeless of Melbourne stems from a social media initiative, and now has a reach of 27.5 thousand people on Facebook.
Uber was developed and marketed as a smartphone app that allows users to use it as an alternative to taxis. The emergence of smartphones and social media apps propagated the business to a global level.
Sophie talked about how to acquire and maintain a job in such an industry. Amongst the massive pool of social media apps and businesses which share similar models, it is the motivation and drive that distinguishes the regular apps and those that of the caliber of Uber.
With both of our guests speaking mainly on the business aspect of social media, we had Sarah Stone as our final guest to speak about creating a career in social media.
Does creating content for mass ‘youtube’ audiences mean you have to compromise on creative integrity tho? #socialseminar
— Ajeet Sandhu (@azzyteam) August 21, 2015
Sarah spoke of creating content purely out of personal interest, and it is entirely up to her audience whether they like it or not. She also said that she does not compromise on creative integrity, and not catering to specific audiences. A fair point to be mentioned, because Sarah says that Youtube channels that are about food, or gaming, generates a lot more revenue compared to her own.
I concur with Sarah’s view on not making creative compromises just to cater to a wider audience. Just like our seminar series, we were focusing more on creating a seminar that would potentially give more clarity on how to acquire a career in social media.
Overall, I think what brought about what I think of is a successful seminar, is a cohesive and dynamic group. The roles were established relevantly early and we had clear group goals and objectives. Disputes and questions were resolved within the Facebook group, if not face-to-face meetings. Having Mark in the loop was also very helpful in overall group productivity. Even though a career in social media isn’t my first option, it is an interesting field to work in.
Thank you social media group #socialseminarpic.twitter.com/hd0OCIMMTD
— Sam Kininmonth (@saminburncity) August 21, 2015
We had several meetings to discuss the details of the seminar and to further establish our goals and motivations. Me and James brainstormed some ideas for our promo video. Our main inspiration came from the 2010 film ‘The Social Network’.
We were particularly drawn to the introduction of the trailer, as its style is somewhat like what we had in mind. We then proceeded to shoot multiple clips of social media sites, including ‘HoMies’, Uber, and Youtube. James then compiled those clips and worked up a promo vid.
I was told that we had a pre-booked set of recording equipment that we’re supposed to use in recording the seminar. The equipment included 2 NX70 cameras, some lapel mics, tripods, and a standard seminar kit. What troubled me the most was that a mixer was also in the list.
Acquiring clean audio was probably the task that we were most worried about. Me, James, and Azim all worked on the technical side, and we approached the tech staff at building 9 for instructions on how to work the mixer. I personally did some research on how to operate the mixer, just so we would have a proper sound system and there would be no (less) technical problems on the day. It was then decided by the group that we should all have a meeting and head to the seminar venue to get a gist of the surroundings and atmosphere. I took the liberty of taking behind the scenes photos.
We then worked out how to operate the desktop, monitors, and the lighting as we planned to show videos. We also intend to utilise social media to further promote our seminar, mainly Twitter. The hashtag #SocialSeminar will be used by both us and the audience to ask questions or post anything related to the seminar. All was ready.
Is The Dream Real?
Missed week 2, get put into International Jobs, appeal, get Social Media.
Film would be my first choice, but Social Media worked out well for me.
The overarching theme was ‘Epic Adventure’.
The dream is real.
My group mates are sensational. It was only week 3 when I realised that so much has been done for the upcoming seminar (week 5), and at the same time so much more to be done. When I joined Bec had already written up the concept behind our seminar, and Imogen assigned roles afterwards. I suggested to the group that we invite at least 1 Youtuber as Youtube’s reach is phenomenal, and it would give us another perspective towards building a career in social media. It is not to be forgotten that we, as seminar organisers, are also participants and it is important that we enjoy the process and learn something from this experience.
It was decided (had to be) by week 4 that our title will be “In(ternet)ception” and our guests are,
1. Marcus Crook & Nick Pearce from Homeless of Melbourne a.k.a “HoMies”
2. Sophie Draper from Uber
3. Sarah Stone, Youtuber
Since I am more familiar with the technical side of things, I teamed up with James to be in charge of the video and audio department. Our job includes creating promo videos and recording the entire seminar. Given the amount of time that we had, I think we were on the right track and were in good shape.
[The Story Lab] Is It Tomorrow Yet?
Here it is. The End(?)
Let’s all agree to disagree, that The Story Lab has been (mostly) about transmedia. Transmedia is important, don’t get me wrong. It has and will be, a crucial element to storytelling. Such examples include a post I wrote earlier in this course, the Matrix franchise, The Dark Knight’s marketing strategy, etc. What I am trying to say is, the concept of transmedia is easily grasped, but it isn’t the same in terms of application.
I only came to realise that there was so much more planning required to transmedia storytelling in the later stages of our preproduction. It was then too late for us, to implement any sort of strategy to execute a successful transmedia story. Thus, the transmedia element in our final project, which was a Facebook page, merely acted as an entry point for our viewers, and it did not contribute much to the narrative as much as we hoped it would.
Tl;dr: More practical, less theory.
Written by Bryan Loh No comments Posted in The Story Lab
[The Story Lab] Tomorrow’s Premeditation
With the main cast. (From left: Stan, Sam, and Christine)
Samuel, who plays Ryan
Stan, who plays Ryan, and Christine, who plays Brenda
Director – Jono
Bryan – Cinematographer
Jamie – Sound Engineer
[The Story Lab] Not Your Average Sunday
The end of the world seems like a nightmare to Ben. A memory of a past life that doesn’t belong to him. When Ben starts to remember Isabelle, the only love he’s ever known, he realises she’s missing in his life. An existential descent into confusion and the desperate need to find out the truth begins. This reality depicts a stunning, surprising and dark world. A world that is clearly not his.
I stumbled upon this particular video on Vimeo. Being a sci-fi fan myself, I think that Sundays has set a new benchmark for most proof-of-concept shorts out there, like Leviathan. (which is also amazing, don’t get me wrong) With a budget of just over 50k USD, Sundays has successfully set the path for what I think would be an amazing feature film.
[The Story Lab] Story Synopsis… Draft or Not
We recently finalised the script for our final project. Jamie has been working on this relentlessly and it is safe to say that we are all happy with the outcome and the direction that this is headed.
The time is six in the morning and the sound of an alarm goes off. The ringing and buzzing sound fills the room as KEITH, in his mid forties and overweight, stares at the ceiling, ignoring his ringing alarm. His hand slowly reaches for the alarm and turns it off. Keith sets the alarm at this time so that he can get some exercise. He stares in thin air for a few seconds and ponder the possibility of getting out of bed, but he finally snaps out of it and goes back to sleep
Keith is making breakfast to get ready for work. After he indulges in a breakfast composed of fried eggs he fights the temptation to make more but eventually loses his will power. Keith is now in the shower with water cascading over his back as he hangs his head down. He then moves to groom himself but since he is displeased with his appearance he has a sorrow expression on his face.
Keith in now at his cubicle talking on the phone. Keith has worked as telemarketer for the last sixteen years of his life at The Foil People. He repeats the line given to him over and over again and has to deal with repeated abuse from people that do not want to be called.
Keith walks into the company tearoom. There he finds BRENDA, a recent employee at this company and always with a warm smile. Keith opts to sit at the corner of the table instead of next to Brenda. As he opens his candy bar, RYAN, a health freak that pushes his lifestyle onto others enters the tearoom. There Ryan starts to lecture Keith about his poor health to which Keith insulted Ryan numerous time in his head but opted to contain these feeling of animosity towards him.
Ryan felt that the conversation was not going to bear fruit so he asked Keith to up to the roof with him as a gesture of good faith. The mention of the room brings up fantasies in Keith’s head about him edging closer and closer to the edge until he falls down. This makes Keith panic so he declines Ryan’s offer. Ryan walks out of the team room rejected as he is soon followed by Keith. Brenda witnesses all this and starts to wonder about Keith’s odd behaviour.
The shift in over so Keith walks out of the office building and suddenly gets tapped on the shoulder. He frantically turns around to find it was Brenda. She asks him if he was able to give her a ride home since the trains in her line weren’t running for a couple of hours. He timidly agrees to take her so they walk to his car.
Upon their arrival at her house she gets out of his car. After she apologises for any inconveniences, she asks him about his irregular behaviour in the tea room. Keith is put off by this line of questioning so Brenda garbs his arm to his surprise. She admits that she may not know him very well so she doesn’t get the full picture but she expresses her desire to get to know him better. This causes Keith to smile as she thanks him again for the ride and sends off.
Keith’s love for videogames and junk food are at full display as he is playing on the couch with an empty bag of chips and an empty pizza box for company. While still playing images of his exchange with Brenda flood his mind. He pauses the game and reflects back on his life and if there was any chance for him to escape his tedious reality.
Keith suddenly jumps off the couch and heads for the exit. Once outside he starts to jog. With new found determination, he is able to attempt to change his life. Keith has hopes for tomorrow, hopes that he has given up on for many years as he continues to jog into the sunset.
[The Story Lab] Statement
Our project is very much a linear story of an introvert who seems to be on the brink of insanity, as he is portrayed to be constantly playing out scenarios in his mind along with his incessant monologues and dark jokes. Just when he thinks that his self-esteem has hit a record low, he stumbles upon a fellow female coworker who finally becomes a reason for him to be optimistic about life.
My role in this project would be to visualise and carry out the narrative in such a way that it is both aesthetic and relatable to our audience. The transmedia element of this project would be the main character’s Facebook profile, as well as the Facebook page of the company that he works for. These elements further emphasise the dark undertones in the film, where all these supposedly motivational posts on the company Facebook page have a more reversed effect on the main character.
The general theme revolves around escapism, humor, and hope. We would want to give the impression that the main character (Keith) often wanders off in his own imagination and has constant monologues, therefore giving the film a feeling where reality is off-kilter. Therefore, the color style that we would implement in our film is a greenish/bluish filter that provides a somewhat ambiguous and ingenuous undertone. A large part of the film will be dismal and gloomy and the mood will lift up progressively. A scene in David Fincher’s “Fight Club” where Edward Norton is shown contemplating accurately depicts the tone that we wish to convey in our film.
Image credit: Fight Club – 20th Century Fox
There are some movies that have applied a greenish filter for scenes that were slightly dark and grim. Timur Bekmambetov’s “Wanted” share some similar themes, where the character exhibits escapism in the form of consuming anxiety pills, and the scenes that follow compliment it with it’s dark humor. The color tone of this office scene is comparable to our film where it shows monotonous work and workplace relationships.
Image credit: Wanted – Universal Pictures
The Wachowski’s Matrix (a.k.a one of the greenest movies ever made) would also be a good example here. Their use of a greenish and bluish tint throughout the entire Matrix trilogy was so that the audience could distinct which was reality and which was the Matrix. (bluish for reality, greenish for the Matrix)
Image credit: The Matrix – Warner Bros
The mood of the film lightens up as it approaches the end, and it will have a warmer tone to it as to accommodate the theme of hope, where the main character finds his love interest and finally finds something to be optimistic about.
Image credit: The Secret Life of Walter Mitty – 20th Century Fox
[The Story Lab] Case Study: How I Met Your Mother
I have written about transmedia in my previous post.
In this post, however, I would like to implement Henry Jenkin’s interpretation of it here as I think I have a better understanding of it now as I had previously. It is, as follows:
the art of telling one story over multiple media, where each medium is making a unique contribution to the whole.
At the heart of transmedia storytelling, lies imaginative universes that are governed by their own rules. (Giovagnoli, 2011) ‘How I Met Your Mother’ is a world that employs transmedia elements that has, over the years, ensured the show’s relevancy in modern pop culture. These elements kept the show interesting both on and off-air for audiences, which adheres to the core goal of transmedia storytelling – to create a compelling story. (Phillips, 2012) Even as attention spans are shortening and media consumption is fragmenting, fans are still willing to participate and immerse themselves in this storyworld, and even extend it through their contributions.
HIMYM became increasingly transmedia in it’s aesthetic, and in such it allowed viewers to view it not as a linear narrative, but a multi-platform immersive experience. Characters in the show would occasionally mention websites, made-up holidays, and even have their own products, like the infamous “Playbook“. Fans can actually purchase these tie-in books, which are all penned by Barney Stinson. Like most transmedia elements, all these pieces contribute to the narrative at some point, one way or another. For example, Barney is the promiscuous bachelor who proudly upholds “The Bro Code“, and also bears the identity of the prodigal Lorenzo Von Matterhorn. Another example is the occasional mentions of Robin Sparkle in the narrative. The character’s backstory involves music videos that she made when she was a Canadian pop star:
According to Giovagnoli, one of the four essential guidelines to rouse audience participation is to provide a clear explanation of the relationships among the different media, suggesting descriptive areas and expressions that can be shared by the audience. The Slapbet Countdown, for example, engages the audience in a real-time countdown towards one of the many major events that will occur in the story. The Twitter account of Barney Stinson, is another prominent element that contributes to the narrative, and also acts as a link between the media involved in the project:
If you have extra money, you should donate it to charity. If you have EXTRA extra money, buy this Robin Sparkles track! http://t.co/rUFc8y4U
— Barney Stinson (@Broslife) February 5, 2013
According to Christy Dena, the Australian pioneer of cross-media studies, said that a project with many different media platforms, also offers many entry points for the audience. Jenkins argues that each franchise entry needs to be self-contained and the viewer does not have to have knowledge of the film or story to understand them. I, however, coincide with Giovagnoli, where he says that an audience should not reach a story’s primary point of entry in an unsuspecting way, but rather by consciously moving towards it.
HIMYM, in my opinion, has perfectly executed its narrative in terms of slowly expanding different elements, all without affecting the story’s fundamental moments of navigation.
Giovagnoli, Max. (2011). ‘Chapter 2: Plan Transmedia.’ In Transmedia Storytelling: Imagery, shapes and techniques, pp. 34-54. Halifax, Canada: ETC Press.
Phillips, Andrea. (2012). ‘Creating Transmedia: An Interview with Andrea Phillips (Part Two)’ Available at http://henryjenkins.org/2012/11/creating-transmedia-an-interview-with-andrea-phillips-part-two.html Accessed 13th March 2015
Jenkins, Henry (2006) Convergence Culture: Where Old and New Media Collide. New York: NYU Press. Pp. 95-6.
Kimberly Lai on The Encounter 2 (in no way affiliated with The Encounter)
estherlevy-fenner on Confessions of a Malaysian overseas student
Week 4 Workshop | Tim Chapman on Confessions of a Malaysian overseas student
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PUTTIN’ ON THE RITZ AT ROSARIAN AUCTION & BALL
The Rosarian Academy 39th Annual Auction and Ball, Puttin’ on the Ritz, took place Saturday, March 10, 2018, at Eau Palm Beach. Auction Chairs Ali Rehm, Kathy Steele, and Liz Yavinsky deviated from holding the event at The Breakers to something ‘eau’ so new. The Chairs and their committee executed one of the most successful fundraising events in the school’s history.
Over 230 guests partied like it was 1925, venturing back to the Roaring 20’s—a decade of prosperity. The nation’s total wealth more than doubled between 1920 and 1929. Rosarian Academy was founded in 1925, right in the middle of this exciting time. Rosarian attendees celebrated the school’s rich, long-standing history and helped the local private school raise over $300,000 going directly to school operations to continue the prosperity that lies ahead.
While guests used smart phones and iPads to bid for silent auction items through BidPal for the fifth consecutive year, auctioneer and long-time supporter of Rosarian Academy, Jim Arrigo, led the live auction for the seventeenth year.
As an independent school, Rosarian relies solely on donations and fundraising activities to bridge the gap between tuition revenue and the actual cost of educating students. Fundraising is the key to providing and bettering the robust “Rosarian experience” that ensures every child leaves the school with a foundation for future success in any career path.
Some of the underwriters who made the Auction possible include: Mr. & Mrs. Jim Arrigo, Mr. & Mrs. Gerald Jordan, Mr. & Mrs. William Koch, Mr. & Mrs. Sean Lang, Ms. Danielle Hickox Moore, Mr. & Mrs. Stephen Moore, and Mr. & Mrs. Matthew Smith.
The tradition of the Auction and Ball, the school’s largest annual fundraiser, is a well-loved and attended event by the Rosarian Academy community. The 40th Annual Auction and Ball will be held March 9, 2019, at the Eau. Leading the way in 2019 is Mary Damiano, Hayley Jarvi and Emanuela Marcello.
Rosarian Academy, founded in 1925, educates students from early childhood through eighth grade and offers an exceptionally strong academic program enriched by athletics, visual and performing arts, and community service opportunities. The independent, Catholic school is located on Flagler Drive in downtown West Palm Beach and is sponsored by the Adrian Dominican Sisters. Complimentary bus service is available throughout Palm Beach County. For more information, visit www.rosarian.org or call 561.345.3106.
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Home / News / Ivanka Trump Is Moving to Washington, D.C.To Be Obamas Neighbors
Ivanka Trump Is Moving to Washington, D.C.To Be Obamas Neighbors
January 04, 2017 News
Ivanka Trump has made her upcoming move to Washington, D.C., official by purchasing a mansion in the nation’s capital.
Ivanka Trump and Husband Jared Kushner Planning Move to Washington D.C.
As her father prepares to move into the White House, Trump, her husband, Jared Kushner, and their three children, Arabella, Joseph and Theodore, will be following him to the nation’s capital.
Washington Fine Properties agent William F.X. Moody confirmed the move to The Washingtonian, telling the magazine that Trump had finished off a deal for a 6 bedroom, $5.5 millon D.C. house.
The Kushner family will be moving to Kalorama, the same D.C. neighborhood that the Obamas are planning to move to after they leave the White House. The two families will live less than two blocks apart.
Last month, PEOPLE reported that Trump and Kushner were planning a move to Washington. Though Trump still does not plan to take on a formal job in her father’s administration, she does hope to have influence in the policy areas she’s passionate about, like maternity leave and child care for working mothers.
“Everyone is adjusting to these new circumstances during the transition period, and while Ivanka has no intention of taking a formal role in the administration, she plans to be an advocate for issues she cares deeply about,” a source close to Ivanka tells PEOPLE.
However, there’s widespread speculation that Kushner, a close adviser during his father-in-law’s campaign, could be taking a position in the Trump White House.
Whatever formal roles they do or don’t take in the new president’s administration, Trump and Kushner will clearly be a presence in D.C. in 2017.
Ivanka Trump Is Moving to Washington, D.C.To Be Obamas Neighbors Reviewed by newsrepublique media on January 04, 2017 Rating: 5
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A conscience vote is meaningless unless it is a two-way street
By Leslie Cannold - posted Tuesday, 23 September 2008 Sign Up for free e-mail updates!
Such questions may not be front of mind for our state MPs, but they should be. Before the year is out, Victoria's MPs will cast a conscience vote on bills about physician-assisted suicide, abortion and assisted reproductive technologies. Conscience clauses will be contained in each of these bills.
Our understanding of the proper role of conscience in politics and health remains murky. What is conscience, why are we pledged to honour it, and what responsibilities do those who claim the right to follow theirs have to others?
The right to act according to the dictates of our conscience is founded in the value of autonomy. Autonomy means self-rule. An autonomous person is one who is free to direct her life according to her own values. It would be hard to overestimate the role autonomy, and therefore conscience, plays in the value systems of contemporary Australian society. Our political and legal structures are grounded in the belief, to paraphrase High Court Justice McHugh, that autonomous individuals are entitled to make, and are consequently responsible for, their own choices. And our health system, in line with that of others in the Western world, has shifted in the past few decades from the paternalistic idea that doctors know best, to the view that patients have a right to make their own informed choices about their care.
All this suggests what is true: that most learned discussions of conscience focus on the duties lawmakers and medicos have to protect the autonomy of citizens and patients. This is for good reason. Both our elected representatives and health care staff are professionals: trusted and respected members of society with a duty of care to those they are sworn to serve and heal.
Despite this, some professionals in Victoria seem primarily concerned with their rights when it comes to conscience, not their obligations. Some MPs, understandably pleased at the rare opportunity to shrug off party discipline, see a conscience vote as a chance to register their own value positions on the issues at hand. In the same way, conscience clauses in bills on euthanasia, abortion and ARTs tend to spell out the entitlements of medical professionals to refuse treatment they deem morally objectionable, but are silent on their obligations to ensure patients get timely, appropriate care.
We need to get the balance right. Yes, the entitlements of MPs and medical professionals to follow the dictates of their consciences are part of the autonomy story. But if mutual obligation means anything, then political and medical professionals who assert their right to vote or to refuse care on grounds of conscience must take their responsibilities to foster the autonomy of those they are bound to serve - we citizens and patients - just as seriously.
They can do this by recognising that it is unconscionable for someone to defend the right to follow his conscience, then deny that very same right to someone else. Such moral hypocrisy is compounded when those denying the autonomy of others are professionals, and those they are denying are the citizens or patients they are sworn to serve.
For politicians, this means thinking twice about using a conscience vote to pass a law that denies citizens the right to act on their consciences when terminally ill, facing an unplanned pregnancy or seeking to conceive using ARTs.
For medical professionals, it means ensuring that all conscience clauses in legislation include an obligation to refer. That is, where the law articulates the right of doctors, nurses and pharmacists to refuse treatment on grounds of conscience, it must also spell out the obligations of professionals to ensure their patients' needs are met elsewhere.
Pro-life groups continue to resist such basic demands, though medicos tend to be on board. A recent letter to all Victorian MPs signed by a number of religious leaders spent paragraphs detailing the extensive rights of health-care workers to refuse treatment on grounds of conscience, and just one sentence tartly rejecting the idea that these providers had any obligation to refer.
In contrast, the ethical practice guidelines of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists instructs its members to "offer or arrange a further opinion and/or ongoing care with another suitable practitioner if the therapy required is in conflict with (your) personal belief/value system."
With all rights come obligations, and the freedom to follow one's conscience is no exception. As members of our community, politicians and health-care workers are as entitled as the rest of us to live their lives according to their values. But because they are professionals, these rights come with significant responsibilities, responsibilities that come down to a requirement that those who act from conscience live by the golden rule: do to others as you would have them do to you.
First published in The Age on September 10, 2008.
Dr Leslie Cannold is a writer, columnist, ethicist and academic researcher. She is the author of the award-winning What, No Baby? and The Abortion Myth. Her historical novel The Book of Rachael was published in April by Text.
» Are Christians really the source of Oz values? - April 21, 2011
» Why can't a woman's s*xuality be more like a man's? - June 10, 2010
» Patently absurd - May 10, 2010
» What we have is the failure to communicate - June 23, 2009
» Good parent, bad parent: private school, public school - November 30, 2007
All articles by Leslie Cannold
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Pursuant to par.13 of the Legislative Decree of 30 June 2003, no.196, and to its successive modifications and amendments, hereafter referred to as the Privacy Code, we as the Subject hereby inform you that the personal information (hereafter referred to as Information) either supplied by you or otherwise legitimately acquired in pursuance of our activities is handled in full accordance with that Privacy Code and with the obligations of confidentiality which characterise the operations of Pilarmonica S.p.A. (hereafter referred to as Philarmonica). The Information is gathered by remote means (and in encrypted form), then processed by computerised and manual means, exclusively for purposes connected to the furnishing of services requested by the User. Processing is carried out in conformity with privacy regulations currently in force, with particular although not exclusive reference to the Attachment to the Privacy Code B (Technical Code regarding minimal security measures). Such Information is available within the Philarmonica organisation only to employees who need to have access to it for reasons of responsibilities that follow from our contractual relationship with you. The complete and updated list of such employees who may be delegated for such activity is available to you from us. That information can be communicated to bodies, authorities, public institutions, banks and credit institutes, professionals, independent contractors, business partners, and third parties which are utilised by Philarmonica to satisfy its contractual obligations, as well as to whoever may be a legitimate addressee of communications provided for by legal obligations or regulations. Such subjects, as Owners, Managers, or employees delegated to such processing, shall handle and process that Information, whatever the individual situation, exclusively for the above-mentioned processing purposes. Such Information shall in no way be divulged. Philarmonica informs you that you may invoke the rights listed in par.7 of the Privacy Code, among which are, simply as an example, the right to request access, to cancel following violation of law, to update, to correct data, and to block processing for legitimate reasons. The Owner of such processing is Philarmonica, which may be contacted at the following address: Via Privata De Vitalis 2/A - 25124 Brescia - Italy - E-mail: [email protected] The information systems and computer programs have been designed to reduce to a minimum the use of personal and identifying information not necessary to the above-mentioned processing purposes. The communication of the Information is necessary to the provision of services, and failure to furnish such Information will entail Philarmonica’s inability to provide such service. Philarmonica hereby notifies you that in order to completely furnish services such as subscription to its newsletter, processing aimed at replying to user’s questions, and transmittal of requested information, within the limitations and methodologies established by law and these present guidelines, pursuant to par.24 of the Privacy Code, your consent is necessary.
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Her Majesty's Government
Agnes Hamstead
Prime Minister and First Lord of the Treasury: Rt. Hon. Agnes Hamstead
Deputy Leader of the Labour Party & Deputy Prime Minister: VACANT
Chief Government Whip: Rt. Hon. Daniel Burton
Leader of the Government in the House of Commons: Rt. Hon. Agnes Hamstead (interim)
Chancellor of the Exchequer and Secretary of State for Employment & Welfare: Rt. Hon. Michael Nash
Secretary of State for Foreign and Commonwealth Affairs: Rt. Hon. James Mercer
Home Secretary: Rt. Hon. Noah Robinson
^Responsible for the Home Office, Lord Chancellor's Department and Attorney General
Secretary of State for Defense: Rt. Hon. Daniel Burton
Secretary of State for Natural Resources & Environment: Rt. Hon. Joseph Flanagan
^Includes Agriculture, Fisheries, and Food, Energy and Environment
Secretary of State for Public Services: Rt. Hon. Janet Marshall
^Includes Health, Education and Transportation
Secretary of State for Northern Ireland, Constitutional Affairs & Devolution: Rt. Hon. Moray Mac Gill Fhaolain
^Includes the Northern Ireland office, Welsh office, and Scottish office
Her Majesty's Government - by Agnes Hamstead - 09-24-2018, 08:14 PM
RE: Her Majesty's Government - by Agnes Hamstead - 10-04-2018, 06:36 PM
RE: Her Majesty's Government - by Agnes Hamstead MP - 10-29-2018, 06:53 PM
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You are here: Home > Leader of the pack
Leader of the pack
24 April, 2015 01:53 PM | By Colin Tate
It’s important to outline a strategy for management and leadership skills in order for a practice team to thrive
Following the passing of the Health and Social Care Act 2012, general practice needs to consider its capacity and capability to respond to the intended transfer of many services from secondary care into the community. This transfer requires the business leaders within general practice to refocus their strategies as both independent contracted organisations, and as members of clinical commissioning groups (CCG).
To explore this need further, this article looks through a ‘competencies and values’ theoretical lens, at how general practice leadership teams can apply their business management and leadership skills, and how education is used to support their business related development.
General practice clinical leadership has been well documented in terms of clinical service redevelopment; however there appears to be few studies relating specifically to general practice, business management and leadership skills.
Traditionally, general practice management has taken the form of organisational administrators, with strategic support coming from UK government bodies such as health authorities (HAs) and primary care trusts (PCTs) with little change since the inception of the NHS in 1948. Since the abolition of PCTs, general practices have had to up their game managerially, and ensure they have appropriate in-house capabilities for meeting strategic needs. This appears to be evolving in two forms:
General practitioners are either taking strategic management responsibilities of their organisation themselves or through the buying in of strategic business managers from a provider perspective.
While CCGs are taking responsibility for redefining strategy from a commissioning perspective across the wider primary care sector.
Meanwhile, current GP training focuses predominantly on clinical skills and not covering to any extent business management, arguably leaving GPs under qualified to meet the demands of the Act, there remains a considerable need for business managers to take control of primary care organisations.
Subject to these recent NHS reforms, general practice must work differently, starting by looking at the exposed gaps in the different business models applied to primary healthcare organisations and in terms of changing from an independent contractor to a federation. The skill set required to lead these organisations must also be developed. By raising awareness about, and implementing a management and leadership qualities framework (as seen in Table 1) in relation to an organisational/educational strategy, individuals can be mapped against their existing skills. That will therefore identify those skills unaccounted for, which could then be used to target educational development plans. In addition, the leadership team may choose to map themselves to a qualities framework to aid in their personal development plans.
Primary care management
The role of general practice has developed quite considerably in its 67 years where most importantly in 2004, following the agreement by the British Medical Association (BMA) to the new General Medical Services (GMS) contract that relieved general practitioners of their duty to offer 24-hour care to their registered patients by introducing out of hours (OOH) services while also offering GPs additional income based upon the Quality Outcomes Framework (QOF).
However, in return the new GMS contract lays out strict organisational expectations that includes the close monitoring of staff roles, of which practice management is noted as being “a critically important function”. The new GMS contract continues with the following statement: “Practice managers will have an increasingly important role as they become the experts in the operation of the new contract, including all the new mechanisms outlined in this guidance.”
Clearly this puts practice management at the top of primary care organisations, and heavily involved in any future strategic developments. It can be argued that this suggests that central government aims to increase its hold over GPs’ powers through such managerialist initiatives; however, paradoxically, managers are increasing their influence in the NHS albeit to increased criticism from the general public; suggesting the focus of the NHS is moving from clinical to administrative.
In terms of director level competencies, it is possible to identify, categorise and prioritise the competencies that directors require to be more effective in their roles. In the context of director level competencies (senior GP leaders), there are a number of key competencies that relate to the distinction between management and direction, which should be considered in conjunction with the responsibilities of directors as set out in the Companies Act 2006.
The guide, Good Practice for Directors – Standards for the Board (Institute of Directors, 1995) shows a number of attributes required by a competent manager/director. These have been categorised into six headings: achievement of results, analysis/information management, communication, decision making, interaction with others and strategic perception.
It is suggested that competency development should contain an overall narrative definition, plus three to six explicit ways to exhibit the competency within the organisation. In order to be useful, competency models should provide specific behaviours the individual needs to emulate, as well as offering an explanation of the expected business outcomes and benefits produced by that competency. It could also be argued that organisations need to know what competencies to target before they can develop, implement, and evaluate appropriate training programmes designed to augment those competencies.
Existing and emerging GP leaders and managers must recognise the importance of values in terms of how they relate to the delivery of primary healthcare and how it relates to those emerging primary healthcare organisations from both an individual and organisational perspective. Leaders and managers should pay particular attention to how values affect patient care during current financial austerity, rate of change, and quality improvement.
The book Tribal Leadership, by David Logan, John King and Halee Fischer-Wright, describes shared values at stage five, as being the pinnacle of all tribal stages, where the whole tribe have come together based upon their values and with a shared aim to achieve their ultimate cause. These shared values can empower relationships between providers and commissioners and between related professions, leading to an advancement of priorities beyond politics and morals towards shared goals and strategies.
Qualities framework
The qualities required of leaders related to general practice are complicated and fraught with conflict. As ‘providers’ of healthcare, general practices must demonstrate the ability to offer high-quality healthcare to their patients, while the qualities required as members of the CCG, in terms of ‘commissioners’ of those services, must demonstrate efficiency and value for money. Importantly, it is required at all times that they must show due diligence in relation to conflicts of interest.
It can be surmised that general practice leaders see the need to hold business skills within their own organisations as necessary, but see the need to hold these same skills for their membership of the CCG as unnecessarily imposed. However, in order to help understand these needs a qualities framework seen in Table 1 below can be used as an example of how to aid general practice leaders in their planning of ‘qualities’ attainment applied to either role.
A set of competencies should support each domain in relation to each quality, where an individual can rate themselves as basic, intermediate or advanced for each within that scorecard. By totting up the number of competencies the overall rating of that quality, and should be recorded on the framework.
From this graphical scorecard it can easily be seen which qualities require further development.
If primary care leaders adopt the use of educational frameworks such as that seen in Table 1 then they can be assured that they will be best placed to attain success; whatever that may be.
Colin Tate is a director at Primary Care Manchester Ltd.
Featured In Issue:
Management in Practice 40 | Spring 2015
Colin Tate
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« Arrow Has Failed its Fans?
Those 3 Little Words »
Shiny and flimsy, but not a complete flop.
brain thoughts,
Jupiter Ascending launches enough big ideas to make it the next Matrix trilogy. You just have to make it through the first half of the movie. *Spoiler-free thoughts*
The sci-fi/fantasy genre is more accessible than ever. With all the good, however, comes a lot of bad. Knowing how over-the-top and gimmicky the trailers for Jupiter Ascending have been, the best thing going for the film is how low expectations are.
At first, it’s just another cellophane bag of corn starch and cheesy air that the vending machine at Warner Bros. has been storing, waiting for audiences to snap out of their Oscar mindset and crave mindless summer blockbusters once more.
But not completely.
The science fiction in Jupiter Ascending is simplified; not mindless. This movie isn’t a bad bag of chips. Like a good bag of chips, it’s better when the burden of consuming it is shared. The intentions are good. It’s entertaining. It creates good conversation. And like the basis of all good science fiction, it challenges us to think about the world we live in. Jupiter Ascending just happens to do it using Mila Kunis and Channing Tatum.
Maybe that’s the state of mainstream science fiction. Maybe the masterminds behind The Matrix need to cast teen idols in their space opera about the industrialization of life in the universe to — above all else — make the concept easier to digest.
The risk pays off.
As the story unfolds, all casting really does seem like a good choice. Almost like certain scenes were written with the actors in mind. Grounding the audience with eye-candy rather than intense actors is what makes the story accessible. There’s an obvious Cinderella angle that Mila Kunis plays, successfully making her character the only one that really develops. She is Jupiter. And she is ascending. That’s not to say that the fairytale set-up goes without a strong villain.
Speaking almost in whispers, the main villain steals scenes by choosing his words carefully, ruthlessly cutting other characters down by being quietly powerful. The technique evokes fear in a strangely unique way.
The fun part is that when he snaps, he really snaps.
Along with the royal space villainy comes alien species, planets and galactic dynasties that are all named in easily forgettable ways. The most memorable thing about Jupiter Ascending, of course, are the visual effects in the action scenes.
The Matrix achieved amazing fight choreography and innovation in its action sequences. Instead of bending physics and creating “bullet-time”, Jupiter Ascending has a genetically spliced bounty hunter that is half man, half wolf who is able to skate through the air on anti-gravity boots. Though, not as slick as the slow-motion dodging of bullets, the anti-gravity accessory lends to incredibly beautiful movement through enemy lasers, in realtime.
Whether it’s through the streets of Chicago or the passageways of some distant civilization, the anti-gravity skating never gets old. It’s always cool to see it used in different environments that demand the hero to use his resourcefulness to save the day. These highs are especially great because they last much longer than the lows of the romance that gets thrown in.
Even though the actors pull off the intimate scenes, the romance isn’t naturally established. In fact, it’s never really needed. It only seems to fit among the fairytale foundation that the sci-fi spectacle rests on for some reason. Checking romance off on a list of things that make movies popular is nice, but the contrast between lovey-dovey moments and saving the planet Earth doesn’t help the overall tone of the movie. The underlying love story isn’t given enough time to develop. There’s so much action going on that it seems almost impossible to give the main characters time to develop a real connection. It’s true that people bond in times of need, but so much of Jupiter Ascending is dedicated to progressing the plot that only Jupiter herself can develop; sky-skating wolf man can’t.
Like Neo in The Matrix, Jupiter learns to gain control of the world around her. Seeing this is one of the movie’s highlights. There’s nothing cooler than a badass “princess” type facing off against the main villain alone. She’s, of course, nowhere nearly as strong as she would be if the story wasn’t weighed down by delusions of fairytale lore, but having her grow, in any way, is definitely better than her being the damsel in distress the whole time.
By splicing together Cinderella, The Matrix and a bit of the space opera that is Star Wars, Jupiter Ascending starts off in an awkwardly clunky place. But with a focus on incredible action and surprisingly big plot ideas, it ultimately breaks free and shines with as much potential as the sci-fi movies it borrows from.
It just happens to do so with Mila Kunis and Channing Tatum.
If you can get past the casting to embrace the movie’s intentions, it’s place in sci-fi geekdom, then you’re in for one hell of an anti-gravity skating ride.
Tags: ChanningTatum, JupiterAscending, MilaKunis, Sci-fi
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"Tomorrow's Leaders...Today"
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Robyn Gray
Robyn Gray is a Vice President in the Energy and Environment Practice
at Sussex Strategy Group. She has a strong background in both
government and public affairs, and a passion for energy and
environmental issues.
Robyn works with clients on issues related to energy supply,
transmission, and related permitting and approvals. Robyn also
provides counsel and strategic advice to a number of clients in the
environment and waste diversion sector throughout the supply chain.
Prior to joining to Sussex, Robyn was a senior consultant at a leading
public affairs firm in Australia, providing strategic counsel to a
number of domestic and international clients.
Previously, Robyn worked at Queen’s Park for the Minister of
Government Services, Minister of Consumer Services, and Minister of
the Environment. She has also worked as Deputy Manager, Strategic
Research and Policy in Liberal Caucus Services Bureau. On the federal
level of government, Robyn worked for the Secretary of State for Rural
Development and FedNor, the Minister of Indian and Northern Affairs
Canada, and for the Minister of Agriculture and Agri-Food Canada.
Robyn has a Master’s Degree in Environmental Studies from York
University, where she specialized in climate change policy. She also
holds an Honours BA in Political Science and Peace & Conflict Studies
from the University of Toronto, as well as a Certificate from RMIT
University (Australia) for speechwriting.
Robyn is a CSA-certified GHG Inventory Quantifier, and recently earned
her certificate in GHG Inventory, Accounting and Reporting from the
University of Toronto. She is currently a Board Director of the Public
Affairs Association of Canada, as well as a founding member of Nature
Canada’s Women for Nature initiative.
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Home»Sound»Music News»A Journey Without Words: Rogue Valley Symphony Masterworks
Music News/Sound
A Journey Without Words: Rogue Valley Symphony Masterworks
Jordan Marie McCaw 2018-11-15
Jordan Marie McCaw / November 15, 2018 / 0
Photo by Christopher Briscoe
“I always say, hearing a symphony is like reading a novel,” says Conductor and Music Director of Rogue Valley Symphony Martin Majkut. Following that line of logic, the 50-year-old symphony has produced and performed tomes of music.
Born in Bratislava, Czechoslovakia, he says music was “sort of omnipresent.” He learned how to play piano at the age of six and was continuously encouraged and inspired by music. “I was always fascinated by people who came on stage and enchanted the audience.” In his ninth year with Rogue Valley Symphony, he also serves as Music Director of Queens Symphony Orchestra in New York, but his resume doesn’t stop there. His music career has also taken him to the University of Arizona, Austria, and Italy. Something he is most proud of is doubling RVS since his arrival.
“Everything is more,” he says. “We offer more concerts, we have more musicians on stage, we have really expanded our educational program. When I came to this valley, I found this orchestra to be a real gem, and I thought, ‘Wow, everyone in the Rogue Valley needs to know how accomplished this orchestra they have.’ ” Even for those less inclined to attend a RVS performance, Majkut has focused on the educational programs offered, making sure everyone in the area has an opportunity to participate and learn.
Last year the symphony celebrated its 50th year. Majkut put together and orchestrated massive pieces, brought together big musicians, and put on impressive shows. When this current year rolled around, he was ready to have fun. “Let’s just play now,” he expresses.
Having fun this year doesn’t mean hard work and thoughtful calculation hasn’t been put into this season. Majkut plans his programs several years out, giving himself, musicians, and soloists ample time to prepare.
“What it starts with is I have some ideas and some feel for what I want to the season to be. If I want my pick of source and we’re getting some really accomplished musicians, I have to start early on it,” he explains. “I like to commission pieces and bring new works. I have to start talking to these composers several years ahead to start writing things.”
Sometimes programs are built around a particular soloist. Majkut stresses, “Every program needs to have its own flavor. They all need to make sense, preferably with one piece with 100 musicians and the next one with 40.” He also emphasizes weaving in new original pieces along with reviving classics. For pieces written for a specific program, he says, “They reflect our time and who we are, what we think. They make us look in the mirror and see what’s important to us. It’s sort of a message in a bottle for future generations.”
Upcoming Masterworks shows in the 2018-2019 season will feature Alexander Sitkovetsy on violin, Jeffery Biegel on piano, Alexander Tutunov on piano, and more. Along with Masterworks concerts, the season will play “The Composer is Dead,” a story by Lemony Snitcket and a Candlelight concert in December featuring Christmas classics and featuring Kristin Kessler on oboe.
Majkut and his orchestra brings the best talent and music they can to each performance. “I think a region without an orchestra is truly a poorer region,” he says. “There’s such a depth of feeling. For those who are intellectually curious or who want to have a really powerful experience, there’s nothing quite like music. A good song to me is like reading a short article, but if you want to go for a journey without words, I think that’s where something like a symphony orchestra really fulfills this role. I think that’s specifically with those masterworks projects.”
He considers music on a spiritual plane. “It uplifts you, it makes you reflect on the world, who you are. Hopefully you will be filled with joy and satisfaction. You will feel a little richer person than you were before you went to the concert.”
Rogue Valley Symphony, Masterworks 3
7:30 pm, Friday, November 30
Craterian Theatre, 23 S. Central Avenue, Medford
7:30 pm, Saturday, December 1
Southern Oregon University Music Recital Hall, 450 S. Mountain Avenue, Ashland
3 pm, Sunday, December 2
Grants Pass Performing Arts Center, 303 NE Olive Street, Grants Pass
Jordan Marie McCaw
Since graduating from Eastern Nazarene College in the Boston area with a B.A. in Journalism and Writing, Jordan Martinez has been writing and copy editing for a few different publications, including the Rogue Valley Messenger. She loved living on the other side of the country for three brief years, but Southern Oregon is truly where she belongs. She also writes for BayArea.com, Showcase Magazine, and is the Copy Editor for Southern Oregon Magazine and Las Vegas Golf & Leisure Magazine. When she isn't writing articles, she's either working on her next book, reading, drawing, watching “There Will Be Blood,” or pulling shots at GoodBean in Jacksonville. You can check out her artwork at hitrecord.org, where she's been featured and loves using the site as a creative outlet: https://www.hitrecord.org/users/J.M.%20Black/records
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S.L.Á.T.U.R. is a composer collective centered in Reykjavík, Iceland. Since 2005 its members have been working on various types of experiments. These include animated notation using computer graphics, interactivity, various experiments with sounds and tunings, performance art and the development of limited and isolated musical universes. The members share ideas and methods freely while the final results are usually independent efforts.
Collaboration plays an important role in creating all sorts of events, the collective hosts several concerts a year. For instance an annual festival called Sláturtíð (since 2009), New Years Concert (since 2007), The Trial for the Tripe (since 2009), participation in the Raflost Festival (since 2008) and bi-annual activites such as Composition Week and Summer Solstice Concert.
The organisation has hosted a monthly informal concert series and a weekly social gathering for people interested in various issues in the field of the artistically obtrusive. At one point it also held bi-weekly score reading gatherings (known as the right-wing) and Nördic (or nerdic) evenings (known as the left wing).
In recent years recitals consisting specifically of S.L.Á.T.U.R. material have been held in Berlin, New York, Glasgow, Los Angeles, Princeton University, Gothenburg, Oslo, Århus, Ålborg, Malmö, Istanbul and Volgovgrad. It’s been featured prominently in the Tectonics music festival in Reykjavík (2012-2015) and Glasgow (2014). Many of the composers that have been active in the organisation have had performances around the world and the BBC Scottish Symphony did a concert in October 2014 that featured works by 6 Icelandic composers 5 of which had some affiliation with S.L.Á.T.U.R..
Slátur is loosely and informally affiliated with various other initiatives in Reykjavík and elsewhere, including the ensembles Fengjastrútur and Skmendanikka, the concert series Jaðarber and Hljóðön, and has received tremendous support from the Reykjavík Art Museum, the Icelandic National Radio (Rúv), the Iceland Symphony Orchestra via the Tectonics Festival, the Icelandic Ministry of Culture Science and Education and Útón.
In 2009 the organisation released the CD Hefti 1/Volume 1. Up until recently little material has been available on recordings that represents the organisation as a whole although soon this will be subject to change.
If you have any questions or inquiries you are free to send us a message at slatur [(((with in internet speak)))] slatur dot is
The overall objective of the organization is to very gradually develop an entirely new culture.
SLÁTUR í Aþenu
Sláturtíð 2018
S.L.Á.T.U.R. til Ástralíu
Tónleikaverkstova í Tórshavn
Bergen Geometrians
Copyright © 2019 S.L.Á.T.U.R. - All Rights Reserved
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Home Dr Who Return of the 10th Planet
Programme Name: Doctor Who S10 - TX: 06/03/2017 - Episode: The original Mondasian Cybermen return to Doctor Who as filming begins on the final block of the forthcoming series (No. n/a) - Picture Shows: The original Mondasian Cybermen return to Doctor Who as filming begins on the final block of the forthcoming series Mondasian Cybermen, The Doctor (PETER CAPALDI) - (C) BBC - Photographer: Simon Ridgway
Return of the 10th Planet
Joel Cornah
The BBC announced this week that the series 10 finale will feature not just Cybermen, but the original incarnations of the Cybermen. Other photos from the filming on location revealed other incarnations in the mix, too. My initial excitement was incredible to say the least. I have long been a fan of the original 10th Planet Cybermen and to see their return is something I’ve long hoped for. Their pale, fabric faces, their fleshy hands, and their haunting voices are all pure nightmare fuel.
However, my enjoyment and excitement soon gave way to trepidation and worry. I was reminded of a similar feeling from just a few years ago.
Do you remember Asylum of the Daleks?
Back in 2012, series 7 of Doctor Who opened with an episode bringing back the Daleks. All of them. The episode promised the return of all the old favourites, including my personal love and joy – the special weapons Dalek – which I love for its over the top ridiculousness. I even went to a special big screen showing in Manchester to watch, and sure enough, tucked away in a corer, was the special weapons dalek.
I walked away from the episode feeling slightly cheated. The episode was not what I had hoped – which is fine, that happens from time to time, they can’t all be winners. But the inclusion of old favourites felt like it had been a cheap trick. Perhaps it’s my own liking for the silly little daleks of the past, but seeing them unceremoniously scattered in a dingy set was a bit of a let down.
Bringing Back the Boys
Cyberman from The Tenth Planet
Doctor Who is no stranger to bringing back old stars, old monsters, and old characters. Multi-Doctor stories do this with aplomb, and then there are stories like Mawdryn Undead which brought back the Brigadier (though it was originally supposed to be Ian Chesterton). Indeed, the revival of the show itself in 2005 was a the biggest ‘bringing something back’ event. It even had the Autons.
So why am I feeling so worried about this? The show can clearly do this sort of thing well. I liked the Autons in Rose, and when other classics like the Daleks and Cybermen came along, it was all to the good. The new designs felt right to me – recognisable as who and what they were, but up-to-date. The Daleks looked like little tanks; they looked like they’d really hurt if you kicked them. The Cybermen were big, bulky, and a little cheesy, but I was willing to give them a go and grew to like them.
I do admire Doctor Who for having the audacity to insist that the 50 year history all happened as seen. That the production limitations of the past were capturing the truth of this universe.
Why do it at all?
It can’t have escaped the production team’s attention that viewing figures and enthusiasm for Doctor Who has been waning to say the least. The show has just taken a well needed break, and with a new Doctor on the way, this series needs something to really bring the viewers back.
Indeed, bringing back an old favourite is an age old trick used to bring back an audience. This isn’t about bringing new viewers in, but enticing those who once watched to come back into the fold. “Hey, remember this thing? Yeah, well, guess what? It’s back! Now you can come back too! It’s just like you remember it!”
Will this work? Time will tell, but pandering to old nerds has a somewhat mixed history of success. Sometimes cynicism gets the better of people and they see through a ploy, other times it’s just nice to see the things you wanted to see.
Back the right way
The crux of the matter will be in the story, of course. What let Asylum of the Daleks down for me, more than the clumsy juxtapositions, was the writing. I’ve been something of a critic of Steven Moffat for some time, but have given him more of a pass in more recent series. I’m cautiously optimistic at the moment, but the caution grows.
There is a certain skill to bringing something back from the past and having it fit in with the present, though. Seeing the Daleks of the 60s, 70s and 80s sat next to the Daleks of today made them look smaller, and a little sillier. On the one hand, it’s nice to see the old being acknowledged, but it needs to be done right. With the right script and the right director, we might get the return of the 10th Planet we always wanted!
12th doctor
doctor who series 10
hpdontmiss
hptopstories
mondas
https://www.facebook.com/JoelKCornah
Joel Cornah is an author, journalist, and blogger. He is the author of a number of novels and novellas including; The Sea-Stone Sword, The Spire of Frozen Fire and The Silent Helm, with the upcoming novel The Sky Slayer, expected some time in 2016. He is an editor for The Science-Fiction and Fantasy Network, head of the Doctor Who department, and member of the Tolkien Society. He is a frequent blogger for the Pack of Aces blog, focussing on issues of Asexuality in media, specialising in sci-fi and fantasy.
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Home / Interviews / Kurt Busch / Patricia Driscoll / Unique Hiram / WIN series / Women in NASCAR Presents: Patricia Driscoll
Women in NASCAR Presents: Patricia Driscoll
Unique Hiram
Photo Credit: Charlotte Bray/Skirts and Scuffs
Patricia Driscoll, girlfriend of 2004 NASCAR Nextel (now Sprint) Cup champion Kurt Busch, was gracious enough to take some time out to speak with me on behalf of Skirts and Scuffs at Kansas Speedway. She gave our readers a little insight on the path that has led her to become a beautiful mom to seven-year old son Houston, heavily involved in NASCAR, a huge national military advocate and to meeting the love of her life.
After meeting Patricia, I truly believe in the phrase “big things come in small packages.”
Her story begins here …
Texas Beginnings to NASCAR Involvement
Patricia Driscoll was born and raised in El Paso, TX. She loved participating in sports as well as dancing ballet professionally at an early age. It was interesting to find out that she was one of the first female high school football players (5A Division) in the State of Texas, competing as a kicker. “At my high school they kept saying that Bo Derek did everything so I was the Bo Derek there. They would say that Bo Derek had nothing on Pat.” She also participated on the volleyball team, was captain of the swim team and dance team as well as on the varsity track team as a freshman.
Although Patricia’s involvement with NASCAR is extremely heavy nowadays, she admits to not being a diehard fan of the sport initially. “I had an uncle who had a drag racing habit and I didn't care about any of that stuff. I would go over to his house and always saw NASCAR on his television. Those guys were always running around in circles and I didn't understand what was so interesting about those things.”
As time passed, she developed a great relationship with Aaron’s Corporation who were big sponsors for both the Armed Forces Foundation and NASCAR. Additionally, she sat on the National Rifle Association (NRA) Board with NASCAR team owner Richard Childress, who suggested that Patricia make a trip out to one of the circuit's tracks and experience the sport firsthand.
“Again, I didn't know anything about NASCAR and he was just that guy who owned a team. He told me that you ought to just come out and hang out, realize what a fascinating sport this really is and that there is a lot to it. You will see how each team is not built equally. So, it has been a really great adventure and my partnership with NASCAR has grown where they are an official military charity and they have us bringing wounded troops to the track every weekend. It has been a great cause and this is the most patriotic sport in America.”
Successful Businesswoman to National Military Advocate
Beginning her career as a government employee, Patricia shared that she always had a huge interest in the technology aspect of intelligence and homeland security, especially growing up near the Mexican border. “Obviously a big concern of ours was drug trafficking, stolen cars and people trafficking. It was something of big interest to me.” Her father was employed with U.S. Customs, Aviation and she found it to be intriguing because of the missions and fighting illegal drug activities.
Additionally, her maternal grandfather was a spy and Army Air Corps aviator who fought battles in conflicts from World War II through Vietnam. “He did all kinds of missions throughout the world and disappeared a lot. He was a really neat guy, always fascinating stories and I think that growing up as a kid it was something that very much interested me so I started my defense company which has provided a lot of solutions to the government on different aspects that I can't talk about.”
With her personal experience in serving alongside a number of service members abroad, Patricia understands the sacrifices that are made by those individuals especially in the time of war. “In serving right alongside with service members, I've always felt we need to take care of these people. They are the ones who are putting on the uniform and the ones who are making a commitment. They are our brothers-in-arms so I feel we have a responsibility to take care of them.” She also made mention of the many civilians, contractors and government employees who are serving beside their military counterparts and encounter many of the same dangers as well as sacrifices on a daily basis in the various countries.
Due to the Patricia’s success as a businesswoman and close working relationship with several Congress members in Washington, DC, she was specifically sought out to take over the responsibilities as President and Executive Director of the Armed Forces Foundation which is a 501(c)(3) non-profit charity organization. Under her leadership, the foundation’s revenues have increased from $100,000 to over $8,000,000 annually. Some of the programs that are housed within and supported by this organization include but are not limited to: PTSD/TBI (Post-Traumatic Stress Disorder/Traumatic Brain Injury) Outreach, Family Assistance Program and MWR (Morale, Welfare & Recreation) which is a partner with NASCAR Troops to the Track.
"A laptop and cell phone with extra battery power" allow her to remain involved with business operations despite extensive travel. As much as Patricia loves the responsibilities of serving as both a CEO and Executive Director, she shares that family life is extremely important to her.
Credit: Debbie Ross for Skirts and Scuffs
Love and Family Life
Through her numerous works with the foundation and Walter Reed National Military Medical Center, she managed to meet the love of her life and form a very strong family unit in the process. “I love my boys more than anything; they are obviously the number one priority to me. My personal time, I would consider it spending time with my family, Kurt and Houston, and those are things that really make me happy. As much time as I can get of that is really what I want.”
Patricia says she met the love of her life, Kurt Busch, at Walter Reed. “The funny thing is we met at Walter Reed and that obviously to me is always a good sign. You didn't meet him at a bar. Your mom always says that you should meet someone at church, right? That is about as close to church as you are going to get. It was funny because I remember walking up to the back of him because someone told me that I was going to be seated at the same table because we were going to be doing some tours as a group.”
Unfortunately, Patricia wasn't initially happy about this because her staff provided information that Busch had declined to participate in a meet-and-greet “Troops to the Track” event for the foundation; therefore, she was already putting together an on-site game plan to make him excited about the what the foundation was doing for the troops in partnership with NASCAR.
“It is funny how you walk up to someone, you know that your life is about to change forever and you just get that strange feeling. I just knew that my life was changing forever, it was just something and I couldn't put my finger on it. Yes, you can just say it was love at first sight and we had so many things in common. I loved his passion for people and realized that I had the wrong Busch (in regards to the meet-and-greet decline) because it was his brother. It was not him and he was actually doing something for our foundation that very week so I felt like a fool. It is not very often that I’m wrong so that was a fun experience to be wrong.”
When Patricia is able to have some down time, which is very rare right now, she loves salsa and merengue dancing; however, working out is a consistent routine for her - as you can tell by her well-toned arms and physique. She also enjoys photography, cooking and entertaining. Family time entertainment between she, Kurt and Houston involve wrestling, boxing and LEGOS. “When you've got boys, they want to be rough especially the little one because he loves to play war all the time. We will get out the NERF guns and run around or we will play laser tag. We are a pretty physical group and we don’t really sit down very much but I do enjoy the nights when we decide to watch a movie or something together.” Yes, reading and homework are hugely factored into the equation for "The Three Amigos" as well.
I had to ask how Patricia felt about Houston wanting to become a NASCAR driver. “Well, I was kind of hoping that when Kurt decides to retire maybe 10 years from now that would be the end of it," she laughed. But I see that Kurt has had a very big influence on his life, he is excited about the whole scene and he loves it here. He is just energized about being around all of this stuff…Kurt has been delaying putting out the go-karts, but he can’t delay anymore now that the new shop is built and the parking lot is calling for the go-karts to come out. So, I guess I’m ready.”
As we know there are always misconceptions about drivers and their lives and I gave Patricia the opportunity to share her thoughts on what she feels is the biggest misconception about Kurt. “Well, there is no doubt in my mind that Kurt has been upset with some media members and they have fired back and keep firing back. But then we also have some great friends in the media who know him as a person and are very fair. Yes, I do feel there are some things that he does which are wrong but so does everybody else here but he is an easy target to pick on. I feel like he is guy that has been cut open, left out in the water and the sharks just keep circling around and people just like to dog pile. I hate it because I see what such a wonderful person he is, his commitment to the troops as well as doing charity work and to us as a family is very significant.”
Patricia is a multi-faceted woman with a huge heart, fierce tenacity and great personality who has accomplished quite a bit. She plans to continue being a powerful advocate for the many wounded warriors in our nation. Patricia and Houston have definitely grabbed the heart of the “gentle giant” Kurt Busch and it is quite obvious that the future holds great things for all of them.
Official Twitter Accounts:
Patricia Driscoll
Official Kurt Busch Website, click here.
If you will be at Texas Motor Speedway this upcoming race weekend, be sure to support the charity event “Fox Supports presents Busch-Whacked Mud Run” on Thursday, November 1. You have the chance to win $500 or four HOT passes for next year. For more information or to register for the event, click here.
On a personal note, I would like to thank Patricia Driscoll for all that she does for the military community because she is a passionate advocate and phenomenal trailblazer. Having served in the military (active duty and reserves) for the past 20 years. as well as having many ties through loved ones (family and friends) who are currently serving here and abroad, it is amazing and an honor to have someone selflessly working hard to make things better for my brothers- and sisters-in-arms.
Unique Hiram is an Associate Editor/Contributing Writer/Media Rep for Skirts and Scuffs. Additionally, she is also the author of "Fast Lane Poetry," which was published April 2011. Unique can be contacted via email or through Twitter.
Women in NASCAR Presents: Patricia Driscoll Reviewed by Unique Hiram on Wednesday, October 31, 2012 Rating: 5
Tags Interviews X Kurt Busch X Patricia Driscoll X Unique Hiram X WIN series
WIN series
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You are at:Home»English»Community News»Leona Hiraoka Named President/CEO of Keiro
Leona Hiraoka Named President/CEO of Keiro
Five new board members are also appointed.
Posted On January 16, 2017 Community News, Health
The Keiro Board of Directors announced Wednesday the appointment of Leona Hiraoka as the organization’s new president and chief executive officer.
Leona Hiraoka
She succeeds Shawn Miyake, who stepped down last year after a tenure of more than 20 years. Gene Kanamori has been serving as interim president and CEO.
Additionally, Keiro named five community leaders and established professionals to its board: Kimiko Fujita, Claire Koga, M.D., Jack Kurihara, Lisa Sugimoto, Ed.D., and Dennis Sugino.
Having sold its nursing homes in Lincoln Heights and Gardena and its intermediate care facility and retirement home in Boyle Heights to Pacifica Companies LLC, Keiro says it is transitioning its service to the community to meet the needs of older adults.
“Keiro’s mission remains the same: to enhance the quality of senior life in our community,” the organization said in a statement. “The organization is expanding its reach from a focus on long-term health care facilities to broadly engaging and supporting thousands of Japanese American and Japanese older adults throughout Los Angeles, Orange, and Ventura counties. Keiro provides services to older adults and caregivers, along with programs for residents of Keiro’s former facilities.”
In July last year, Keiro launched a nationwide search for a new president and CEO and began efforts to transform the board, identifying individuals with experience and skills necessary to successfully implement its new programs.
“Moving forward requires a cultural shift and changes across the organization, and the Board understands our role in that transformation,” said Board Chairman Gary Kawaguchi. “As we conducted the search for a new president and CEO, the board simultaneously re-evaluated requirements for board composition to ensure effective overall leadership for Keiro. We continue to seek input from the community and experts in the field of aging, which helps us refine and prioritize how Keiro can best serve Japanese American and Japanese older adults in our community.”
Hiraoka, who is relocating from the East Coast, is a senior executive and enterprise-level strategist with extensive experience in media, communications, marketing, program innovation and organizational development. Her portfolio includes successes in strategic planning, brand management and nonprofit/business alliances.
She is the CEO and founding partner for Integrated Media, a marketing and communications firm, and is vice president, communications, for Points of Light in Washington, D.C., an international nonprofit dedicated to advancing volunteer service and corporate social responsibility. She has been integral to the organization’s work across global markets mobilizing volunteers to take action and make a difference in their communities.
Hiraoka previously served on the executive staff of the National Education Association and was former associate managing editor at The New Republic.
Originally from Southern California, Hiraoka remains active with several prominent organizations, including the U.S.-Japan Council, serving on the Board of Directors and chairing the Communications Committee. She is vice president of the Washington, D.C. chapter of Japanese American Citizens League (JACL) and served on the editorial board for JACL’s national publication, Pacific Citizen. She is also a member of the Asian American Journalists Association.
(The Rafu Shimpo will interview Hiraoka once she assumes her post.)
“We are so pleased to welcome Leona back to Los Angeles to lead Keiro in this next important phase for the organization,” said Kawaguchi. “She has an amazing wealth of knowledge and experience, combined with a deep personal commitment to supporting the needs of our community’s older adults. All of us at Keiro are excited to begin our work together.”
With Hiraoka’s appointment, Kanamori will become the organization’s vice president. He will continue to play a critical role in the planning and implementation of Keiro’s three program areas: Services to Older Adults, Support of Caregivers, and Programs for Residents of Keiro’s Former Facilities.
The Board of Directors is responsible for overseeing the organization’s activities, focusing on its mission, strategy and goals. With the addition of its five newest board members, all of whom have been actively involved with community groups and nonprofit organizations, Keiro benefits from a wide range of expertise.
• Kimiko Fujita is president of the Orange County Japanese American Association (OCJAA). She was the vice president of Senior Foundation Charitable Corporation and organized fundraising activities to support Keiro. An accomplished Yamaha music instructor and performer, Fujita is the owner of the Yamaha Music Centers in Irvine, Aliso Viejo and Torrance.
• Dr. Claire Koga has a background in geriatrics and practices family medicine at Kaiser Permanente. She received her medical degree from Keck School of Medicine of USC, is board certified in family medicine, and has been in practice for more than 20 years.
• Jack Kurihara has more than 35 years of experience with health systems and hospital corporations. He is currently director of strategic development at UCLA Health System, where he oversees strategic development and external physician outreach staff. Kurihara is involved with the Venice Japanese Community Center and previously served as its president.
• Lisa Sugimoto, Ed.D. previously served as vice president of student and learning services and interim president of Pasadena City College. At the request of the newly appointed president, she continued at the college as the vice president of advancement. She is currently a senior associate with PPL, an educational consulting firm, and is also an alumni fellow in the Educational Leadership Program at UCLA. Sugimoto has served as a board member for the Association of California Community College Administrators and served as its past president.
• Dennis Sugino recently retired with over 30 years of institutional investment experience. He volunteers with several organizations in addition to Keiro. He is an independent board member and chairs the Audit and Cybersecurity Committee of The Investment Fund for Foundations, which manages over $9 billion in assets for endowments and foundations.
“Keiro is very fortunate to have such dedicated individuals who volunteer their time and extensive talents serving on the Board of Directors,” said Kanamori. “Having a board composed of volunteers who share a passion for and a commitment to Keiro’s mission will help guide the organization forward in a very meaningful way.”
For more information on Keiro’s programs and services, visit www.keiro.org.
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The First Outcome of the Debate on the Future of Europe: Between Deepening and Revision (2000-2002)
Francisco Aldecoa Luzarraga . WP8-2002 - 4.11.2002
The debate on Europe’s future was sparked in the spring of 2000 in the middle of the Intergovernmental Conference when the German Foreign Minister Joschka Fischer in a much-talked-about speech expressed the need for an in-depth political reflection on the purpose and future of Europe’s construction process. It wasn’t long before the main political leaders of Member States and other European institutions responded, each of them putting forward their vision and possible solutions for the challenges that lay ahead. The debate had just begun.
In December, the Nice European Summit approved the Treaty that bears its name and included a Declaration, number 23, on the future of Europe. This declaration stressed the need for profound reform of the European Union subject to a wide-ranging and open debate to be promoted by European States and institutions. The Laeken Declaration, announced a year later in December 2001, is the first bold concerted step of this new debate. Its novel language examines the Union’s challenges and the reforms required to meet these challenges, expressed in sixty-five questions. The declaration entrusts the Intergovernmental Conference related tasks to a Convention similar to the one that drafted the European Union’s Bill of Fundamental Rights.
The European Convention, comprising representatives of all European legitimacies, is in a pivotal point where the first agreements have been reached and the differences between the federalists and the intergovernmentalists are coming to the surface. The Convention’s chances of success will depend on its ability to agree on a constitutional Treaty. The draft outline for this Treaty has been made public. As the work on the Convention progresses, it will be necessary to start filling in the blanks. The constitutional Treaty Draft Project, with a strong federalist bias, seems to be a good start. It demonstrates that the Convention method works, that it enables a democratic and open debate in touch with civil society and that it is capable of achieving results.
The transformation of the European Community into a Union as a subject for debate (1980-2000)
The European Union is currently immersed in one of the most intense phases of its short history, as it prepares to accept ten more member states in 2004 while simultaneously debating its future. This debate is largely new and of far-reaching consequences. The discussion on the future of Europe has been in the makings in the European Community since the eighties after the first direct 1979 European Parliamentary elections. This debate will put forth new transformation proposals, as envisaged in the Spinelli Treaty, and will bear fruit in the form of several reforms to the Treaties to up to Nice (1) . After reflecting on the European Convention, the debate will culminate in the ratification of a constitutional Treaty aimed at ensuring the working order and efficiency of a twenty-eight Member State Union.
Why is the current debate so relevant? What part is a rehash of the traditional debate and what part is new? Will it be productive or just another inconsequential debate? The debate on the European project has made enormous strides in the past two years, re-shifting its approach and taking a significant qualitative leap. Nevertheless, a large part of public opinion does not perceive it as such, particularly among us. The debate on the scope of the model, the method for reforming it and even its spectrum has changed, abandoning small revisions in favour of a global and core reform (2) . In this sense, one of the first consequences is the acceptance of a European Constitution, which, although referred to as a Constitutional Treaty, is perceived by some to have a different scope and meaning.
Another new factor in this debate is that it is no longer exclusively limited to politicians, intellectuals, and political agents, but is open to all European citizens thanks to a new method, the European Convention. The European project has its precedent in classical post-Renaissance philosophy, crystallising in a specific debate after the First World War among the elite and intellectuals who articulated theoretical proposals (3) . After the Second World War, the project for European unity evolved into a democratic debate embracing not just intellectuals, but also political parties and social classes. It has evolved into a political debate, incorporated in the electoral programs that gave rise to Treaties that served as the basis for the European Communities. The current debate may be the culmination of this evolution, another step taken to incorporate civil society and possibly being constitutionalised just when the unification of Europe is taking place.
The debate between the federalists and the intergovernmentalists is undoubtedly an ongoing issue. The federalists’ goal is a true European federation, while the intergovernmentalists defend the co-operation among sovereign states based on confederation formulas. The European construction, as we know it, is a syncretism of both extremes as demonstrated by the pillar-based structure of the European Union Treaty. From a theoretical perspective, formulas combining both extremes have been put forward such as Croisat’s and Quermonne’s “intergovernmental federalism” strategy or Jacques Delors (4) Federation of Nation-States. The constitutional Draft Treaty presented by the Praesidium in the Convention held last October 28th could also be considered an all-embracing syncretism between federalism and intergovernmentalism, although it will be necessary to opt for one formula or another with respect to certain aspects.
At the current stage of the Convention, the issues mainly involve the scope of the results, which part of the specialised doctrine, of which I am part, is beginning to see that it will bear fruit. The question now is whether the Constitutional Treaty will take the shape of a Treaty (more intergovernmentalist) or a Constitution (more federalist), whether it will develop the existing model or establish a new one, that is, stress the current model or a revision based on different assumptions. In any case, we can expect some emphasis on the current model, the scope of which is being debated. This implies great progress since what has been achieved to date has not being questioned.
From Confederacy to Federation: Fischer’s proposal
The start of the new debate on Europe’s future can be said to have begun in the Spring of 2000 following Germany’s Foreign Minister Joschka Fischer’s Speech “From Confederacy to Federation: Thoughts on the Finality of European Integration” at the University of Humboldt in Berlin (5) . The 2000 Intergovernmental Conference culminating in the Nice Treaty was fully underway. The agenda had been strictly limited to a few issues, only those necessary to proceed with the enlargement, generally perceived as exceedingly restrictive. Above all, the need for an overall reform was left very much up in the air since it was not desired to tackle this at the time because of the need for a quick Intergovernmental Conference ending in December 2000 to prevent any further delay in the enlargement periods.
The Convention responsible for drafting the European Union’s Charter of Fundamental Rights was actively engaged at the same time. Politicians and analysts already sensed that the draft of this charter would include the kernel for the constitutionalisation of the European construction, a perception that, in time, proved to have been accurate (6) . Therefore, when Fischer proposed a broad reflection on the finality and scope of the European Union, the Union was immersed in two parallel constitutional political processes.
In this context, on 12th May 2000, on the eve of the French-German Summit, Joschka Fischer, Germany’s Foreign Minister, speaking at the University of Humboldt in Berlin put forward a federalist vision for the future of Europe. Although Fischer insisted that this was a purely personal reflection, no one at that time overlooked the significance of an initiative presented by a member of the German government, its “green” foreign minister and the representative of the new political coalition. The speech received widespread media coverage. Fischer’s proposal reflects the basic tenets of Germany’s political tradition on Europe with its triple Christian Democrat, Social Democrat and Liberal roots, although with a renewed boldness.
Above all, Fischer’s speech expressed the need for reflecting on the definitive project for the construction of Europe before tackling the great enlargement, that is, before 2010. It champions an in-depth reform leading to a more transparent, democratic, and less bureaucratic system with strong federal institutions coalescing in a constitutional treaty. Fischer believes it is essential to create a strong federal Europe, made up of strong Nation-States, where the Union’s and the States’ competencies should be clearly defined. He believes that only then would a true Union of States and citizens be achieved.
In line with the traditional theses defended by Germany, Fischer proposes a renewed institutional architecture for the new federal Union. He endorses the creation of a two-chamber European Parliament representing the Nation-State Europe and its citizens in an equal fashion. The constitution of the Union’s government could be based on two options: either by developing the current European Council into a European government comprising members of the national governments or by empowering the European Commission headed by a directly elected president with broad executive powers.
He believes that Monnet’s method is no longer efficacious for proceeding with integration and mentions the three institutional challenges confronting Europe: addressing the lack of democracy and the establishment of a division of transparent competencies among the Union, the Nation-States and its regional entities, as well as among institutions. There is a need for a constituent Treaty that sets clear boundaries between what should be regulated at the European and at the national level, a lean European Federation, but capable of acting, in a fully sovereign manner, based on Nation-States, and only engaging in core competencies.
Lastly, Fischer asks what course should be taken to address the twin challenge of enlargement and deepening. States that do not wish or cannot proceed with the Federation could paralyse an enlarged and more heterogeneous Union. An intermediate step along the road to political integration would be a centre of gravity comprising a group of States that would complete a new European framework Treaty, the core of a Constituent Federation. Pursuant to this treaty, the Federation would develop its own institutions: a government within the European Union that would speak with one voice, on as many issues as possible, on behalf of all the core members and a strong Parliament with a directly elected President. This centre of gravity would be at the forefront of political integration and include, from its inception, all the elements of the future Federation. The last step would be the completion of integration into a European Federation.
The following month, President Chirac made a speech, significantly entitled “Our Europe (7) at the German Bundestag explaining his project for the twenty-first century Europe. The French President took up the gauntlet thrown by Fischer and presented a model for the future of Europe, stressing the role of the States and proposing a Federation of States versus Germany’s European Federation. He also suggested that an in-depth reflection period should ensue following the 2000 Intergovernmental Conference being held during those months, to consider the future of the Union and pave the way for a revision of the European project. Chirac believed that it was necessary to ponder issues such as the simplification of Treaties to make them more comprehensible for the people, the division of competencies, the Union’s borders, the incorporation of the Bill of Rights, etc. In his opinion, the debate should include governments, citizens, national Parliaments, European institutions, and candidate countries. The product of this debate would be a Constitution that the people would be called on to give their verdict.
A few days later, Schroeder and Amato elaborated on Fischer’s proposals, with Ciampi, Blair, Aznar and other European politicians and intellectuals (8) expressing their views a few months afterwards. In short, a different and bolder political debate was underway, a debate that implied a confrontation of European construction doctrines. The French presidency formally presented its partners with Chirac’s proposal calling for a wide and open debate on Europe’s future and finality as reflected in Declaration 23 annexed to the Treaty of Nice. The political discussions had given way to a true political debate and an agenda for constitutional reform.
The European politicians’ speeches in 2000 no longer remained disjointed but focused on a true political debate and the need to consider the future of the European construction after the methods of the founding fathers had been overtaken by events. It is a truly fruitful discussion not just because a new model emerged, but because it identified the true magnitude of this need and coalesced into a political agenda: Declaration 23 annexed to the Treaty of Nice.
The paradox of Declaration 23 on the future of Europe: political but not legal validity
The Treaty of Nice, even before its birth, even if stillborn, has set the constituent process in motion. The paradox of Declaration 23 stems from what many regretted at that time as the 2000 Intergovernmental Conference’s of the debate and overall reform proposed by Fischer. In the rush to conclude the Conference in December, it was decided to opt for a political programming of Declaration 23. Although this was a disappointment for many, it has proven to be more efficient. The lack of legal efficacy was precisely what made the declaration much bolder since, unlike the Treaty to which it was annexed, it was not subject to ratification and hence could be applied even if the Treaty of Nice was not enforced.
The Treaty of Nice consolidates the Union, enabling its enlargement and launching the constituent process with Declaration 23 on the future of the Union (9) . The European Parliament considers Declaration 23 as the implicit acknowledgement by the Heads of States and Governments that the diplomatic revision methods envisaged by the Treaties were obsolete for implementing the reforms required by the Union (10) .
Declaration 23 calls for the start of a wide and open debate on the future of Europe that would crystallise in a new Intergovernmental Conference on reform in 2004. In our opinion, it launches the process for a constitutional transformation since it expresses the need for a debate on questions involving the very foundations of the Union’s political system and reflects a political process embracing a continent-wide political union (11).
This reform calls for a debate in 2001 open to all political, economic, academic and social sectors, civil society in general and member candidates. The European Council in December of that year would have to adopt a decision for continuing the reform process. The issues that the declaration proposes as the subject of analysis are: the delimitation of powers between the Union and the Member States reflecting the principle of subsidiarity; the statute of the European Union’s Bill of Fundamental Rights proclaimed in Nice in December 2000; the simplification of the Treaties; and the role of national parliaments in the European institutional architecture. This list is not a numerus clausus at all since it leaves the door open for other questions that could be considered of interest.
The first of these questions concerns the distribution of competencies with regards to the principle of subsidiarity and explicitly suggests a federal Union model that, up to then, had been simply implicit. It addresses the German länder’s demands for a catalogue of competencies that would enable them to clarify the internal powers between the German State and themselves relative to the conception and application of community policies. The preparation of a catalogue reflecting the delimitation of powers paves the way for the region’s direct political involvement in the workings of the Union based on their own competencies.
The incorporation of the Bill of Rights in the Treaties was seen from its inception as the seed for the system’s constitutionalisation. Although the European Council in Nice had rejected its incorporation in the Treaties and the direct legal implications, few doubted that this would just be a matter of time. Such inclusion was of primary political significance since the current idea of democracy implies a delimitation of the rulers’ powers based on recognition of the rights of citizens. In short, it provides legitimacy to the entire European political system.
The inclusion of national Parliaments in the Union’s institutional architecture was proposed by France and reflects the qualms of some national Parliaments, such as the French General Assembly, of being gradually stripped of their competencies if sidelined from the institutional workings of the European Union. Lastly, the simplification of the Treaties will undoubtedly increase the people’s awareness and grasp of the way in which the Union functions, a primary concern, particularly imperative after the Irish voted “no” on the ratification of the Treaty of Nice in 2001.
The reflection on the future of Europe goes beyond these specific questions and should be focused from a double perspective. Firstly, the finality of the European construction, that is, what is to be accomplished in common and principles, objectives and ideals that should serve as a basis. Secondly, the political, relations, and institutional systems and the resources deemed necessary to carry out the task defined from the outset. This is what is meant by the open debate on Europe’s future, known as Declaration 23, and that is anything less than a reflection on the “constitution” in the material sense of this unidentified political reality.
This Declaration’s highly political agenda launches the constituent process, providing a unique and unprecedented method at this stage of European construction, a debate open to civil society with democracy, legitimacy, and transparency as its objectives. The open discussion on the distribution of power between the Union and the States, the system’s legitimisation by including fundamental rights in its nucleus is, in this sense, a novel element in the European construction process.
The first bold step in the new debate: the Laeken Declaration
The first tangible result of this new debate, the Laeken Declaration, is extremely relevant since firstly, it uses a new language, the expression of a new philosophy, and secondly, it makes a maximalist interpretation of Declaration 23 in a federalist tone, although, not explicitly mentioned, in the form of common questions. Although it is still too early to discern the momentousness of this Declaration in the European integration process, doctrine is beginning to value it quite positively since the results beginning to emerge from this debate are being translated into questions, which are common to all.
The Laeken Declaration, adopted by the European Council in its meeting on the 14th and 15th of December 2001, launches the second phase for preparing the reform envisaged in Declaration 23 annexed to the Treaty of Nice for 2004 and follows the first stage that involves the debate open to all society (12) . Programmed at that time by Declaration 23, the Laeken Declaration sets the second stage of the constituent process, a structured debate that will serve as the basis for preparing the 2004 Intergovernmental Conference.
The Laeken Declaration is divided into three very distinct parts: the first part defines the context, that is, it sets out the current reality of the European Union, the challenges it faces and how the reform must address these challenges. Secondly, it reflects on the tangible content that should serve as the basis for the reform, expressed in sixty-five questions emerging from the first phase of the common debate. Lastly, the Declaration sets out the procedure to be followed in the second phase of the reform, a Convention.
The point of departure is the confirmation that there has been a transformation in the nature of the original sectorial European Communities, now predominantly political, and hence, the community method, which served as a guideline in the early days, should be replaced by another one more in line with the new undertaking: “The European Union has thus gradually come into being. In the beginning, it was more of an economic and technical collaboration. Twenty years ago, with the first elections to the European Parliament, the Community’s legitimacy, which until then had lain with the Council alone, was considerably strengthened. Over the last ten years, construction of a political union has begun. (…) The European Union is a success story”.
The Union stands at a crossroads, facing three challenges, which are also opportunities. Firstly, the union is about to expand and welcome ten more member States in 2004 thereby bringing the peaceful unification of Europe. Secondly, the key factor for the success of the European project implies bringing the Union closer to its citizens by changing the workings of the institutions making them more transparent, efficient and subject to better democratic scrutiny. Citizens’ expectations concerning the Union’s involvement in those areas that they consider necessary must also be addressed. Third and lastly, the Union is confronted with the challenge of playing a leading role in the international globalised society. This offers the European Union a platform to develop its role as a civil player in international relationships, offering its values and social model as an alternative. Europe must have the means to shoulder its responsibilities in this new context and fight the risks brought to the limelight by the 11th September events.
The contents of the Declaration give us a glimpse of the progress made in the Union’s implicit federal vocation, although there are still certain intergovernmental limits stemming from the incomplete transformation of an economic European Community into a more political entity. The Declaration, however, makes no mention of federalism, apparently because of the veto of some of its members: Great Britain, Spain, and some Scandinavian countries. Nevertheless, the federal model is implicit in the declaration, promoted by the Belgian Government, which drafted this declaration during its half-year Presidency.
With respect to the constituent process agenda, the Declaration establishes wide-ranging contents to serve as the basis for a structured debate. Indeed, it expressly includes an analysis of the “conclusions of the public debate” specifically considering the points in Declaration 23 and an analysis of an in-depth institutional reform which would go as far as altering the traditional inter-institutional balance. A clearer definition of the institutions’ powers and functions is its main objective. This question and the catalogue on competencies verse on the explicit federal linkage implicit today in the European Union.
In referring to the necessary simplification of the Treaties and the Communities’ legal instruments, the Convention specifically mentions the possibility of reorganizing them, dividing them into set and flexible parts, and incorporating the Bill of Rights. It also refers to the possibility of this reorganisation representing the first step towards adopting a Constitution, the nature and basic contents of which would be subject to further analysis.
The European Parliament, the Commission, several politicians, academia and civil society organizations have applauded the idea of a Constitution for the European Union ever since Fischer raised this subject for the first time in the spring of 2000. It is rather striking that, although the word federalism or federation is still shunned in the European construction process and flatly rejected by many governments, the idea of a Constitution is gradually taking root even though it implies much more, since there is nothing more federal than a Constitution. A federation without a Constitution is possible, but we cannot imagine a Constitution in the European construction process without, at least, some form of federation (13) .
The European Council meeting in Laeken finally opted for the Convention method for preparing the Intergovernmental Conference. This method is a federal one in some respects since the different legitimacies in the European construction are given equal footing. The European Parliament and pro-European sectors generally insisted on applying the Convention method again because of the excellent results achieved in drafting the European Union’s Bill of Rights (14) . This Convention system is reminiscent of the methods rejected at the start of the process in the 1948 Hague Congress, the so-called constitutional method vs. the method proposed by the functionalists (15) . Its application at that time would have been premature but, nowadays, the change in the objective conditions makes its application possible.
The Convention method supersedes the diplomatic reform methods since, for the first time in European history, a democratic entity, which embodies the European Union’s double legitimacy —national and European— is entrusted with the preparation of an Intergovernmental Conference, probably inaugurating the federal method and superseding the community method, even sidelining the intergovernmental method in the reform process.
One of the Declaration of Laeken’s major contributions is the formalisation of an open civil society forum, which, through its informal involvement, contributed to the excellent results achieved in drafting the Bill. This will certainly result in a more open and democratic Europe. The overall assessment is that Laeken represents a significant milestone in the construction of Europe, reflecting novel constitutional issues in this respect and the willingness to deepening, making decisive progress towards the Constitution and the European Federation.
The reasons behind the qualitative change in the debate
The Treaty of Nice represents the end of the Union model as it emerged from the Maastricht European Council and the start of a new phase, the constituent process towards a constitutional Treaty based on the Laeken Declaration. This political context links the end of a phase with the beginning of a new one and establishes the necessary linkage between both phases. The deepening phase of the European model through minimal reforms is the start of another phase involving the constituent process, the reform of the political and legal foundations through a global and core debate, the relationships among the supporting powers and a phase that will have an impact on the core of European construction (16) .
Considering the aforementioned, how have such profound changes been possible in such a short period? A few months ago, I synthesised the structural aspects that warranted a constitutional debate, and the reason for adopting Declarations, such as 23 and Laeken. I would like to add one more (17) .
1. The exhaustion of the Community’s method of small steps and the insufficiency of the institutional system: The European Union model of small steps exhibits dysfunctions and limitations because it is a tired model that needs to be reformed. We refer both to the institutional system as a whole as well as the specific functioning of some institutions, which were originally designed for a sectorial Community of six Member States and which are no longer appropriate for a political twenty-seven Member State Union (18) . Thanks to the growing success of European integration, the community method envisaged by the Treaties has become obsolete. The Union comprises now a group of horizontal and vertical political relationships, with more in common, with a multi-level federal system than with a sectorial international organization, such as what the European Community used to be. The recognition of this new reality is the framework for the initiatives running parallel to the constitutional debate, such as the debate launched by the European Commission in its White Book on European Governance aimed at strengthening democracy in this new reality (19) .
2. The inadequacy of the diplomatic reform method. More precisely, the reform method based on an Intergovernmental Conference requiring the consensus of all member states, is no longer adequate for the new situation. According to the European Parliament, this system only allows agreements based on the minimum common denominator. We have seen five Treaty reforms in the last sixteen years, each with a narrower scope and difficult to ratify. At the same time, with reforms having been stepped up, the validity of these Treaties is increasingly shorter and become obsolete as soon as enforced.
The Treaty of Amsterdam, which was ratified in one of the most non-controversial processes in recent years, was enforced on 1st May 1999 and, one and a half months later, the Cologne European Council called for an Intergovernmental Conference for reforming the Treaty. If, as expected, the Treaty of Nice becomes effective on 1st January 2003, the Amsterdam Treaty would have been in effect for three and a half years. If, as expected, the current reform is approved in December 2003 and enforced in 2005, the Treaty of Nice would have been in effect for only two years.
3. The imminent enlargement: The enlargement process expedites the new transformation since the future Union will have twice the number of members and will be constantly immersed in an enlargement project. A challenge as significant as the 2004 enlargement cannot be carried out without a parallel deepening process, one as significant as the design of a new European political order. The 25-Member Europe of 2004 requires a qualitative overhaul of the institutional system and policies since, the number of candidates, as well as their heterogeneity and the differences among Member States, place the European construction in the dilemma of having to choose between greater deepening or dilution.
At this stage of the European integration, we find a different type of undertaking. The European Union’s prior goal was sectorial integration. The task at hand is the peaceful unification of Europe through shared sovereignty at the lower as well as higher political levels. The means or resources cannot be the same. The imminent enlargement calls for immediate political decisions for laying the foundations for the new system as soon as possible without any further delays, since this would be more difficult to carry out at a later stage when new and more heterogeneous members have been accepted.
4. Today’s international globalised society with its opportunities and risks: The international scenario that the European Union faces is radically different from the scenario of the last decade, with 11th September as a manifestation of the challenges and risks inherent in international globalised society. The Union must have a mode of government that enables it not only to enjoy a significant presence in the world, but also to shoulder its responsibilities in the international arena and strengthen its model as an alternative to the globalisation of international society.
The escalation of international terrorism on the wake of 11th September had a considerable impact in hastening the deepening process for the federal model as recognised by the Heads of States and Governments in the Laeken Declaration. The fifteen members concurrently expressed their willingness to enhance the Common Foreign Policy’s foundation, resources, and instruments, especially in their joint fight against terrorism. In a certain way, this manifestation of the new twenty-first century threats is a catalyst in the European Constitution ratification process.
5. The attainment of the Economic and Monetary Union and its impact towards federation. The euro represents the end to another stage in the European construction process and, as its predecessor, the Interior Market, creates the material conditions that enable and demand a political deepening of great importance. The Monetary Union calls for greater coordination of policies and political deepening and, hence, for the creation of a European Economic Government that would optimise its results.
The success of the euro currently in circulation and civil society’s resounding backing on its implementation, is, to a large extent, the result of its support not only for the economic but also for the political European construction process since the currency is the first expression of a federal model that is beginning to demand a federalist method. This is why it has been said that the euro has an inherent federalist effect. Because of the mechanisms involved in the successive phases in the European construction process, the attainment of an Economic and Monetary Union demands new objectives and calls for “more Europe”.
6. The problem of “political legitimacy” as perceived by the citizens: There is no lack of democracy in the current state of European construction. It suffers, rather, from a “shortfall of information”, the difficulty in raising citizens’ awareness with respect to the contents of the European venture and of providing a clear explanation on institutional workings. European institutions and governments today are fully aware that for European construction to survive, it must be brought closer to the citizens, encouraging them to identify with and to support the project.
It is imperative to overcome the traditional approach in which community matters were the exclusive domain of governments and experts. In the current state, besides activities of a general political nature, the Union is decisively moving towards a federal model. The method selected by Declaration 23 responds to the demand to reach out to citizens’ through a debate open to all European citizens, and to the specific objective of simplifying the Treaties to make them more comprehensible to citizens. In this sense, the basic demand of civil society associations is to achieve “more” Europe based on more political legitimacy, that is, a federal method, since it begins at the bottom and moves towards the top: civil society, cities, regions, States and European Parliament.
Nevertheless, besides these construction factors, inherent in European construction, today I would add some contingent aspects or factors that have come up in recent months, that also seem to be having an impact on the outcome of this debate:
1.- The rift with United States on the wake of 11th September because of the militarisation of its foreign policy, an approach not shared by most Europeans. Furthermore, the dissimilarities are also attributable to the differences in the values, interests, and world vision of both blocks increasingly more evident. The rift with the United States requires “more Europe” and offers an opportunity for developing an autonomous foreign policy.
2.- The renewal of the Franco-German alliance in the recent Summit in Brussels on 25th and 26th October, decisive for adopting financial decisions for the acceptance of 10 new member states in January 2004. President Chirac announced a bilateral agreement whereby this alliance agreed to play a leading role in the deepening process to help ensure the success of the constitutional Treaty.
3.- This sparked a confrontation between Chirac and Blair that has led to a cooling of bilateral relationships between France and the UK. This encounter may also have an unexpected impact on the ratification of the future constitutional Treaty: the adoption of a constitutional two-speed approach that would not change the course of the project or its postponement.
All these factors are behind the ratification of Declaration 23 and imply, not only adapting the European Union to the new circumstances, but also —similarly to the European Community in the mid-eighties— redefining the European integration system’s constitutional or base model while respecting the acquis of what has been achieved to date. The present challenge is to reach a consensus on a European political integration model that, while reflecting and preserving previous experiences and breakthroughs, lays the new foundations to enable the European Union —which is increasingly “more Europe”— to respond to the needs it must face.
The novelties of the convention’s method
In response to political and social pressures, the Declaration de Laeken entrusted the task of preparing the Intergovernmental Conference planned for 2004 to a Convention There have been two previous Conventions in the history of European construction: the most well-known, similar to the above, drafted the European Union’s Bill of Rights in 2000. Nevertheless, a body of national parliamentarians and members of the European Parliament meeting in Rome in 1991 to collaborate in the work of the Intergovernmental Conferences that were negotiating the Treaty of Maastricht, is somewhat reminiscent of this Convention since it is was the first time that nationally elected and European representatives participated in preparing a reform (21) .
The Declaration of Laeken governs the Convention’s composition, which includes 105 nominal members plus alternate members. It reflects the two legitimacies present in the European construction: national and common institutions. With respect to the common institutions, the European Convention includes seventeen European Parliament representatives and two Commission members. Each of the member and candidate States has sent two representatives from their national Parliaments and one representative from the Head of State or Government. The Convention is working on the logical post-enlargement phase with candidate States expected to participate in the deliberations with the same number of representatives as the member States, without, however, being able to prevent any consensus.
The European Council appointed the former French President, Giscard d’Estaing as Chairman, and two Vice-Chairmen, ex-Foreign Ministers Dehaene and Amato (22) . These appointments have been quite controversial, not just because of the persons who were chosen, but also because it is common practice for all Assemblies to designate its leaders from among its members —similarly to the Convention that drafted the Bill of Fundamental Rights— without accepting any interference from powers that have not been party to the Assemblies. Although those who espoused the most federalist stances were not initially pleased with Giscard’s appointment, the opposite holds true today and there are well-founded reasons to believe that he will do his best to ensure for the success of the Convention and seems committed, wishing to “go down in history” (23) , to the goal of drafting a constitution
In addition to the Chairman and Vice-Chairmen, the Convention contemplates a 9-member Praesidium —made up of representatives of the European Union holding the Council Presidencies, the national Parliaments, the European Parliament, and the Commission (24) — to supervise the work of the Convention. Moreover, the Declaration designates the role of observers to representatives of the Economic and Social Committee, the Regional Committee and the European Ombudsman. The participation of the Civil Society Forum in the work of the Convention through regular information on its work and the Forum’s contribution to debates is another constitutional construction innovation. This is a recognition of the important role played by civil society in political life and, together with citizens’ online contribution through the Internet, has proven to be a very productive formula for democratic involvement in the debate.
The Convention’s mandate in the Declaration of Laeken is to consider the issues and draw up “a final document that may comprise either of the different options, indicating the degree of support they received, or recommendations if consensus is achieved”. The Intergovernmental Conference, however, has the final voice and will adopt the final decision. The Convention’s mandate, therefore, would only involve acting as a reflection group in preparing the Intergovernmental Conference. As inferred from the previously mentioned text, the simplification of the Treaties does not necessarily have to lead to the drafting of a Constitution. The question is: “What might the basic features of such a Constitution be? What are the values cherished by the Union?” In any event, for greater clarity and to dispel any doubts, the epigraph is entitled “The Constitutional road for European Citizens”.
It seems crystal clear that a consensus on a single legal text is the Convention’s only chance of being considered in the subsequent Intergovernmental Conference. Given its legitimacy, it would seem that, just as in the case of the Bill of Rights, the Heads of State and Government will not have any other choice but to accept or reject it without the possibility of debating its contents.
The Convention’s methods offer three innovations: its composition vis-à-vis the traditional Intergovernmental Conference of Member State diplomats, its nature, and its work method. The Convention counts with broader and more pluralistic participation: it includes representatives from European institutions and current and future Member as well as representatives from civil society, regions, and local groups.
This composition undoubtedly reflects a change in the nature –the transformation– that European construction has undergone: it has evolved from an economic-type international organization to a multi-level political organization that has a direct impact in the citizens’ day-to-day lives, and therefore, its reform cannot be negotiated except by its direct representatives.
The reform’s work method has evolved, from the diplomatic negotiations requiring the unanimity of all the Member States, into a Convention that will adopt the constitutional Treaty proposal by consensus, without, in principle, requiring to be voted on. The difference between unanimity and consensus is very relevant, particularly when a new political framework for coexistence is at stake. The Convention has the unquestionable virtue of taking a new road for overcoming these classical confrontations and exploring the points in common to see if it is able to agree on a common global project.
The European Convention: A hybrid between an Intergovernmental Conference and a Constituent Parliament
After eight months of functioning, what would be the best description for the European Convention: an Intergovernmental Conference in disguise, or a camouflaged constituent Parliament? At present, it seems to be a hybrid between a Parliament, since it represents two legitimacies that reflect the shared European sovereignty, and an Intergovernmental Conference inasmuch as Government members, the players in an Intergovernmental Conference, are directly involved.
In his introductory speech to the European Convention on 28th February 2002, the Chairman, Mr. Giscard d’Estaing, defined the Convention as “a group of women and men meeting for the sole purpose of preparing a joint proposal”, stressing that it was neither an Intergovernmental Conference nor a Parliament . He believes that the goal is to foster a “Convention spirit” the mission of which he summarised as being “Outwards to listen. Inwards to make proposal”. A consensus, the “door towards a European Constitution” would only be possible insofar as it is able to foster such a spirit.
The adoption by the Convention of rules on its work methods has resulted in significant changes to the original Laeken Declaration design of said Convention, the fruit of the requests and contributions by the Convention representatives, particularly by members of the European Parliament (26) . An “invited member” can represent the candidate countries in the Praesidium and the question of alternates was clarified. This has, in fact, modified the Convention’s composition that effectively has 230 members (27) . Following the example of the Convention for the Bill of Rights, the European Convention has gone further than the Laeken restriction (“the members of the Convention may only be replaced by alternate members if they are not present”) enabling the participation of alternates, even their right to address the convention and be included in the working groups, practically with the same conditions as the members.
It is important to highlight that the convention representatives are generally leading politicians in their respective countries or in the European political scene, giving us an idea of the expectations that the Convention has awakened from the start. Among these, several acting Ministers such as the British Peter Hain, the French Pierre Moscovici, the Belgian Louis Michel or the Italian Fini who were appointed by their Head of Government.
The Convention includes several European politicians with long experience and a broad understanding of the workings of Europe, such as the Chairman, V. Giscard and the Vice-Chairmen, Dehaene and Amato, the representative from Luxembourg, Jacques Santer, former Chairman of the Commission, the ex-Chairman of the European Parliament, Klaus Hänsch, the Irish MacSharry, former commissioner involved in the agricultural reform which bears his name, Henning Christophersen from Denmark, who besides serving several times as Minister in his country, was also Vice-Chairman of the European Commissioner, or the commissioners Barnier and Vitorino.
The strong personalities of other European parliamentarians are also worth mentioning, such as Brok, the Chairman of the Commission for Foreign Affairs, Lamassoure, former French minister for European Affairs, the Spaniard, Méndez de Vigo, a speaker on the most recent European Parliament resolutions on constitutional matters, or Duff, the Chairman of the Group of Democrats and Reformists.
Because of the manner in which they were appointed, as well as the work methods (28), Chairman Giscard grouped the Convention representatives according to three different currents of opinion or three different perceptions. Firstly, the “Brussels” current, comprising representatives of the common institutions, Parliament and the Commission, based in Brussels, who have an in-depth knowledge of the system and are generally involved in questions concerning institutional reform.
Secondly, the group comprising national Parliament representatives, a very heterogeneous majority. Some lack European experience and, because of their diverse backgrounds, it has been difficult to integrate them into the Convention’s working methods. And, lastly, the Government representatives where there may be some ambiguity since it may be difficult to know if they speak their own views —which they should, as Convention representatives— or act as spokesmen for the Governments they represent. This group, by providing the important interconnection between the Convention and Member States, ensures that the proposals can be assumed and accepted by the Intergovernmental Conference, which must approve the text adopted by the Convention.
As the work of the Convention advances, Governments seem to be realising that the stakes are very high. This explains the trend for appointing strong Government personalities, such as Ana de Palacio, Spain’s Foreign Minister, and member of the Praesidium, or the incorporation of the German Foreign Minister, Joschka Fischer, as a representative of his Government (29) . It may be worth asking if this trend will intensify and if an anticipated Intergovernmental Conference will be sitting at the Convention (30) .
From another perspective, the formation of political groups in the Convention representing the major trans-European political parties —the Popular, Socialists, Democrats, and Reformists— is becoming evident, with these groups showing some organization and coherence and, in certain cases, making agreed political contributions (31) . The Convention will not be similar to a Parliament because these groups are not divided into majority or minority and the goal is to reach consensus, with no voting involved. Nevertheless, the role of political groups will be crucial in trying to reach and negotiate a consensus on the final text.
The tasks of the Convention have been divided into three well-differentiated phases. The first listening or hearings phase took place between March and June aimed at defining the issues to be addressed by the Convention through debates between the Convention members and civil society and the Youth Convention (32) . The first agreements have emerged from the results of these plenary sessions and an initial approximation was made on the issues that should be analysed with the working groups being set up for this purpose carrying out their work in the second phase (33) . It was also decided to create eight contact groups that would meet periodically with the Convention for structured consultations with the Civil Society Forum (34) .
We are currently in the analysis phase, which began last September, in which the Working Groups will be playing the leading role. These groups are chaired by a Praesidium member and comprise a maximum number of 30 representatives with no distinction made between full or alternate members. The groups meet periodically to study the various issues included in their mandate and, on certain occasions, listen to experts on the subject. The plenary continues to meet in full sessions, with the progress made by the different groups put forward and debated. This will all culminate with the draft phase.
The Convention is a hybrid between an Intergovernmental Conference and a constituent Parliament, and it is precisely in this hybrid nature where its chances of success ultimately lie. Insofar as the Intergovernmental Conference is within the Convention’s bosom, it will not be able to diverge from what has been agreed. The constituent representative Assembly method ensures its democratic legitimacy and the possibility of breaking deadlocks in the debates. It is logical to expect that thanks to its hybrid character, the results will reflect the model’s dual character, and include federalist as well as intergovernmental elements.
A Skeleton Treaty with a Federalist Slant: Initial Agreements and Unresolved Differences
The press was surprised by the news that the so-called "skeleton" Treaty for a European Constitution was presented before the plenary session on 28th October. The draft Treaty, based on Group agreements with regard to legal personality, assumes the same format as the Constitutional Treaty. That is, it contains an empty framework that will have to be filled in with the agreements that may be reached on the projects of various Groups and the final debate on the institutional framework. The main novelty is that a federal format gains ground. The Chairman believes that the first complete version, expected to be ready by the first quarter of 2003, may be negotiated and restructured until deciding on an agreed text by the following summer.
Thus far, five of the Groups have completed their projects on: the principle of subsidiarity, the simplification of the Treaties, the Charter of Fundamental Rights, economic governance, and national parliaments. Some of them have presented their conclusions before the plenary session, after the debate on which both initial agreements and lines of division at the convention were delineated. The first plenary session at which the results of the work of some of the Groups, namely those on legal personality and subsidiarity, were debated was held on the 3rd and the 4th of October. The Chairman stated that "the recommendations made by the Groups would serve as the basic elements on which the final product would subsequently be built (35) .
To start, the Group's recommendations with regard to the legal personality were presented and adopted by a consensus. This was followed by a general debate in which it became clear that there was wide agreement at the Convention that a legal personality should be specifically approved in the new Treaty -a single personality to replace those of currently existing organisations-. Merging personalities should be a step toward putting the treaties together in a single text, which could contain two parts, where the main section would contain the provisions of a constitutional nature. Lastly, the overwhelming majority of the convention participants spoke out in favour of joining the pillars that currently exist, which would not necessary preclude the continued use of special procedures for some matters.
Later on in the same session, a debate was held on the Final Report prepared by the Group on the principle of subsidiarity, presented by its Chairman, Mr. Méndez de Vigo, of Spain. In this case, the debate at the Convention was significantly more heated than in the previous case, and brought to light not only wide areas of agreement, but deep-seated differences in areas they suggested require further reflection. It was agreed that the principle of subsidiarity would be taken into greater account. There is a general agreement on introducing improvements on its application by European institutions and its control; improvements that should in no way hinder the legislative process. This is also a general agreement with respect to the need for the Commission to strengthen its legislative proposal by providing detailed information on the principle of subsidiarity, including the financial and legal implications for Member States.
With respect to the procedures for controlling the application of the principle of subsidiarity, it is widely agreed that it should be of a political nature, with an opportunity for jurisdictional control at the end of the procedures. Many of the convention participants approve the Group's proposal to involve the national parliaments in the prior political control using an early alert system, developed during the beginning stages of the Commission. However, there is significant disagreement with respect to the technical aspects of said system.
The conclusions of the Working Groups on the Charter, National Parliaments, and Economic Governance, which were presented to the Convention over the duration of the plenary session of the 28th and 29th of October, were made public the final week of October. The final report on the session has not yet been received.
The Draft of the “Treaty establishing a Constitution for Europe” is divided into three sections, to which, as has been seen, one more is added in response to the Group's recommendation. The first one, of a constitutional nature, would provide the definition and objectives of the European Union, the citizens of the European Union and their fundamental rights, a separation of competencies and the principles under which they are exercised, the institutional framework, the budget, the means of taking action abroad and the conditions for belonging to the European Union. The second section, of lesser importance and with greater flexibility, would contain the regulations for specific policies such as matters regarding institutional operations and procedures. Lastly, it would include a third section with technical regulations of a legal nature relating to the scope of application of the Treaty, the process for making revisions, ratification, etc.
Little can be gathered from such a bare framework, although it appears to serve as a federal Constitution since it states that common policies are managed according to a federal formula, and one could even believe that it contains the model for a Federation of nation-states. That is, a principle which receives support in some of the proposals put forth by Giscard himself, which would have to be debated by the Convention, such as the large amount of attention given to the issue of European Union citizenship, the proposal to rename the Union depending on the emergence of a new political reality, or the creation of a Parliament of the Peoples of Europe. In any event, what is clear is that is more of a Constitution than a Treaty.
The Draft Treaty has spurred two types of conflicting reactions. It seems to have been well-received by some of the groups of "Euro-sceptics" such as the British Tories and some Scandinavians, such as the Deputy Minister of Sweden, Lena Hjelm-Wallen, or the Danish member of Parliament, Bonde. On the other hand, the federalists believe that it contains a basis for hope, whereby good "filling" on which to build a federal organization for Europe could be introduced.
At this stage in the work of the Convention, we might ask ourselves to what extent have the terms of the debate on the future of Europe changed due to the dynamics at the Convention. It might be considered the typical tension between those who support a stronger federalist line and intergovernmentalists, pro-Europeans, and Euro-sceptics, which has not changed. This tension was exemplified during some of the debates at the Convention by the extreme, opposing positions of Peter Hain, former representative of the British government, and Peter Glotz, Germany's representative until recently (36) .
At present, the debates that invoke the strongest disagreements are those that arise between federalists and intergovernmentalists in reference to the institutional framework and reforming a common foreign policy. The extreme position of the federalists can be observed in the contributions to the Convention of the Parliament and the European Commission, which partly overlap, that basically demand, on one hand, that the European Commission be made stronger and that its Chairman, in particular, must attain greater democratic legitimacy by being elected by the European Parliament.
On the other hand, Blair and Chirac submitted a proposal to have the European Council appoint a President of the European Union from among former Heads of State and the Government, to set the course of the Union over a four-year term. This initiative received the support of four of the major nations: the United Kingdom, Italy, France, and Spain. However, it has resulted in mistrust on the part of all of the small and medium sized nations who fear they will be marginalized. These nations, as well as Germany, support the proposal to strengthen the position of Chairman of the Commission, who would also have direct democratic legitimacy. It is very difficult to reconcile these two proposals.
Nevertheless, there is no question, positions have become more flexible in the course of the Convention. The clearest example of this is the statement by the Foreign Affairs Minister, Jack Straw, on the desirability of providing the European Union with a Constitution, which was unthinkable just a few months ago. However, the tension that existed when the European construction commenced is still present, albeit the positions are not as extreme. The final agreement may represent a combination of federalism and intergovernmentalism, which at the same time reflects yet another characteristic of the Europe under construction -finding middle ground on which to continue-. A different perspective is that of Lamassoure who requests that the two Constitutional Treaties and the Charter be written in such a way that each State is able to choose whether to sign one or the other according to whether it is generally prepared to take steps toward a federation. This would basically involve establishing cooperation with support at a constitutional level (37) .
At this time, another tension, not unfamiliar in the formation of Europe, seems to have emerged at the Convention: the division between those who support a liberal Europe and others who advocate a social Europe. In this respect, a motion was presented on the need for a study examining the social objectives in the Constitutional Treaty, through debates in plenary sessions and the creation of a special Working Group . The plenary session held on the 3rd and 4th of October decided that, given the fact that the Groups on the Charter and Economic Governance already deal with this matter, the November 7th debate on Economic Governance would be extended to include a Socialist Europe and take action in light of this debate (39) .
Foreign Policy in the Debate on the Future of Europe
The question of Europe's role in the world has been an issue since the onset of the debate on the future and the purpose of Europe. On this issue, Chirac asserts that “...Europe, the power to which we appeal, this strong Europe in the international scene must have strong institutions and an effective and legitimate means for making decisions, that is, by taking all of its work up for a majority vote and reflecting the relative weight of each of its Member States (40) .
Although Declaration 23 does not include reforms in Common Foreign Policy objectives, means and instruments in its list of matters to consider, "the new role of Europe in a global environment" occupies an important place in the Laeken Declaration. It raises the issue of strengthening the presence of the European Union in the international realm of globalisation with the challenge to change the world: “Europe has been living in peace for over half a century. Together with North America and Japan, it is one of the three most prosperous regions in the world. (...) What is Europe's role in this changed world? Shouldn't Europe, finally unified, perform the function of leader in a new world order, one that is at the same time a power with the ability to serve as a stabilizer on a global level and to guide numerous countries and peoples?”
Europe's responsibility in the face of globalisation stems from the need for reforms in its Common Foreign Policy, in the areas where it has not been sufficiently revealed (41) . While bearing in mind the questions posed by Laeken, the European Parliament recently passed this May its contribution to the European Convention in the area of the distribution of competencies (42) . In addition to a request for assigning the second and third pillars to the community for reinforcing democratic legitimacy and ensuring parliamentary and jurisdictional control, this Resolution contains a request to assign competence over Foreign Policy and the common defence to the Union.
Similarly, the Euro-Congress requires the Union to have a legal personality and calls for the creation of diplomatic posts to represent the European Union in non-member countries in which at least four Member States have diplomatic missions, with a view toward the gradual creation of full diplomacy of the European Union (43) . It believes that the responsibilities of the High Representative for the CFSP (Common Foreign and Security Policy) and the Commissioner of Foreign Relations should be assumed by a sole Vice-Chairman of the Commission responsible for Foreign Relations. A diplomatic corps should be created for the European Union in the area of the European Commission that would fall under the responsibility of the Vice-Chairman of Foreign Relations.
The European Commission approved the first of its contributions to the work of the Convention on May 22nd, 2002. In it, they stated their opinion that “the Union must exercise its responsibilities as a world power; assert itself according to its own values as a participant in globalisation, with a model for development that is solidarity and sustainable; pave the way for a foreign policy that is open to dialogue among civilisations, cultures and religions based on cooperation with the countries which border it and the will to bring together the North and the South (44) .
The Commission, like the Parliament, has proposed that the positions of High Representative of the CFSP and Commissioner of Foreign Relations be merged into one. This position would receive policy initiatives, control over crisis management and sole responsibility for representation in foreign affairs. Foreign policy needs to be equipped with the necessary means -budget allocations, specially designed procedures, a network of foreign delegations-. The Commission advocates requiring a qualified majority in order to adopt Foreign Policy decisions, with the exception of those involving defence policies. In short, integrating the High Representative into the Commission is a way of requesting that foreign policy is considered a matter for the Community.
In spite of the federalist demands of the Parliament and the European Commission, the work that has been performed at the Convention until now offer no grounds for alleging that either one of the institutions' demands will be answered. In this area, it is only natural that the unwillingness of the Member States to give up competencies is much greater than in other cases, as symbolised paradigmatically in the participation of the British Government Representative, Peter Hain (45) . Given the importance of the matter, a Working Group has been created and entrusted with studying the reforms applicable to actions abroad. Said Group, which is presided over by Vice- Chairman Dehaene, has not yet finished its work.
Notwithstanding, conclusions reached by other groups that achieved consensus of the convention participants, such as the need to assign a single legal personality to the Union that replaces those already existing, creating a single legal text, and the elimination of the pillar-based structure, have an effect on actions abroad. They may have important implications for representing the Union abroad, the Union's ability to enter into international Treaties, or the coordination among different components of actions abroad, in the Community or that are intergovernmental. However, the disappearance of the pillars need not mean that all aspects of foreign policy are subject to identical decision-making procedures.
The second section of the draft of the Constitutional Treaty, which deals with the policies and actions of the Union, contains a Chapter B on "Actions Abroad" that includes all of the aspects that make up the Union's present-day foreign policy: trade policy, collaborative efforts for development, the foreign dimension of Community policies, foreign policy and the common security, crisis management and the closing of international agreements. Defence would be regulated under a separate chapter. Such a structure, in our opinion, is an over-riding factor in strengthening the Union's actions abroad, and above all, in its facet as a civil power of globalisation. In the foreign policy area there is some degree of agreement as to the area in which advancements must be made -providing solutions to its inadequacies-. However, how this is to be accomplished is not yet known.
Conclusions: A timetable and outlook on the results of the debate on the future of Europe
The final version of the Constitutional Treaty will have to be approved at Convention headquarters in June 2003, since it has been decided that a short Intergovernmental Conference will be held throughout the second quarter of 2003 and that a new Treaty of Rome will be passed in December of that year so that it can be ratified in 2004. It is foreseeable that said Treaty might go into effect sometime in 2005, which would limit the period that the Treaty of Nice would be in effect to a very short term lasting just under two years.
A question that arises at this time is whether it would be proper to hold a referendum for acceptance in all of the Member States, which would serve to reinforce its constitutional nature. A referendum has been requested by the federalists, however such an idea has been met with opposition from the main foreign ministries that consider it an international treaty.
In theory, if a referendum were held to ratify the Constitutional Treaty on a European Union level, it would be valid as a pact of a truly federal nature. However, this would present serious problems: first of all, such a consultation would have to be carried out in accordance with an election law of uniform application throughout the entire Union, a law which does not exist at this time. Secondly, one might ask whether or not all of the Member States are prepared for it, might it be premature and what is to be done if the referendum is not approved in any of the States.
The last few days have revealed new developments that may prove to be key in the near future. The Franco-German alliance, which has re-emerged for the occasion of the European Council in Brussels last week, appears to be determined to reach agreements in order to present a strong position that guides the in-depth examination. It is known that the British did not like this alliance, which even resulted in a bitter confrontation between Blair and Chirac that ended with the suspension of bilateral summit scheduled for the end of the year. The extent to which this conflict may have hindered the progress of the Convention projects or may have provided an opportunity to achieve two-speed advances in the constitutional model is not known.
The debate on the future of the Union is gaining importance and growing in scope because the Convention is a method that works and, as time goes, the Convention itself is turning into a true Constitutional Convention. Evidence of this is that most of the States are beginning to send their Foreign or European Affairs Ministers to the Convention; the last Minister to arrive was Fischer, the "Father" of the debate on federalism. This fact may lead one to ask whether the Convention is becoming more diplomatic. Speaking in such extreme terms would seem to be an exaggeration, but the direct involvement of Governments in the Convention does seem positive, which seems to suggest that the future holds a final product that will be a success since it would prevent unreconciled differences between the Convention and the Intergovernmental Conference. If the Convention leads to agreements on a significant number of the matters under consideration, we will be talking not so much about a deep examination of the model for the Union as a new version of the European venture.
Francisco Aldecoa
Professor of International Relations, Jean Monnet Chair. Currently Dean of the Political Science and Sociology Faculty, Universidad Complutense de Madrid
(1) I have analysed the transformation process from an European Community of an economic nature towards a political European Union, a still incomplete transformation in: Francisco ALDECOA LUZARRAGA, European Integration. Análisis histórico-institucional con textos y documentos. Vol. II. The European Union’s Genesis and Development (1979-2002), Madrid, Tecnos, 2002.
(2) In weekly collaborations throughout 2001 and 2002 with the magazine La Clave, I have dealt with many of the aspects of the debate on the future of Europe, particularly in issues number: 36, 39, 40, 46, 47, 61, 72, 74, 80 and 82.
(3) For some background on the European project, see: Antonio TRUYOL y SERRA, European Integration. Análisis histórico-institucional con textos y documentos. Vol. II. Génesis y desarrollo de la Comunidad Europea (1951-1979), Madrid, Tecnos, 1999.
(4) See Maurice CROISAT and Jean-Louis QUERMONNE, L’Europe et le fédéralisme, Paris, Montchrestien, 1999.
(5) Joschka FISCHER, “From Confederacy to Federation: Thoughts on the Finality of European Integration”, Humboldt University, Berlin, 12 May 2000, in: Francisco ALDECOA LUZARRAGA, European Integration... Vol. II. The European Union’s Genesis and Development (1979-2002), op. cit., pp. 774-778.
(6) European Parliament Resolution on drafting a Bill of Fundamental Rights for the European Union, 16 March 2000, (A5-0064/2000) in: http://www.europarl.eu.int; Juan Antonio CARRILLO SALCEDO, “Notes on the political and legal significance of the European Union’s Bill of Fundamental Rights” , Revista de Derecho Comunitario de la Unión Europea, nº 9, January/June 2001, pp. 7-26; Koen LENAERTS and Eddy DE SMIJTER, “A `Bill of Rights´ for the European Union”, Common Market Law Review, nº 38, 2001, pp. 273-300; Joseph H. H. WEILER, The Constitution of Europe, Cambridge, Cambridge University Press, 1999, p. 102.
(7) Jacques CHIRAC, “Our Europe”, Speech before the Bundestag, 27 June 2000, in: Francisco ALDECOA LUZARRAGA, European Integration... Vol. II. The European Union’s Genesis and Development (1979-2002), op. cit., pp. 782-784.
(8) Gerhard SCHROEDER and Giuliano AMATO, “We are serious about the future of Europe”, Zeitgeschehen, nº 220, 21 September 2000, p. 16; Carlo Azeglio CIAMPI, Honoris Causa Doctorate Acceptance Speech, Leipzig University, 6 July 2000; Tony BLAIR, Speech in the Polish Stock Market, 6 October 2000, in: http://www.number-10.gov.uk; José María AZNAR, Conference at the French Institute for International Relations, 26 September 2000 in: http://www.la-moncloa.es.
(9) Declaration on the Future of the European Union, Declaration 23 Annexed to the Treaty of Nice, 26 February 2001, in: DOCE C 80, of 10.01.2001, pp. 85-86.
(10) The European Parliament’s resolution on the Treaty of Nice and the future of the European Union, 31 May 2001 (A5-0168/2001) in: http://www.europarl.eu.int
(11) I am aware of the reservations some may have in applying the terms “constituent” or “constitutional” to the European reform, since up to now, in terms of doctrine, the Constitution and constitutionalism were usually analysed from the perspective of the State theory. Nevertheless, in the last decade the term “transnational constitutionalism” has started to be applied to the construction of a political and supranational policy in Europe in the last decade. See Renaud DEHOUSSE, “The birth of transnational constitutionalism”, International Forum no. 2, April-June 2002, pp. 281-292.
(12) Laeken Declaration, the Presidency’s conclusions, Laeken European Council, 14 and 15 December, 2001, in: http://ue.eu.int
(13)This is the case, at least from our point of view, given that the different Member States’ political and legal cultures attach different meanings to concepts such as constitution or federation.
(14) See the European Parliament’s Resolution on the Treaty of Nice, 31 May 2001, op. cit.
(15) In The Hague, the convinced federalist, Paul Reynaud’s proposal for the election, of a European Constituent Assembly through universal suffrage with one representative per million inhabitants caused quite a stir. The final support for this initiative was minimal since it was considered premature and unfeasible. See: Dusan SIDJANSKI, Europe’s Federalist Future, from the European Community to the European Union, Barcelona, Ariel, 1998, p. 24.
(16) See Francisco ALDECOA LUZARRAGA, "The Treaty of Niece", Cuadernos Europeos de Deusto, no. 25, 2001, pp. 11-54.
(17) See Francisco ALDECOA LUZARRAGA, European Integration... Vol. II. The European Union’s Genesis and Development (1979-2002), op. cit., pp. 431-437.
(18) With respect to the institutional system’s inadequacies and the need for an in-depth reform, see: J-V. LOUIS, "La réforme des institutions de l'Union européenne. Schéma pour une réflexion", Revue du Marché commun et de l'Union européenne, nº 443, December 2000, pp. 681-685; J-L. QUERMONNE, "Observations sur la réforme des institutions", Revue du Marché commun et de l'Union européenne, nº 443, December, pp. 686-689.
(19) The European Commission’s White Book of European Governance presented on 25 July 2001 (COM (2001) 0428 final).
(20) Declaration 23 annexed to the treaty of Nice programs the reform of the Treaties by means of an Intergovernmental Conference in 2004. Nevertheless, it has been decided to hold this Intergovernmental Conference in the second quarter of 2003 and that the new Treaty should be completed in Rome in December 2003.
(21) EUROPEUM, Method of the Convention on the Future of Europe, European Policy Forum, 2002, en: http://www.euractiv.com
(22) Giscard’ was appointed at the suggestion of the French President and approved by consensus, which leads to the question of whether there might not be some sort of tacit agreement between France and Germany, the two major countries, to preside all the Conventions, although Herzog, the Chairman of the Convention was appointed by this body.
(23) In this sense, it seems striking that Giscard, in an interview in Le Monde on 10 January 2002, compared himself explicitly to General Washington, who presided over the Philadelphia Convention that drafted the constitution of the United States of America. In fact, in opinion and scientific analysis articles, parallelisms with the Philadelphia constituent convention are quite common, situations that, in our opinion, are not comparable in any way.
(24) The Laeken Declaration calls for the constitution of a Convention Secretariat to assist the Praesidium in technical tasks and in legal drafts. Although the appointment of its secretary is not reflected in the Declaration, we believe it is of great political relevance and can have been agreed only at the highest level. Sir John Kerr, a former Permanent Representative from the United Kingdom and an eminent member of the Foreign Office was appointed for this post. His appointment could be interpreted as an important political advantage in the United Kingdom’s favour for exerting its influence on the final document.
(25) Introductory speech by Valéry Giscard d’Estaing, Chairman of the European Convention, 28 February 2002, SN 1565/02, in: http://www.european-convention.eu.int.
(26) Jaume DUCH i GUILLOT, “The Workings of the European Convention”, Seminar organized by the Spanish Association of Parliamentary Lawyers, Tenerife, 19 September 2002, pending publication.
(27) Some of the Convention members have pointed out the Euro-sceptics’ limited representation in the Convention, mainly because in most Member States, this current is not reflected by the party in government or by the majority opposition parties, the ones involved in the Convention.
(28) Valéry GISCARD D’ESTAING, “The latest news on the European Convention”, El País, 22 July 2002.
(29) Including these, there are close to a dozen current members of their Governments who have a seat in the Convention.
(30) Furthermore, some accuse Chairman Giscard of presiding over “two Conventions” at the same time, that is, of being permanently in touch with the Heads of States and Governments, exploring their concerns with respect to each aspect of the Convention’s debate and acting as an intermediary between both groups.
(31) In this sense, the following contributions by European Socialists to the Convention are worth mentioning: “The Socialists’ European Project: the new federalism” (CONV 63/02) and “The European Socialists’ Essential Proposals” (CONV 182/02). The European Socialist Party’s members in the convention held a seminar on 30 and 31 August 2002 that led to draft of their first political document “Europe’s Priorities” presented on 3 October and available at: http://www.europa.eu.int/futurum. The European Socialist Party, following a round of discussions, also presented their proposal for the Construction of Europe in October (CONV 325/02) Andrew Duff, the Chairman of the European Parliament for the Democrats and Reformists Group, also presented his group’s proposal for a Constitution: “A Constitutional Model for a Federal European Union” (CONV 234/02).
(32) Six plenary sessions where held during this phase on the convention representatives’ expectations on the Union (21-22 March); the E.U. missions (15-16 April; the E.U. carrying out its missions; efficiency and legitimacy (23-24 May); an area of freedom, Security and Justice and the role of national parliaments (6-7 June); civil society hearing (24-25 June) and foreign action and the Youth Convention’s hearing (11-12 July).
(33) Ten working groups have been set up: six on 17 May, the so-called first batch groups, on the principle of subsidiarity, the Bill of Fundamental Rights, the Union’s legal personality, the role of national parliaments, complementary competencies and economic governance. Subsequently, the establishment of four additional groups, the second batch, was approved on 12 and 13 September, entrusted with the study on foreign action, defence, simplification of legal procedures and instruments, and Security and Justice.
(34) The eight contact groups with civil society are divided according to their spheres of action: social sector, environment, academia and reflection circles, citizens and institutions, regions and local entities, human rights, development and culture.
(35) Abridged report on the 3 and 4 October 2002 plenary session (CONV 331/02).
(36) Peter Hain and Peter Glotz are not currently members of the Convention. After the British Government’s restructuring, the former was replaced by MacShane, defined by the press as a Europhile. Peter Glotz was replaced Joschka Fischer, Germany’s Minister for Foreign Affairs. An example of the opposition of both extremes can be seen in the minutes of the 11 July plenary session on action abroad, which can be checked on: http://www.europarl.eu.int/europe2004
(37) Alain LAMASSOURE, Une Constitution pour l’Europe, The European Policy Centre, 6 June 2002, in: http://www.theepc.be
(38) Motion presented by Ms. Anne Van Lancker, Mr. Johannes Voggenhuber and Ms. Sylvia-Yvonne Kaufman and other Convention members, 26 September 2002 (CONV 300/02).
(39) Abridged report on the 3 and 4 October 2002 plenary session, (CONV 331/02).
(40) Jacques CHIRAC, “Our Europe”, Speech before the Bundestag, 27 July 2000, op. cit.
(41)Toulemon believes that the required unanimity in decision-making and the lack of a body responsible for defining, promoting and representing the common European interests is at the root of the CFSP’s weaknesses. See: R. TOULEMON, “De l’Europe économique à l’Europe politique par la méthode communautaire”, Revue du Marché commun et de l’Union européenne, no. 457, April 2002, p. 217. For Friedrich Ebert Stiftung, the CFSP’s insufficiencies would be solved by qualified majority decisions, the establishment of a Council specialising in Foreign Policies, the improvement of the European machinery for preparing and executing decisions, political continuity and the merger of the High Representative for the CFSP and the Commissar for Foreign Relations functions. See: FRIEDRICH EBERT STIFTUNG, Making Foreign Policy More Effective, International Policy Analysis Unit, Working Group on European Integration, Working Paper no. 12, May 2002, in: http://www.fes.de/indexipa.html.
(42) European Parliament Resolution of 16 May 2002 on the delimitation of competencies between the European Union and the Member States (A5-0133/2002) based on the Lamassoure Report, in: http://europarl.eu.int
(43)See Francisco ALDECOA LUZARRAGA, “La coordinación de la formación en materia comunitaria de los cuerpos diplomáticos de los estados miembros”, ICEI, 2002, pending publication, which analyses the issue of a common European diplomacy.
(44) COMMISION DES COMMUNAUTÉS EUROPÉENNES, Communication de la Commission “Un projet pour l’Union Européenne”, 22.05.2002, COM (2002) 247 final.
(45) See the previously mentioned minutes of the 11 July 2002 Plenary Session on actions abroad.
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Spain and World War II
Title: Spain and World War II
Subject: Spain in World War II, Reference desk/Archives/Humanities/2015 September 6, Mediterranean theatre of World War II, Francoist Spain
The Spanish State under General Franco was officially non-belligerent during World War II. This status was not recognised by international law but in practice amounted to neutrality. In fact, Franco's regime did supply material and military support to the Axis Powers in recognition of the heavy assistance it had received in the Spanish Civil War. However, despite an ideological sympathy, Franco refused to bring Spain into the war as a belligerent and stationed field armies in the Pyrenees to dissuade a German occupation of the Iberian Peninsula. The Spanish policy frustrated German proposals that encouraged Franco to take British-controlled Gibraltar.[1] The apparent contradictions in Franco's foreign policy can be explained by his pragmatism.
Spanish Maquis 1
Domestic politics 2
Volunteers 3
Spanish volunteers in Axis service 3.1
Spanish volunteers in Allied service 3.2
Diplomacy 4
Operation Felix 5.1
Operation Isabella 5.2
Operation Ilona or Gisella 5.3
Operation Nurnberg 5.4
Reported bribe by Churchill 6
Resources and trade 7
Espionage and sabotage 8
Jews and other refugees 9
Notes 11
Further reading 13
Spanish Maquis
Following the Spanish Civil War, many supporters of the former Republican government decided to start a movement to overthrow Franco; these members were called the Spanish Maquis. Several guerrilla raids occurred during the timeline of World War II, with most of them happening in 1944. One major confrontation happened in the Val d'Aran valley where a large group of rebels attacked and briefly occupied the north-western border with France. The battle ended in ten days. Some people refer to this as The Spanish Revolution or The second part of the civil war. Evidence shows that this was Spain's main battlefront during World War II.
Domestic politics
During World War II Spain was governed by a military dictatorship, but despite Franco's own pro-Axis leanings and debt of gratitude to Benito Mussolini and Adolf Hitler, the government was divided between Germanophiles and Anglophiles. When the war started, Juan Beigbeder Atienza, an Anglophile, was the Minister of Foreign Affairs. The rapid German advance in Europe convinced Franco to replace him with Ramón Serrano Súñer, Franco's brother-in-law and a strong Germanophile (October 18, 1940). After the 1942 Allied victories in Eastern Europe and north Africa, Franco changed tack again, appointing Francisco Gómez-Jordana Sousa, sympathetic to the British, as minister. Another influential anglophile was the Duke of Alba, Spain's ambassador in London.
Memorial of the Blue Division at La Almudena Cemetery, Madrid.
The main part of Spain's involvement in the war was through volunteers. They fought for both sides, largely reflecting the allegiances of the civil war.
Spanish volunteers in Axis service
Although the Spanish State remained neutral throughout World War II, it was ideologically aligned with Nazi Germany and Fascist Italy. There was also a "debt" for the help that these regimes had given to the military uprising. When Germany invaded the Soviet Union on June 22, 1941, Franco, pressured by the Germans, offered Spanish manpower to help in civilian warwork and military volunteers to fight against the allies.
This was accepted by Hitler and, within two weeks, there were more than enough volunteers to form a division – the Blue Division or División Azul under Agustín Muñoz Grandes – including an air force squadron – the Blue Squadron. The Blue Division was trained in Germany and served, with distinction, in the Siege of Leningrad, and notably at the Battle of Krasny Bor, where General Infantes' 6,000 Spanish troops threw back some 30,000 Soviet troops. In October 1943, under severe Allied diplomatic pressure, the Blue Division was ordered home leaving a token force until March 1944. In all, about 45,000 Spanish served on the Eastern Front, mostly committed volunteers, and around 4,500 died. Joseph Stalin's desire for revenge against Franco was frustrated at the Potsdam Conference in July 1945, when his attempt to make an Allied invasion of Spain the conference's first order of business was rejected by Harry S. Truman and Winston Churchill. War weary and unwilling to continue the conflict, Truman and Churchill persuaded Stalin to instead settle for a full trade embargo against Spain.
Spanish volunteers in Allied service
Memorial of the children of Spanish immigrants to Plaine Saint Denis, France, who fought in the Civil War and in the French Resistance.
The Spanish anti-Fascist prisoners at Mauthausen deploy a banner to salute the Allies.
After their defeat in the Spanish Civil War, numbers of Republican veterans and civilians went into exile in France; the French Republic interned them in refugee camps, such as Camp Gurs in southern France. To improve their conditions, many joined the French Foreign Legion at the start of World War II, making up a sizeable proportion of it. Around sixty thousand joined the French Resistance, mostly as guerrillas, with some also continuing the fight against Francisco Franco.[2] Several thousand more joined the Free French Forces and fought against the Axis Powers. Some sources have claimed that as many as 2,000 served in General Leclerc's Second French Division, many of them from the former Durruti Column.[note 1] The 9th Armoured Company comprised almost entirely battle-hardened Spanish veterans; it became the first Allied military unit to enter Paris upon its liberation in August, 1944, where it met up with a large number of Spanish Maquis fighting alongside French resistance fighters. Furthermore, 1,000 Spanish Republicans served in the 13th Half-brigade of the French Foreign Legion.[3]
In Eastern Europe, the Soviet Union received former pro-Republican Spaniards, leftist leaders and child evacuees from Republican families. When Germany invaded the Soviet Union in 1941, many, such as General Enrique Líster, joined the Red Army. According to Beevor, 700 Spanish Republicans served in the Red Army and another 700 operated as partisans behind the German lines.[3]
Individual Spaniards, such as the double-agent Juan Pujol (alias Garbo), also worked for the Allied cause.
Initially, Spain favoured the then-victorious Axis Powers. Apart from ideology, Spain had a debt to Germany of $212 million for supplies of matériel during the Civil War. Indeed, in June 1940, after the Fall of France, the Spanish Ambassador to Berlin had presented a memorandum in which Franco declared he was "ready under certain conditions to enter the war on the side of Germany and Italy".
Franco with Karl Wolff and Heinrich Himmler in 1940
At first, the German leader, Adolf Hitler, did not encourage Franco's offer, as the German leadership was convinced of eventual victory. Later on, in September, when the Royal Air Force had demonstrated its resilience in defeating the Luftwaffe in the Battle of Britain, Hitler promised Franco help in return for its active intervention. This had become part of a strategy to forestall Allied intervention in north-west Africa. Hitler promised that "Germany would do everything in its power to help Spain" and would recognise Spanish claims to French territory in Morocco, in exchange for a share of Moroccan raw materials. Franco responded warmly, but without any firm commitment.
Falangist media agitated for irredentism, claiming for Spain the regions of Catalonia and the Basque Country which were under French administration.[4][5]
Hitler and Franco met at Hendaye, France on 23 October 1940 to fix the details of an alliance. By this time, the advantages had become less clear for either side. Franco asked for too much from Hitler. In exchange for entering the war alongside the alliance of Germany and Italy, Franco, among many things, demanded heavy fortification of the Canary Islands as well as large quantities of grain, fuel, armed vehicles, military aircraft and other armaments. In response to Franco's nearly impossible demands, Hitler threatened Franco with a possible annexation of Spanish territory by Vichy France. At the end of the day, no agreement was reached. A few days later in Germany, Hitler would famously tell Mussolini, "I prefer to have three or four of my own teeth pulled out than to speak to that man again!" It is subject to historical debate whether Franco overplayed his hand by demanding too much from Hitler for Spanish entry into the war, or if he deliberately stymied the German dictator by setting the price for his alliance unrealistically high, knowing that Hitler would refuse his demands and thus save Spain from entering another devastating war. (German resistance leader and Abwehr chief Wilhelm Canaris, had secretly briefed Franco about which demands would be found excessive.[6])
Spain relied upon oil supplies from the United States, and the US had agreed to listen to British recommendations on this. As a result, the Spanish were told that supplies would be restricted, albeit with a ten-week reserve. Lacking a strong navy, any Spanish intervention would rely, inevitably, upon German ability to supply oil. Some of Germany's own activity relied upon captured French oil reserves, so additional needs from Spain were unhelpful.
From the German point of view, Vichy's active reaction to British and Free French attacks (Destruction of the French Fleet at Mers-el-Kebir and Dakar) had been encouraging, so perhaps Spanish intervention was less vital. Also, in order to keep Vichy "on-side", the proposed territorial changes in Morocco became a potential embarrassment and were diluted. As a consequence of this, neither side would make sufficient compromises and after nine hours, the talks failed.
In December 1940, Hitler contacted Franco again via a letter sent by the German ambassador to Spain and returned to the issue of Gibraltar. Hitler attempted to force Franco's hand with a blunt request for the passage of several divisions of German troops through Spain to attack Gibraltar. Franco refused, citing the danger that the United Kingdom still presented to Spain and the Spanish colonies. In his return letter, Franco told Hitler that he wanted to wait until Britain "was on the point of collapse". In a second diplomatic letter, Hitler got tougher and offered grain and military supplies to Spain as an inducement. By this time, however, the Luftwaffe had been defeated in the Battle of Britain, Italian troops were being routed by the British in Cyrenaica and East Africa, the Royal Navy displayed its freedom of action in Italian waters and neutralised the Vichy French fleet at Mers-el-Kébir in French Algeria. The UK was clearly not finished. Franco responded "that the fact has left the circumstances of October far behind" and "the Protocol then agreed must now be considered outmoded".
According to Franco's own autobiography, he also met privately with Italian leader Benito Mussolini in Bordighera, Italy on 12 February 1941[7] at Hitler's request. Hitler hoped that Mussolini could persuade Franco to enter the war. However, Mussolini was not interested in Franco's help due to the recent string of defeats his forces had suffered in North Africa and the Balkans.
Despite being non-belligerent throughout the war, Franco's regime of open support to the Axis Powers led to a period of postwar isolation for Spain as trade with most countries ceased. U.S. President Franklin Roosevelt, who had assured Franco that Spain would not suffer consequences from the United Nations (a wartime term for those nations allied against Germany), died in April 1945. Roosevelt's successor, Harry S. Truman, as well as new Allied governments, were less friendly to Franco. A number of nations withdrew their ambassadors, and Spain was not admitted to the United Nations until 1955.
Although it sought to avoid entering the war, Spain did make plans for defence of the country. Initially, the mass of the Spanish army was stationed in southern Spain in case of an Allied attack from Gibraltar during 1940 and 1941. However, Franco ordered the divisions to gradually redeploy in the mountains along the French border in case of a possible German invasion of Spain as Axis interest in Gibraltar grew. By the time it became clear that the Allies were gaining the upper hand in the conflict, Franco had amassed all his troops on the French border and received personal assurances from the leaders of Allied countries that they did not wish to invade Spain.
Operation Felix
Before Hendaye, there had been Spanish-German planning for an attack, from Spain, upon the British territory of Gibraltar which was, and is, a British dependency and military base. At the time, Gibraltar was important for control of the western exit from the Mediterranean and the sea routes to the Suez Canal and Middle East, as well as Atlantic patrols.
The Germans also appreciated the strategic importance of north-west Africa for bases and as a route for any future American involvement. Therefore, the plans included the occupation of the region by substantial German forces, to forestall any future Allied invasion attempt.
The plan, Operation Felix, was in detailed form before the negotiations failed at Hendaye. By March 1941, military resources were being ear-marked for Barbarossa and the Soviet Union. Operation Felix-Heinrich was an amended form of Felix that would be invoked once certain objectives in Russia had been achieved. In the event, these conditions were not fulfilled and Franco still held back from entering the war.[8]
After the war, Field Marshal Wilhelm Keitel said: "Instead of attacking Russia, we should have strangled the British Empire by closing the Mediterranean. The first step in the operation would have been the conquest of Gibraltar. That was another great opportunity we missed."[9] If that had succeeded, Hermann Göring proposed that Germany would "... offer Britain the right to resume peaceful traffic through the Mediterranean if she came to terms with Germany and joined us in a war against Russia".[8]
As the war progressed and the tide turned against the Axis, the Germans planned for the event of an Allied attack through Spain. There were three successive plans, progressively less aggressive as German capability waned:
Operation Isabella
This was planned in April 1941 as a reaction to a proposed British landing on the Iberian peninsula near Gibraltar. German troops would advance into Spain to support Franco and expel the British wherever they landed.
Operation Ilona or Gisella
Ilona was a scaled down version of Isabella, subsequently renamed Gisella. Devised in May 1942, to be invoked whether or not Spain stayed neutral. Ten German divisions would advance to Barcelona and, if necessary, towards Salamanca to support the Spanish army in fighting another proposed Allied landing either from the Mediterranean or Atlantic coasts.
Operation Nurnberg
Devised in June 1943, Nurnberg was purely a defensive operation in the Pyrenees along both sides of the Spanish-French border in the event of Allied landings in the Iberian peninsula, which were to repel an Allied advance from Spain into France.
Reported bribe by Churchill
According to a 2008 book, Winston Churchill authorised millions of dollars in bribes to Spanish generals in an effort to influence General Franco against entering the war on the side of Germany.[10]
Resources and trade
Despite lacking cash, oil and other supplies, Francoist Spain was able to supply some essential materials to Germany. There were a series of secret war-time trade agreements between the two countries.
The principal resource was wolfram (or tungsten) ore from German-owned mines in Spain. Wolfram was essential to Germany for its advanced precision engineering and therefore for armament production. Despite Allied attempts to buy all available supplies, which rocketed in price, and diplomatic efforts to influence Spain, supplies to Germany continued until August 1944. Payment for wolfram was effectively set against the Spanish debt to Germany. Other minerals included iron ore, zinc, lead and mercury.
Spain also acted as a conduit for goods from South America, for example, industrial diamonds and platinum.
After the war, evidence was found of significant gold transactions between Germany and Spain, ceasing only in May 1945. It was believed that these were derived from Nazi looting of occupied lands, but attempts by the Allies to obtain control of the gold and return it were largely frustrated.
Espionage and sabotage
As long as Spain permitted it, the Abwehr – the German intelligence organisation – was able to operate in Spain and Spanish Morocco, often with cooperation of the Nationalist government.
Gibraltar's installations were a prime target for sabotage, using sympathetic anti-British Spanish workers. One such attack occurred in June 1943, when a bomb caused a fire and explosions in the dockyard. The British were generally more successful after this and managed to use turned agents and sympathetic anti-Fascist Spaniards to uncover subsequent attacks. A total of 43 sabotage attempts were prevented in this way. In January 1944, two Spanish workers, convicted of attempted sabotage, were executed.
The Abwehr also maintained observation posts along both sides of the Straits of Gibraltar, reporting on shipping movements.
A German agent in Cádiz was the target of a successful Allied disinformation operation, Operation Mincemeat, prior to the invasion of Sicily in 1943.
In early 1944, the situation changed. The Allies were clearly gaining the advantage over Germany and one double agent had provided enough information for Britain to make a detailed protest to the Spanish government. As a result, the Spanish government declared its "strict neutrality". The Abwehr operation in southern Spain was consequently closed down.
The international station of Canfranc.
The rail station of Canfranc was the conduit for the smuggling of people and information from Vichy France to the British consulate in San Sebastián. The nearer border station of Irún could not be used as it bordered occupied France.
Jews and other refugees
In the first years of the war, "Laws regulating their admittance were written and mostly ignored."[11] They were mainly from Western Europe, fleeing deportation to concentration camps from occupied France, but also Jews from Eastern Europe, especially in Hungary. Trudy Alexy refers to the "absurdity" and "paradox of refugees fleeing the Nazis' Final Solution to seek asylum in a country where no Jews had been allowed to live openly as Jews for over four centuries." [12]
Throughout World War II, Spanish diplomats of the Franco government extended their protection to Eastern European Jews, especially in Hungary. Jews claiming Spanish ancestry were provided with Spanish documentation without being required to prove their case and either left for Spain or survived the war with the help of their new legal status in occupied countries.
Once the tide of war began to turn, and Count Francisco Gómez-Jordana Sousa succeeded Franco's brother-in-law Serrano Súñer as Spain's foreign minister, Spanish diplomacy became "more sympathetic to Jews", although Franco himself "never said anything" about this.[11] Around that same time, a contingent of Spanish doctors travelling in Poland were fully informed of the Nazi extermination plans by Governor-General Hans Frank, who was under the misimpression that they would share his views about the matter; when they came home, they passed the story to Admiral Luís Carrero Blanco, who told Franco.[13]
Diplomats discussed the possibility of Spain as a route to a containment camp for Jewish refugees near Casablanca but it came to naught due to lack of Free French and British support.[14] Nonetheless, control of the Spanish border with France relaxed somewhat at this time,[15] and thousands of Jews managed to cross into Spain (many by smugglers' routes). Almost all of them survived the war.[16] The American Jewish Joint Distribution Committee operated openly in Barcelona.[17]
Shortly afterwards, Spain began giving citizenship to Sephardic Jews in Greece, Hungary, Bulgaria, and Romania; many Ashkenazic Jews also managed to be included, as did some non-Jews. The Spanish head of mission in Budapest, Ángel Sanz Briz, saved thousands of Ashkenazim in Hungary by granting them Spanish citizenship, placing them in safe houses and teaching them minimal Spanish so they could pretend to be Sephardim, at least to someone who did not know Spanish. The Spanish diplomatic corps was performing a balancing act: Alexy conjectures that the number of Jews they took in was limited by how much German hostility they were willing to engender.[18]
Toward the war's end, Sanz Briz had to flee Budapest, leaving these Jews open to arrest and deportation. An Italian diplomat,
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Francoist Spain
20th century in Spain
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1939–1945: The Spanish Resistance in France
Nueve Company (French Second Armoured Division)
Blue DivisionThe
Spanish Involvement in World War II
Operation Felix: Assault on Gibraltar
Excerpt from Christian Leitz, "Spain and Holocaust"
Libro Memorial. Españoles deportados a los campos nazis (1940-1945), Benito Bermejo and Sandra Checa, Ministerio de Cultura de España, 2006. Re-published in Portable Document Format.
Los vascos y la II Guerra Mundial, Mikel Rodríguez, Euskonews & Media 301.
Jimmy Burns, Papa Spy: Love, Faith & Betrayal in Wartime Spain. London, Bloomsbury, 2009. [2]
Bowen, Wayne H. (2000). Spaniards and Nazi Germany: Collaboration in the New Order. Columbia, MO: University of Missouri Press. p. 250.
Bowen, Wayne H. (2005). Spain During World War II. Columbia, MO: University of Missouri Press. p. 279.
^ The History Channel. "November 19, 1940: Hitler urges Spain to grab Gibraltar." http://www.history.com/this-day-in-history/hitler-urges-spain-to-grab-gibraltar
^ Crowdy, Terry (2007). French Resistance Fighter: France's Secret Army. Oxford: Osprey Publishing. ISBN 1-84603-076-5 p. 13
^ a b Beevor, Antony. (2006). The Battle for Spain. The Spanish Civil War, 1936–1939. Penguin Books. London. p. 419
^ Serrano Suñer, tragedia personal y fascismo político, Javier Tusell, El País, 2 September 2003: "Serrano ante él [Hitler] llegó a sugerir que el Rosellón debia ser español, por catalán, y que Portugal no tenía sentido como unidad política independiente."
^ El último de los de Franco, Santiago Pérez Díaz, El País 7 September 2003
^ Bassett, Richard (2005). Hitler's Spy Chief: The Wilhelm Canaris Mystery. Cassell. p. 200.
^ (Italian) Quotation of Mussolini, Album di una vita by Mario Cervi at the Bordighera site. Accessed online 18 October 2006.
^ a b Shulman, pp. 66–67
^ Shulman, p. 68
^ Keeley, Graham (16 October 2008). "Winston Churchill ‘bribed Franco’s generals to stay out of the war’". Aftermath News.
^ a b Alexy, p. 77.
^ Trudy Alexy, The Mezuzah in the Madonna's Foot, Simon and Schuster, 1993. ISBN 0-671-77816-1. p. 74.
^ Alexy, p. 164–165.
^ Alexy, p. 77–78.
^ Alexy, p. 165.
^ Alexy, p. 79, passim.
^ Alexy, p. 154–155, passim.
^ Alexy, p. 165 et. seq.
^ a b "Giorgio Perlasca". The International Raoul Wallenberg foundation. Retrieved 2006-07-21.
^ "Franco & the Jews". Hitler: Stopped by Franco. Retrieved 2006-07-21.
^ Nicholas Fraser, "Toujours Vichy: a reckoning with disgrace", Harper's, October 2006, p. 86–94. The relevant statement about Spain sheltering him is on page 91.
^ Haaretz, 22 June 2010, "WWII Document Reveals: General Franco Handed Nazis List of Spanish Jews," http://www.haaretz.com/print-edition/news/wwii-document-reveals-general-franco-handed-nazis-list-of-spanish-jews-1.297546 , citing a report published 20 June 2010 in the Spanish daily El Pais.
Payne, Stanley G (2008). Franco and Hitler. New Haven: Yale University Press.
^ The number of Spaniards that served in the Second French Armoured Division in World War II remains disputed. The official French Annuaire des anciens combattants de la 2e DB, Imprimerie de Arrault, 1949 claimed there were less than 300 Spaniards.
Moscow Gold
Laurel Incident
Neutral powers during World War II
José María Finat y Escrivá de Romaní, Franco's chief of security, issued an official order dated May 13, 1941 to all provincial governors requesting a list of all Jews, both local and foreign, present in their districts. After the list of six thousand names was compiled, Romani was appointed Spain's ambassador to Germany, enabling him to deliver it personally to Himmler. Following the defeat of Germany in 1945, the Spanish government attempted to destroy all evidence of cooperation with the Nazis, but this official order survived.[22]
Some historians argue that these facts demonstrate a humane attitude by Franco's regime, while others point out that the regime only permitted Jewish transit through Spain. After the war, Franco's regime was quite hospitable to those who had been responsible for the deportation of the Jews, notably Louis Darquier de Pellepoix, Commissioner for Jewish Affairs (May 1942 – February 1944) under the Vichy Régime in France.[21]
Although Spain effectively undertook more to help Jews escape deportation to the concentration camps than most neutral countries did,[19][20] there has been debate about Spain's wartime attitude towards refugees. Franco's regime, despite its aversion to Zionism and "Judeo"-Freemasonry, does not appear to have shared the rabid anti-Semitic ideology promoted by the Nazis. About 25,000 to 35,000 refugees, mainly Jews, were allowed to transit through Spain to Portugal and beyond.
United Kingdom, Spain, Morocco, British Overseas Territories, European Union
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Bob Hewison
Title: Bob Hewison
(1889-03-25)25 March 1889
Backworth, England
Left half, Left back, Inside left
East Holywell Villa
Whitley Athletic
Newcastle United 64 (0)
Leeds City 0 (0)
Newcastle United 3 (0)
Northampton Town[1] 99 (8)
Guildford City
19??–1961
Robert Hewison (25 March 1889 – 1964) was an English footballer who filled various roles on the left of the pitch before going on to make his name as a manager.
2 Management career
Playing career
Born in Backworth, Northumberland, Hewison began his playing career with North East England non-league sides East Holywell Villa and Whitley Athletic before joining Newcastle United in 1910. He joined Leeds City in 1914 but due to the First World War and their expulsion from the Football League he never appeared in an official league match for the club. After suffering a leg break during the 1918-19 season Hewison was asked to serve as City's secretary during their winding up.[2]
Management career
Hewison briefly returned to Newcastle before joining Northampton Town in 1920 as a player-manager. He remained in this position until 1925 when, having retired from playing, he switched to Queens Park Rangers as manager. Under Hewison QPR adopted their familiar blue and white kit although results on the pitch were nothing special for the Third Division South club and he was replaced by Archie Mitchell for the 1931-32 season.[3]
Hewison returned to management in 1932 with Bristol City. However at City Hewison was accused of making illegal payments to amateur players and on 15 October 1938 a joint Football Association and Football League inquiry suspended him until the end of the season, as well as fining the club 100 guineas.[2] When the ban ended in May 1939 (during which time club captain Clarrie Bourton served as caretaker player-manager[4]) Hewison returned to the hot-seat and remained in charge until March 1949. He subsequently managed non-league teams Guildford City and Bath City until his retirement in 1961.[5]
Bob Hewison — Navigation boxes
Northampton Town F.C. – managers
Jones (1897–1907)
Chapman (1907–12)
Bull (1912–13)
Lessons (1913–19)
Hewison (1920–25)
Tresadern (1925–30)
English (1931–35)
Puddefoot (1935–37)
Cresswell (1937–39)
Dennison (1949–54)
Bowen (1959–67)
Marchi (1967–68)
Flowers (1968–69)
Baxter (1972–73)
Dodgin (1973–76)
Crerand (1976–77)
Petts (1977–78)
Dodgin (1977)
Bowen (1978)
Keen (1978–79)
Walker (1979–80)
Barton (1984–85)
Carr (1985–90)
Foley (1990–92)
Chard (1992–93)
Barnwell (1993–94)
Atkins (1995–99)
Broadhurst (1999)
Wilson (1999–2001)
Broadhurst (2001–03)
Fenwick (2003)
Wilkinson (2003)
Hill (2003)
Calderwood (2003–06)
Gorman (2006)
Barron and Sampson (2006–07)
Gray (2007–09)
Sampson (2009–11)
Johnson (2011)
Lee (2011c)
Flowers (2011c)
Boothroyd (2011–)
Queens Park Rangers F.C. – managers
Cowan (1913–20)
Howie (1913–20)
Liddell (1920–25)
Mitchell (1931–33)
O'Brien (1933–35)
Birrell (1935–39)
Vizard (1939–44)
Mangnall (1944–52)
Taylor (1952–59)
Stock (1959–68)
Allen (1968–71)
Anderson (1974)
Sexton (1974–77)
Sibley (1977–78)
Burtenshaw (1978–79)
Venables (1980–84)
Mullery (1984)
T. Francis (1988–89)
Howe (1989–91)
G. Francis (1991–1994)
Wilkins (1994–96)
Houston (1996–97)
Hollins (1997)
R. Harford (1997–98)
Dowie (1998)
Waddock (2006)
Gregory (2006–07)
M. Harford (2007)
De Canio (2007–08)
Ainsworth (2008)
Sousa (2008–09)
Magilton (2009)
Hart (2009–10)
Warnock (2010–12)
Hughes (2012)
Redknapp (2012–)
Bristol City F.C. – managers
Hollis (1897–99)
Campbell (1899–1901)
Thickett (1905–10)
Bacon (1910–11)
Hedley (1913–15)
Hamilton (1915–19)
Palmer (1919–21)
Raisbeck (1921–29)
Bradshaw (1929–32)
Wright (1949–50)
Beasley (1950–58)
Doherty (1958–60)
Ford (1960–67)
Dicks (1967–80)
Houghton (1980–82)
Hodgson (1982)
Cooper (1982–88)
Jordan (1988–90)
Lumsden (1990–92)
Osman (1993–94)
Sweeney (1997)
Ward (1997–98)
Lennartsson (1998–99)
Pulis (1999–2000)
Fawthrop & Burnside (2000)
Rosenior (2000)
Wilson (2000–04)
Tinnion (2004–05)
Millen (2005)
Johnson (2005–10)
Coppell (2010)
Millen (2010–11)
McInnes (2011–13)
O'Driscoll (2013–)
Bath City F.C. – managers
Pinker (??–??)
Tout (??–??)
Davis (??–1939)
Raisbeck (1939)
Mortimer (1939–??)
Woodley (??–??)
Hapgood (1950–1956)
Sloan (1956–??)
Hewison (??–1961)
Cole (1961–1962)
Allison (1963–1964)
Powell (1964–??)
Unknown (??–??)
Head (1973–??)
Smith (??–??)
Godfrey (1976–1978)
Boyd (1978–1980)
Tavener (caretaker) (1980)
Taylor (1980–??)
Jones (??–1988)
Glover & Taverner (caretakers) (1988)
Jarman (1988)
Alderman (1988–1989)
Evans (1989)
Rooney (1989–1991)
Ricketts (1991–1996)
Millard (1996–1997)
Bodin (1997–2001)
Pridham (2001–2003)
Owers (2003–2005)
Relish (2005–2008)
Britton (2008–12)
Howells (2012–)
Name Hewison, Bob
Short description English footballer and manager
Date of birth 25 March 1889
Place of birth Backworth, England
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Chautauqua Auditorium (Shelbyville, Illinois)
Title: Chautauqua Auditorium (Shelbyville, Illinois)
Subject: Chautauqua Auditorium
Chautauqua Auditorium
View from the south
Forest Park and NE 9th St., Shelbyville, Illinois
39°25′5″N 88°47′24″W / 39.41806°N 88.79000°W / 39.41806; -88.79000Coordinates: 39°25′5″N 88°47′24″W / 39.41806°N 88.79000°W / 39.41806; -88.79000
H. B. Trout
The Chautauqua Auditorium, built in 1903, is a large historic icosagonal (20-sided) wooden chautauqua meeting hall located at Forest Park and North East 9th Street, Shelbyville, Illinois, United States. On January 30, 1978, it was added to the National Register of Historic Places.[1]
It is the largest building of its kind anywhere in the world. The building was constructed by a local bridge builder and designed with a unique system of structural support. Because of this, there are no interior pillars to block the view of the stage.
The large stage features three female Grecian statues representing Art, Music and Drama. These statues were works from renowned Illinois artist and Shelbyville native Robert Root.
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Shelbyville, Illinois
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Jstor, National Park Service, United States Department of the Interior, Historic preservation, Pdf
Chautauqua Auditorium (Boulder, Colorado), Chautauqua Auditorium (Shelbyville, Illinois)
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Common (rapper)
Title: Common (rapper)
Subject: Kanye West production discography, J Dilla discography, Malik Yusef, Like Water for Chocolate (album), Hell on Wheels (TV series)
Collection: 1972 Births, 21St-Century American Male Actors, African-American Male Actors, African-American Male Rappers, African-American Non-Fiction Writers, American Male Film Actors, American Male Voice Actors, American Memoirists, Best Original Song Academy Award Winning Songwriters, Def Jam Recordings Artists, Florida A&M University Alumni, Golden Globe Award Winning Musicians, Grammy Award Winners, Hip Hop Activists, Living People, Male Actors from Chicago, Illinois, Midwest Hip Hop Musicians, Native Tongues Posse, Rappers from Chicago, Illinois, Songwriters from Illinois, Warner Bros. Records Artists, Writers from Chicago, Illinois
Common at a signing for his book,
One Day It'll All Make Sense
in Tribeca, Manhattan in 2011.
Lonnie Rashid Lynn Jr.
(1972-03-13) March 13, 1972
Chicago, Illinois, U.S.
Rapper, actor, poet
Think Common, Artium, Def Jam, Universal (current)
Relativity, MCA, Geffen, GOOD, Warner Bros. (former)
Cocaine 80s, Erykah Badu, J Dilla, Pharrell, Soulquarians, Talib Kweli, Kanye West, John Legend, Fort Minor, Kid Cudi
.com.thinkcommonwww
Lonnie Rashid Lynn Jr. (born March 13, 1972), better known by his stage name Common (formerly Common Sense), is an American hip hop recording artist, actor, and poet from Chicago, Illinois. Common debuted in 1992 with the album Can I Borrow a Dollar? and maintained a significant underground following into the late 1990s, after which he gained notable mainstream success through his work with the Soulquarians.[1] In 2011, Common launched Think Common Entertainment, his own record label imprint, and, in the past, has released music under various other labels such as Relativity, Geffen and GOOD Music, among others.
Common's first major-label album, Like Water for Chocolate, received widespread critical acclaim and tremendous commercial success.[2] His first Grammy Award was in 2003, winning Best R&B Song for "Love of My Life", with Erykah Badu.[3] Its popularity was matched by May 2005's Be, which was nominated for Best Rap Album, at the 2006 Grammy Awards. Common was awarded his second Grammy for Best Rap Performance by a Duo or Group, for "Southside" (featuring Kanye West), from his July 2007 album Finding Forever. His best-of album, Thisisme Then: The Best of Common, was released on November 27, 2007.
Common won the 2015 Golden Globe Award for Best Original Song, and the 2015 Academy Award for Best Original Song, for his song "Glory" from the 2014 film Selma, in which he co-starred as 1960s Civil Rights Movement leader James Bevel. Common's acting career also includes starring significant roles in the films Smokin' Aces, Street Kings, American Gangster, Wanted, Terminator Salvation, Date Night, Just Wright, Happy Feet Two, New Year's Eve and Run All Night. He also narrated the award-winning documentary Bouncing Cats, about one man's efforts to improve the lives of children in Uganda through hip-hop/b-boy culture.[4] He starred as Elam Ferguson on the AMC western television series Hell on Wheels.
Early life 1
Music career 2
1992–1996: Career beginnings 2.1
1996–1999: One Day It'll All Make Sense 2.2
1999–2003: Soulquarians era 2.3
2004–2011: GOOD Music era 2.4
2011–present: Think Common Ent. 2.5
The Dreamer/The Believer and feud with Drake 2.5.1
Artium Recordings and Nobody's Smiling 2.5.2
Other work 3
Acting 3.1
Modeling and clothing 3.2
Writing 3.3
Activism 3.4
Personal life 4
Discography 5
Filmography 6
Film 6.1
Television 6.2
Video games 6.3
Awards and nominations 7
Common was born in the South Side of Chicago, Illinois. He was raised in the Calumet Heights neighborhood.[5][6][7][8] He is the son of educator Dr. Mahalia Ann Hines and former ABA basketball player turned youth counselor Lonnie Lynn. They divorced when he was six years old, resulting in his father's moving to Denver, Colorado. This left Common to be raised by his mother, but his father remained active in his life and landed Lonnie Jr. a job with the Chicago Bulls during his teens. While a student at Luther High School South in Chicago, Lynn with his friends, record producer and Corey Crawley formed C.D.R. a rap trio that opened for acts that included N.W.A and Big Daddy Kane.[9]
Common attended [Florida A&M University]] for two years under a scholarship and majored in business administration.[10] After being featured in the Unsigned Hype column of The Source magazine, Lynn debuted in 1992 with the single "Take It EZ", followed by the album Can I Borrow a Dollar?, under stage name Common Sense.
Music career
1992–1996: Career beginnings
With the 1994 release of Resurrection, Common achieved a much larger degree of critical acclaim, which extended beyond Chicago natives. The album sold relatively well and received a strong positive reaction among alternative and underground hip hop fans at the time. Resurrection was Common's last album produced almost entirely by his long-time production partner, No I.D., who was also the then-mentor of a young Kanye West.
In 1996, Common appeared on the Fela Kuti tribute album, Red Hot and Riot in 2002. He collaborated with Djelimady Tounkara on a remake of Kuti's track, "Years of Tears and Sorrow".
Common performing with Mos Def, 1999
The song "I Used to Love H.E.R." from Resurrection ignited a feud with West Coast rap group Westside Connection. The lyrics of the song criticized the path hip hop music was taking and was interpreted by some as directing blame towards the popularity of West Coast Gangsta rap. Westside Connection first responded with the 1995 song "Westside Slaughterhouse," with the lyrics "Used to love H.E.R. mad cause I fucked her". Westside Connection recorded tracks venting their issues with rival East Coast rappers (see East Coast-West Coast hip hop rivalry). "Westside Slaughterhouse" also mentioned Common by name, prompting the rapper to respond with the scathing Pete Rock-produced attack song "The Bitch in Yoo". Common and Westside Connection continued to insult each other back and forth before finally meeting with Louis Farrakhan and setting aside their dispute. Following the popularity of Resurrection, Common Sense was sued by an Orange County-based reggae band with the same name, and was forced to shorten his moniker to simply Common.[11]
1996–1999: One Day It'll All Make Sense
Initially scheduled for an October 1996 release, Common finally released his third album, One Day It'll All Make Sense, in September 1997. The album took a total of two years to complete and included collaborations with artists such as Lauryn Hill, De La Soul, Q-Tip, Canibus, Black Thought, Chantay Savage, and Questlove – a future fellow member of the Soulquarians outfit. The album, which made a point of eschewing any gangsterism (in response to questions about his musical integrity), was critically acclaimed and led to a major label contract with MCA Records. In addition to releasing One Day, Common's first child, daughter Omoye Assata Lynn, was born shortly after the release of the album.
As documented by hip hop journalist Raquel Cepeda, in the liner notes for the album, this event had a profound spiritual and mental effect on Common and enabled him to grow musically while becoming more responsible as an artist. She writes:
Rashid found out that he was going to become a daddy in about 8 months. Stunned and confused, Rashid had life altering decisions to make with his girlfriend, Kim Jones. The situation led to the composition of his favourite cut on One Day... that offers a male slant on abortion. "Retrospect for Life", produced by James Poyser and No I.D. featuring Lauryn Hill (who was due on the same day as Rashid's girlfriend), is the song that is the driving force behind the project. Rashid listens to "Retrospect for Life" today at the mastering session geeked, as if it were for the first time. He tells me as we listen to L-Boogie wail the chorus, "when I listen to the song now, I think about how precious her (Omoye's) life is".
Common addresses family ethics several times on One Day..., and the album sleeve is decorated with old family photos, illustrating the rapper's childhood, as well a quote from 1 Corinthians 13:11, which summarizes the path to manhood:
“ When I was a child, I talked like a child, I thought like a child, I reasoned like a child. When I became a man, I put childish ways behind me. ”
1999–2003: Soulquarians era
Common (2003) in New York City
Following One Day..., Common signed a major label record deal with MCA Records and relocated from Chicago to New York City in 1999. He began recording almost exclusively with a loose collective of musicians and artists (dubbed the "Soulquarians" by central figure Questlove) throughout 1999, and made a few sporadic guest appearances on The Roots' Things Fall Apart, and the Rawkus Records compilation, Soundbombing 2.
In 2000, his fourth album, Like Water for Chocolate, was released to mass critical acclaim. Executive produced by Questlove and featuring significant contributions by J Dilla, (who helmed many tracks except – "Cold Blooded", "Geto Heaven Part II", "A Song For Assata", "Pop's Rap Part 3...All My Children" & the DJ Premier-produced track "The 6th Sense"), Like Water for Chocolate transpired to be a considerable commercial breakthrough for Common, earning the rapper his first gold record, and greatly expanding his fanbase among critics and listeners alike.
With both artists hailing from the Great Lakes region of the United States (Chicago and Detroit, respectively), Common and J Dilla established their chemistry early on. Both became members of the Soulquarians collective, and collaborated on numerous projects together, even placing one song, "Thelonius", on both the Slum Village album Fantastic, Vol. 2, and Common's Like Water for Chocolate. As Dilla's health began to decline from the effects of Lupus Nephritis, he relocated to Los Angeles, and asked Common to make the move with him as a roommate (Dilla would later lose his battle with the rare disease).[12]
This album saw Common exploring themes (musically and lyrically), which were uncommon for a Hip hop record, as he does on the song "Time Travelin' (A Tribute To Fela)"; a homage to Nigerian music legend, and political activist Fela Kuti. The most popular single from the album "The Light" was nominated for a Grammy Award.
In 2002, Common released his fifth album, Electric Circus. The album was highly anticipated and praised by many critics for its ambitious vision. However, it was not as commercially successful as his previous album, Like Water for Chocolate, selling under 300,000 copies. An eclectic album, Electric Circus featured fusions of several genres such as hip hop, pop, rock, electronic, and neo soul. The album's style tended to divide critics; some praised its ambitious vision while others criticized it for the same reason. Most of the criticism tended to revolve around the album's experimental nature; some felt Common had strayed too far from his previous sound. This was Common's second and last album for MCA, and the label's final release prior to its absorption into Geffen Records.
2004–2011: GOOD Music era
From the album Be
Problems playing this file? See .
In early 2004, Common made an appearance on fellow Chicagoan Kanye West's multi-platinum debut album, The College Dropout (on the song "Get Em High"), and announced his signing to West's then-newfound label GOOD Music. West had been a longtime fan of Common and the two even participated in a friendly on-air MC battle, where West took jabs at his lyrical idol for "going soft" and wearing crochet pants (as he does for his appearance in the video for the Mary J. Blige song "Dance for Me"). The pair worked together on Common's next album, Be, almost entirely produced by Kanye West, with some help from Common's longtime collaborator the late James Yancey (J Dilla) – also a favorite of West. The album was released in May 2005, and performed very well, boosted by Kanye's involvement and the singles "The Corner", and "Go". Be earned Common the second gold record of his career, with sales topping out at around 800,000 copies. The Source magazine gave it a near perfect 4.5 mic rating, XXL magazine gave it their highest rating of "XXL", and AllHipHop gave the album 4 stars. The album was also nominated for four Grammy Awards in 2006.
Following the release of Be in 2005, several mixed-race artists from the UK hip-hop scene took exception to Common's comments about interracial relationships on the song "Real People." Yungun, Doc Brown and Rising Son recorded a track over an instrumental version of "The Corner" named "Dear Common (The Corner Dub)." Common states that he has heard of the track but never actually taken the time to listen to it, and has not retaliated in song.[13]
Performing at Store Vega, Copenhagen, Denmark in December 2007.
Common's seventh LP titled Finding Forever was released on July 31, 2007. For this album, he continued his work with Kanye West, as well as other producers such as will.i.am, Devo Springsteen, Derrick Hodge, and Karriem Riggins, as well as the only J Dilla-produced track, "So Far To Go". The album features guest spots from artists such as Dwele, Bilal, D'Angelo, and UK pop starlet Lily Allen. The first single from the album was "The People" b/w "The Game". West predicted that Finding Forever would win the 2008 Grammy Award for Best Rap Album.[14] The album was nominated for Best Rap Album, but did not win, losing to West's Graduation; however, Common did win his second Grammy for "Southside," which won the 2008 Grammy for Best Rap Performance by Duo or Group. On July 31, 2007, Common performed a free concert in Santa Monica, California on the 3rd Street Promenade to promote the release of Finding Forever. Common explained to the audience that the title "Finding Forever" represented his quest to find an eternal place in hip-hop and also his wishes to be an artist for the rest of his life. The album debuted at #1 on the national Billboard 200 charts.
In an August 2007 interview with XXL, rapper Q-Tip of the group A Tribe Called Quest stated that he and Common were forming a group called The Standard. While the two were meant to hit the studio to record a Q-Tip-produced album, possibly with contributions from Kanye West, Common put out Universal Mind Control instead and has already planned a next album, The Dreamer, The Believer, for late 2011.[15]
Common at 2009 Obama Home States Inaugural Ball on January 20, 2009
Common was instrumental in bridging the trans-Atlantic gap by signing UK's Mr Wong and J2K to Kanye West's Getting Out Our Dreams recording outfit. Common met the pair during his tour in the UK earlier on in the year. It is speculated that the deal is not only to bring the UK and US hip hop genres together but that to rival Syco Music's cross-Atlantic success with Leona Lewis. He also has a deal with Zune mp3 players. In 2008 Common made an estimated 12 million dollars, making him equal in earnings to Eminem and Akon, tied for the 13th highest grossing Hip-Hop artist.
The eighth album from Chicago hip-hop artist Common was originally scheduled to be released on June 24, 2008 under the name Invincible Summer, but he announced at a Temple University concert that he would change it to Universal Mind Control.[16] The release date was pushed back to September 30, 2008 due to Common filming Wanted. The release date was set for November 11, 2008, however it was once again pushed back to December 9, 2008.
The album's eponymous lead single "Universal Mind Control", was officially released on July 1, 2008, via the US iTunes Store as part of The Announcement EP (sold as Universal Mind Control EP in the UK). The song features Pharrell, who also produced the track. The Announcement EP included an additional track titled "Announcement", also featuring Pharrell. The video for the lead single was filmed in September by director Hype Williams. In 2009, Common was prominently featured throughout his GOOD Music label-mate Kid Cudi's debut album Man on the Moon: The End of Day, as a narrator and featured artist. In late 2009, it was revealed Common was nominated for two Grammys at the 52nd Annual Grammy Awards, including Best Rap Performance by a Duo or Group for "Make Her Say", alongside Kid Cudi and Kanye West, as well as Best Rap Album for Universal Mind Control.
2011–present: Think Common Ent.
The Dreamer/The Believer and feud with Drake
American producer No I.D., stated that he and Kanye West will be producing Common's next album The Dreamer/The Believer, due sometime in 2011.[17] In July 2011, it was announced that No I.D. will be the album's sole producer.[18] Common made an appearance on The Jonas Brothers' most recent album, Lines, Vines and Trying Times as a guest rapper for the group's new song, "Don't Charge Me for the Crime."[19]
On July 6, 2011, Common released his first single, titled "Ghetto Dreams", from his next album. A second single,"Blue Sky", was released on October 4, 2011. On December 20, 2011, Common released his ninth solo album titled The Dreamer, The Believer. Although he left GOOD Music in 2011, Common was featured on the label's first compilation album, 2012's Cruel Summer. Common released a song entitled "Sweet", from The Dreamer/The Believer, which included lyrics critical of rappers who sing, although this criticism was not aimed specifically at Canadian recording artist Drake.[20] Drake took offense and responded by releasing "Stay Schemin'", a song with Rick Ross and French Montana.[21] Common fans only had to wait two-and-a-half days for him to respond to Drake's diss track. On February 13, 2012, Common commented on the feud by saying "It's over. But it was all in the art of hip hop. He said some things to me so I had to say some things back...I wouldn't say [he started it] but I know I heard something that I felt was directed to me so I addressed it. That's all. But you know, thank God we were able to move forward from it and all is good."[22]
Artium Recordings and Nobody's Smiling
After a quiet 2012, Common announced he would release an extended play (EP) in January 2013, and his first mixtape in April.[23] In February 2013, Common announced his tenth solo studio album would be released in September 2013 and will feature Kanye West and production from Kanye West and No I.D..[23] Later on September 8, 2013, he gave an update to his projects saying the previously announced EP would be released soon, and would feature a song with new Def Jam signee Vince Staples. He also told HipHopDX, his tenth solo studio album would be released in early 2014.[24]
On January 6, 2014, Common announced his tenth studio album to be titled Nobody Smiling and would be produced entirely by longtime collaborator No I.D.. The album, which Common revealed was originally going to be an EP, is set to feature Vince Staples, James Fauntleroy and "some new artists from Chicago." The concept of the album was inspired by his troubled hometown of Chicago: "We came up with this concept 'nobody's smiling.' It was really a thought that came about because of all the violence in Chicago," he says. "It happens in Chicago, but it's happening around the world in many ways." He continues, "We was talking about the conditions of what's happening, when I say 'nobody's smiling.' But it's really a call to action."[25][26][27] On June 4, 2014, it was announced Common signed a recording contract with Def Jam Recordings and No I.D.'s Artium Records.[28] It was also announced Nobody's Smiling would be released July 22, 2014.[28]
In 2003, Common appeared on the American UPN sitcom Girlfriends. In the episode "Take This Poem and Call Me in the Morning", he appeared as Omar, a slam poet who competes with fellow poet Sivad (played by Saul Williams) for the affection of Lynn Searcy (played by Persia White). He also had a cameo appearance on an episode of UPN's One on One, where he played a drama class instructor named Darius. He also made an appearance on the ABC show Scrubs. In 2007, Common appeared with Ryan Reynolds, Jeremy Piven, and Alicia Keys in the crime film Smokin' Aces, making his big screen debut as villainous Mob enforcer Sir Ivy. He appeared alongside Denzel Washington, Russell Crowe, The RZA and T.I. in the 2007 crime thriller American Gangster. On January 20, 2007, one week before the opening of Smokin Aces, he appeared in a Saturday Night Live sketch as himself. The show's host was Piven, his Aces co-star.
In 2007, Common played the role of Smokin' Aces co-star Alicia Keys's boyfriend in the music video "Like You'll Never See Me Again".
In 2008, he starred in the film adaptation of the comic book Angelina Jolie. Common also appeared in the movie Street Kings with Keanu Reeves, Hugh Laurie, The Game, and Forest Whitaker. Common also starred in the 2010 movie Just Wright as a basketball player who falls in love with his trainer Queen Latifah.[29] He appeared in the 2009 film Terminator Salvation as John Connor's lieutenant Barnes.[30] He starred as a corrupt cop in the 2010 comedy Date Night with Steve Carell and Tina Fey. He was part of the ensemble cast of AMC's Hell on Wheels, as one of the lead characters, Elam Ferguson, a recently freed slave trying to find his place in the world.[31] In the 2014 film Selma, for which he also co-wrote the Oscar-winning song "Glory", Common co-starred as 1960s civil rights leader James Bevel. In 2015, he played a hit man in Run All Night (film).
In April 2015, it was announced that Common would appear in the 2016 film Suicide Squad, directed by David Ayer and part of the DC Extended Universe, although his role was not specified.[32]
Modeling and clothing
In 2006, Common was a model for photos of The Gap's fall season collection, appearing on posters in stores. Later that year, he performed in The Gap's "Holiday in Your Hood" themed Peace Love Gap. In February 2007, Common signed a deal with New Era to promote their new line of Layers fitted caps. Common also stars in a television commercial for the 2008 Lincoln Navigator. He appears in NBA 2K8 in NBA Blacktop mode. In the fall of 2008, Common appeared in an ad for Microsoft's Zune, comparing his new song, "Universal Mind Control", to "Planet Rock", a song from hip hop pioneer Afrika Bambaataa. Also, he featured in the Diesel campaign for a new fragrance called "Only The Brave". His song "Be (intro)" is featured in a commercial for BlackBerry as of January 2011.
In December 2008, Common launched a new clothing line in partnership with Microsoft titled "Softwear", based on 1980s computing.
Common was invited by First Lady Michelle Obama to appear at a poetry reading on May 11, 2011 at the White House.[33] This caused furor with the New Jersey State Police and their union,[34] who disagreed with his lyrical content. The president of the New Jersey State Troopers Fraternal Association voiced concern to the White House. They cite the song "A Song For Assata" about a member of the Black Liberation Army and step-aunt of deceased rapper Tupac Shakur named Assata Shakur, previously known as Joanne Chesimard,[35] who was convicted in 1977 of the first degree murder of New Jersey state trooper Werner Foerster.
Common and his mother, Dr Mahalia Ann Hines, at a September 13, 2011, signing for his memoir at the Barnes & Noble in Tribeca, Manhattan
At another poetry reading, Common said, "flyers say 'free Mumia' on my freezer", a reference to Mumia Abu-Jamal, who was controversially convicted of killing Philadelphia Police Officer Daniel Faulkner in 1981. Common stated, "The one thing that shouldn't be questioned is my support for the police officers and troops that protect us every day."
Jay Carney, the White House Press Secretary at the time, spoke for President Obama on the matter by saying the president does not support, but actually opposes, some of the kind of words and lyrics that have been written by Common and others.[36] Even though the president does not support the lyrics in question, he believed that some reports were distorting what Mr. Lynn stands for more broadly. Common gave a single line response to the entire controversy: "I guess Sarah Palin and Fox News doesn't like me."[36]
Ted Nugent, who in clips played on The Daily Show, used violent rhetoric in comments he made about President Obama and Hillary Clinton.[37] Common later discussed the matter with Stewart during a September 14, 2011 appearance on the program.[38]
In September 2011, Common published his memoir, One Day It'll All Make Sense, through Atria Books. As the book details how his close relationship with his mother influenced his life, it is partially narrated by her.[39]
Common used to be vegan, but is now a pescetarian. In addition, he is a supporter of animal rights and PETA. He appeared in a print advertisement for PETA titled "Think Before You Eat".[40]
Common is also part of the "Knowing Is Beautiful" movement, which supports HIV/AIDS awareness.[40] He is featured in the video for "Yes We Can", a song in support of the candidacy of Barack Obama, which made its debut on the internet on February 2, 2008. Common has pledged to stop using anti-gay lyrics in his music.[41][42]
Common is the founder of the Common Ground Foundation,[43][44] a non-profit that seeks to empower underprivileged youth to be strong citizens and citizens of the world. The foundation includes programs dedicated to leadership development & empowerment, educational development, creative expression, as well as a book club. In 2014 Common Ground inaugurated the Aahh! Fest music festival in Chicago's Union Park.[45]
Rapper Common along with other rapper activists appear in the documentary short film #Bars4Justice which was shot in Ferguson MO and produced by Nation19 Magazine. [46]
Common has had romantic relationships with singer Erykah Badu, actresses Kerry Washington and Taraji P. Henson, and tennis player Serena Williams, but as of July 2014 maintained that he was single.[47]
Common is a Chicago Bulls and Chicago Bears fan.[48][49]
Can I Borrow a Dollar? (1992)
Resurrection (1994)
One Day It'll All Make Sense (1997)
Like Water for Chocolate (2000)
Electric Circus (2002)
Be (2005)
Finding Forever (2007)
Universal Mind Control (2008)
The Dreamer/The Believer (2011)
Nobody's Smiling (2014)
2002 Brown Sugar Himself Cameo
2006 Dave Chapelle's Block Party Himself Cameo
2007 Smokin' Aces Sir Ivy
2007 American Gangster Turner Lucas
2008 Street Kings Coates
2008 Wanted The Gunsmith
2009 Terminator Salvation Barnes
2009 Dow Jones Dow Jones Short film
2010 Date Night Detective Collins
2010 Just Wright Scott McKnight
2010 Bouncing Cats Himself Narrator
2011 Happy Feet Two Seymour
2011 New Year's Eve Chino Cameo
2012 LUV Uncle Vincent Direct-to-VOD
2012 Ali 70 from Las Vegas Television film
2012 The Odd Life of Timothy Green Coach Cal
2013 Movie 43 Bob Mone Segment "The Pitch"
2013 Now You See Me Agent Evans
2013 Pawn Officer Jeff Porter Direct-to-DVD
2014 X/Y Jason Direct-to-VOD
2014 Every Single Thing Devlin Hatch
2014 Selma James Bevel
2015 Run All Night Mr. Price
2015 Unity[50] Narrator Documentary
2016 Suicide Squad
2016 Chiraq
2016 Being Charlie Travis
2016 Barbershop 3 Jabari
2016 Coco Coltrane
TBA John Wick 2
2003 Girlfriends Omar Episode: "Take This Poem and Call Me in the Morning"
2004 Game Over Cammon
2004 One on One Darius Episode: "Cabin Fever"
2011 Single Ladies Mayor Howard Episode: "Pilot"
2011–2014 Hell on Wheels Elam Ferguson Main cast
2013 Mindy Project, TheThe Mindy Project Security guard Episode: "Harry & Mindy"
2014 Framework Host
2015 Lip Sync Battle Contestant April 2, 2015
2009 Wanted: Weapons of Fate Brummel Voice
2009 Terminator Salvation Barnes Voice
Song or album
Academy Award 2015 Best Original Song "Glory" (with John Legend) Won
African-American Film Critics Association 2014 Best Music Won
BET Awards 2003 Video of the Year "Love of My Life (An Ode to Hip-Hop)" Won
Viewer's Choice Won
Best Collaboration Nominated
2006 Best Male Hip Hop Artist Himself Nominated
2015 Nominated
Video of the Year "Glory" (with John Legend) Nominated
Best Collaboration Won
BET Hip Hop Awards 2006 Element Award – Lyricist of the Year Won
Hip-Hop Video of the Year "Testify" Nominated
2007 Lyricist of the Year Won
CD of the Year Finding Forever Won
Best Hip Hop Video "The People" Nominated
Best Live Performance Nominated
MVP of the Year Nominated
2014 Impact Track "Kingdom" Won
Black Reel Awards 2003 Best Film Song "Love of My Life (An Ode to Hip-Hop)" Won
Critics' Choice Movie Award 2015 Best Song "Glory" Won
Georgia Film Critics Association 2015 Best Original Song "Glory" Won
Golden Globe Award 2015 Best Original Song "Glory" (with John Legend) Won
Grammy Awards 2001 Best Rap Solo Performance "The Light" Nominated
2003 Best Song Written for a Motion Picture/Television Movie "Love of My Life" Nominated
Best R&B Song "Love of My Life" Won
Best Urban/Alternative Performance "Love of My Life (An Ode to Hip-Hop)" Nominated
2006 Best Rap/Sung Collaboration "They Say" Nominated
Best Rap Album Be Nominated
Best Rap Solo Performance Testify Nominated
Best Rap Performance by a Duo or Group "The Corner" Nominated
2008 Best Rap Performance by Duo or Group "Southside" Won
Best Rap Album Finding Forever Nominated
Best Rap Solo Performance "The People" Nominated
2010 Best Rap Performance by a Duo or Group "Make Her Say" Nominated
Best Rap Album Universal Mind Control Nominated
2011 Best Rap/Sung Collaboration "Wake Up Everybody" Nominated
2015 Best Rap Album Nobody's Smiling Nominated
Best Rap/Sung Collaboration "Blak Majik" Nominated
Houston Film Critics Society 2015 Best Original Song "Glory" Nominated
Image Awards 2006 Outstanding Duo or Group "Love of My Life (An Ode to Hip-Hop)" Nominated
Outstanding Song "Love of My Life (An Ode to Hip-Hop)" Nominated
Outstanding Music Video "Love of My Life (An Ode to Hip-Hop)" Nominated
Outstanding Music Video "Testify" Nominated
Outstanding Male Artist n/a Nominated
MTV Video Music Awards 2001 Breakthrough Video "Geto Heaven Remix T.S.O.I." Nominated
2003 MTV2 Award "Come Close" Nominated
2005 Best Hip-Hop Video "Go" Nominated
2006 Best Hip-Hop Video "Testify" Nominated
Best Direction in a Video "Testify" Nominated
Best Art Direction in a Video "Testify" Nominated
NAACP Image Award 2015 Outstanding Supporting Actor in a Motion Picture Won
Soul Train Awards 2006 Best R&B/Soul Single by a Duo or Group "Supastar" Nominated
Best Music Video "Testify" Nominated
Vibe Awards 2005 Reelest Video "The Corner" Nominated
^ "UMPG writers and artists receive best R&B Song of the Year Category at Grammy Awards". Universal Music Publishing Group.
^ Zegel, Maureen (March 27, 2012). "Rapper Common to bring his message to UMSL". UMSL Daily.
^ Williams, Thomas Chatterton (May 11, 2011). "By inviting Common to the White House, Barack and Michelle Obama miss a golden opportunity". Daily News.
^ "Common to throw White Sox 1st pitch". ABC 7 Chicago. April 13, 2012.
^ "Common Gets Thugged Out, Ghost Writing For Diddy Too". Sohh.com. Retrieved 2006-12-07.
^ Reid, Shaheem (April 19, 2006). "Kanye Says He Won't Do 'Fast-Food' Music — 'M:i:III' Track Took 50 Hours". MTV News. Retrieved 2006-12-06.
^ a b Horowitz, Steven J.Common To Release An EP, Album & Mixtape In 2013 | Get The Latest Hip Hop News, Rap News & Hip Hop Album Sales. HipHop DX. Retrieved on 2013-02-13.
^ "Common Announces New Album 'Nobody Smiling'". Rap-Up.com. Retrieved February 17, 2014.
^ Kennedy, John (January 7, 2014). "Watch: Common Reveals Guests On 'Nobody Smiling' LP". Vibe.
^ Ortiz, Edwin (January 6, 2014). "Common to Release New Album 'Nobody Smiling' In 2014, Entirely Produced by No I.D.". Complex.
^ "Wanted b the FBI: JOANNE DEBORAH CHESIMARD". FBI. accessed September 19, 2011.
^ a b Dirner, Cullen. "White House Condemns Some of Common's Lyrics but Praises his Larger Body of Work". ABC News. May 11, 2011
^ Weprin, Alex. Takes Down Fox News Reports on Rapper Visit to White House"The Daily Show"Common Controversy? . TV Newser. May 12, 2011
^ One Day It'll All Make Sense. Amazon.com. accessed September 11, 2011. On October 18, 2011, Common made a visit to Eastern Michigan University, along with speaking, he freestyled and engaged in a book signing for One Day It'll All Make Sense. It was epic.
^ ContactMusic.com. 09/05/2007 10:28:16 PM. Retrieved June 24, 2008.
Common: Geffen Records Site
Common at AllMusic
Common at the Internet Movie Database
Can I Borrow a Dollar?
Like Water for Chocolate
Electric Circus
Finding Forever
Universal Mind Control
The Dreamer/The Believer
Nobody's Smiling
Thisisme Then: The Best of Common
Cruel Summer (with GOOD Music)
Wanted: Weapons of Fate
Cocaine 80s
Soulquarians
No I.D.
Portal:Hip hop
Common singles discography
"Take It EZ"
"Breaker 1/9"
"Soul by the Pound"
"I Used to Love H.E.R."
"Resurrection"
"Retrospect for Life"
"Reminding Me (Of Sef)"
"All Night Long"
"The 6th Sense"
"The Light"
"Geto Heaven Remix T.S.O.I. (The Sound of Illadelph)"
"Come Close"
"The Food"
"The Corner"
"Go!"
"Testify"
"Faithful"
"The People"
"The Game"
"Drivin' Me Wild"
"I Want You"
"Universal Mind Control"
"Announcement"
"Ghetto Dreams"
"Kingdom"
"Speak My Peace"
Other singles
"The Bitch in Yoo"
"One-Nine-Nine-Nine"
"Car Horn"
"Hurricane"
"While I'm Dancin'"
"Panthers"
"A Dream"
"Glory"
"Respiration"
"Dance for Me"
"Love of My Life (An Ode to Hip-Hop)"
"Tell Me What We're Gonna Do Now"
"Make Her Say"
"Favorite Song"
"Switch Up"
Category:Common (rapper) songs
Cyhi the Prynce
DJ Clue?
Jhené Aiko
Krept and Konan
Maejor
3rd Bass
Alyson Williams
B.G. Knocc Out
Bobby V
Brutha
Capone-N-Noreaga
Cormega
Davy D
Def Squad
The Diplomats
DJ Richie Rich
Downtown Science
The Dove Shack
The-Dream
Dresta
Electrik Red
Fam-Lay
Fatman Scoop
Fast Life Yungstaz
Flatlinerz
Flesh-n-Bone
Jayo Felony
Keith Murray
Lady Sovereign
Lil Ru
LovHer
Megan Rochell
Method Man & Redman
MoKenStef
Nikki D
N.O.R.E.
Nicole Wray
Oran "Juice" Jones
Peedi Peedi
Pete Nice
Panjabi Hit Squad
Rev Run
Selan
Shawnna
Smujji
South Central Cartel
Terminator X
Terri Walker
U.S.D.A
Awards for Common
Academy Award for Best Original Song
Music: Con Conrad
Lyrics: Herb Magidson (1934)
"Lullaby of Broadway"
Music: Harry Warren
Lyrics: Al Dubin (1935)
"The Way You Look Tonight"
Music: Jerome Kern
Lyrics: Dorothy Fields (1936)
"Sweet Leilani"
Music and lyrics: Harry Owens (1937)
"Thanks for the Memory"
Music: Ralph Rainger
Lyrics: Leo Robin (1938)
"Over the Rainbow"
Music: Harold Arlen
Lyrics: E. Y. Harburg (1939)
"When You Wish upon a Star"
Music: Leigh Harline
Lyrics: Ned Washington (1940)
"The Last Time I Saw Paris"
Lyrics: Oscar Hammerstein II (1941)
"White Christmas"
Music and Lyrics: Irving Berlin (1942)
"You'll Never Know"
Lyrics: Mack Gordon (1943)
"Swinging on a Star"
Music: Jimmy Van Heusen
Lyrics: Johnny Burke (1944)
"It Might as Well Be Spring"
Music: Richard Rodgers
"On the Atchison, Topeka and the Santa Fe"
Lyrics: Johnny Mercer (1946)
"Zip-a-Dee-Doo-Dah"
Music: Allie Wrubel
Lyrics: Ray Gilbert (1947)
"Buttons and Bows"
Music: Jay Livingston
Lyrics: Ray Evans (1948)
"Baby, It's Cold Outside"
Music and Lyrics: Frank Loesser (1949)
"Mona Lisa"
Music and Lyrics: Ray Evans and Jay Livingston (1950)
"In the Cool, Cool, Cool of the Evening"
Music: Hoagy Carmichael
"High Noon (Do Not Forsake Me, Oh My Darlin')"
Music: Dimitri Tiomkin
"Secret Love"
Music: Sammy Fain
Lyrics: Paul Francis Webster (1953)
"Three Coins in the Fountain"
Music: Jule Styne
Lyrics: Sammy Cahn (1954)
"Love Is a Many Splendored Thing"
"Que Sera, Sera (Whatever Will Be, Will Be)"
Music and lyrics: Jay Livingston and Ray Evans (1956)
"All the Way"
"Gigi"
Music: Frederick Loewe
Lyrics: Alan Jay Lerner (1958)
"High Hopes"
"Never on Sunday"
Music and lyrics: Manos Hatzidakis (1960)
"Moon River"
Music: Henry Mancini
"Days of Wine and Roses"
"Call Me Irresponsible"
"Chim Chim Cher-ee"
Music and lyrics: Richard M. Sherman and Robert B. Sherman (1964)
"The Shadow of Your Smile"
Music: Johnny Mandel
"Born Free"
Music: John Barry
Lyrics: Don Black (1966)
"Talk to the Animals"
Music and lyrics: Leslie Bricusse (1967)
"The Windmills of Your Mind"
Music: Michel Legrand
Lyrics: Alan Bergman and Marilyn Bergman (1968)
Music: Burt Bacharach
Lyrics: Hal David (1969)
"For All We Know"
Music: Fred Karlin
Lyrics: Robb Royer and Jimmy Griffin (1970)
"Theme from Shaft"
Music and lyrics: Isaac Hayes (1971)
"The Morning After"
Music and lyrics: Al Kasha and Joel Hirschhorn (1972)
"The Way We Were"
Music: Marvin Hamlisch
"We May Never Love Like This Again"
"I'm Easy"
Music and lyrics: Keith Carradine (1975)
"Evergreen (Love Theme from A Star Is Born)"
Music: Barbra Streisand
Lyrics: Paul Williams (1976)
"You Light Up My Life"
Music and lyrics: Joseph Brooks (1977)
"Last Dance"
Music and lyrics: Paul Jabara (1978)
"It Goes Like It Goes"
Music: David Shire
Lyrics: Norman Gimbel (1979)
"Fame"
Music: Michael Gore
Lyrics: Dean Pitchford (1980)
"Arthur's Theme (Best That You Can Do)"
Music and lyrics: Burt Bacharach, Carole Bayer Sager, Christopher Cross and Peter Allen (1981)
"Up Where We Belong"
Music: Jack Nitzsche and Buffy Sainte-Marie
Lyrics: Will Jennings (1982)
"Flashdance... What a Feeling"
Music: Giorgio Moroder
Lyrics: Keith Forsey and Irene Cara (1983)
"I Just Called to Say I Love You"
Music and lyrics: Stevie Wonder (1984)
"Say You, Say Me"
Music and lyrics: Lionel Richie (1985)
"Take My Breath Away"
Lyrics: Tom Whitlock (1986)
"(I've Had) The Time of My Life"
Music: Franke Previte, John DeNicola and Donald Markowitz
Lyrics: Franke Previte (1987)
"Let the River Run"
Music and lyrics: Carly Simon (1988)
Music: Alan Menken
Lyrics: Howard Ashman (1989)
"Sooner or Later (I Always Get My Man)"
Music and Lyrics: Stephen Sondheim (1990)
"Beauty and the Beast"
"A Whole New World"
Lyrics: Tim Rice (1992)
"Streets of Philadelphia"
Music and lyrics: Bruce Springsteen (1993)
"Can You Feel the Love Tonight"
Music: Elton John
"Colors of the Wind"
Lyrics: Stephen Schwartz (1995)
"You Must Love Me"
Music: Andrew Lloyd Webber
"My Heart Will Go On"
Music: James Horner
"When You Believe"
Music and lyrics: Stephen Schwartz (1998)
"You'll Be in My Heart"
Music and lyrics: Phil Collins (1999)
"Things Have Changed"
Music and lyrics: Bob Dylan (2000)
"If I Didn't Have You"
Music and lyrics: Randy Newman (2001)
Music: Eminem, Jeff Bass and Luis Resto
Lyrics: Eminem (2002)
"Into the West"
Music and lyrics: Fran Walsh, Howard Shore and Annie Lennox (2003)
"Al otro lado del río"
Music and lyrics: Jorge Drexler (2004)
"It's Hard out Here for a Pimp"
Music and lyrics: Juicy J, Frayser Boy and DJ Paul (2005)
"I Need to Wake Up"
Music and lyrics: Melissa Etheridge (2006)
"Falling Slowly"
Music and lyrics: Glen Hansard and Markéta Irglová (2007)
"Jai Ho"
Music: A. R. Rahman
Lyrics: Gulzar (2008)
"The Weary Kind"
Music and lyrics: Ryan Bingham and T Bone Burnett (2009)
"We Belong Together"
"Man or Muppet"
Music and lyrics: Bret McKenzie (2011)
"Skyfall"
Music and lyrics: Adele Adkins and Paul Epworth (2012)
"Let It Go"
Music and lyrics: Kristen Anderson-Lopez and Robert Lopez (2013)
Music and lyrics: John Stephens and Lonnie Lynn (2014)
Broadcast Film Critics Association Award for Best Song
"Music of My Heart"
Music and lyrics: Diane Warren (1999)
"My Funny Friend and Me"
Music and lyrics: Sting and David Hartley (2000)
"May It Be"
Music and lyrics: Enya, Roma Ryan, Nicky Ryan, Howard Shore (2001)
Music and lyrics: Eminem, Luis Resto, Jeff Bass (2002)
"A Mighty Wind"
Music and lyrics: Christopher Guest, Michael McKean, Eugene Levy (2003)
"Old Habits Die Hard"
Music and lyrics: Mick Jagger, David Stewart (2004)
"Hustle & Flow"
Music and lyrics: Terrence Howard (2005)
"Listen"
Music and lyrics: Henry Krieger, Scott Cutler, Anne Preven, Beyoncé Knowles (2006)
Music and lyrics: Glen Hansard, Markéta Irglová (2007)
"The Wrestler"
Music and lyrics: Ryan Bingham and T-Bone Burnett (2009)
"If I Rise"
Music and lyrics: A. R. Rahman, Dido, Rollo Armstrong (2010)
"Life's a Happy Song"
Music and lyrics: Adele, Paul Epworth (2012)
Music and lyrics: Kristen Anderson-Lopez, Robert Lopez (2013)
Music and lyrics: Common & John Legend (2014)
Golden Globe Award for Best Original Song (2010s)
"You Haven't Seen the Last of Me" Music & Lyrics by Diane Warren (2010)
"Masterpiece" Music & Lyrics by Madonna, Julie Frost and Jimmy Harry (2011)
"Skyfall" by Adele Adkins and Paul Epworth (2012)
"Ordinary Love" by U2 and Danger Mouse (2013)
"Glory" by Common and John Legend (2014)
D'banj
Malik Yusef
Mr Hudson
Really Doe
Sa-Ra
Tony Williams
Jeff Bhasker
Devo Springsteen
Keezo Kane
Kanye West Presents GOOD Music: Cruel Summer
"Mercy"
"Cold"
"New God Flow"
"Clique"
"To the World"
"Don't Like"
GOOD Fridays
Cruel Summer (film)
James Poyser
Things Fall Apart (1999)
Voodoo (2000)
Mama's Gun (2000)
1st Born Second (2001)
Phrenology (2002)
Native Tongues Posse
The Philadelphia Experiment
The Randy Watson Experience
The Ummah
Pages using Template:Infobox musical artist with unknown parameters
Official website not in Wikidata
Male actors from Chicago, Illinois
African-American non-fiction writers
African-American male rappers
African-American male actors
American memoirists
Florida A&M University alumni
Grammy Award winners
Warner Bros. Records artists
Def Jam Recordings artists
Midwest hip hop musicians
Rappers from Chicago, Illinois
Writers from Chicago, Illinois
Songwriters from Illinois
Hip hop activists
Golden Globe Award winning musicians
Best Original Song Academy Award winning songwriters
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), © Luigi Novi / Wikimedia Commons, PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
Katy Perry, Pop music, GOOD Music, Good Music 107.5FM, Good Music (Joan Jett and the Blackhearts album)
Madlib, A Tribe Called Quest, Slum Village, The Roots, Pete Rock
J Dilla discography
J Dilla, Slum Village, The Ummah, Busta Rhymes, The Roots
Kanye West, John Legend, Common (rapper), Spoken Word, Raheem DeVaughn
Hell on Wheels (TV series)
Calgary, Entertainment One, Endemol, Colm Meaney, Anson Mount
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Franks Xanadu
SF Weekly Staff
Wed Apr 12th, 1995 4:00am
The refurbishment of the Victorian home of Mayor Frank Jordan and his wealthy wife of two years, Wendy Paskin, has, like the construction of Europe's finest cathedrals, required the sacrifices and toil of multitudes: painters, scrapers, yard men, roofers, interior designers, architects and color consultants (interior and exterior).
Living across the street from the work-in-progress at the corner of Pacific and Fillmore, I have made it my duty to inform my wife about the construction details each time I return home:
“I think they're going to paint the parlor beige, maybe beige with flecks of white.”
“He's home — the limo's out front.”
“I saw him in the living-room window.”
“The bay window?” my wife asks. “Or the one on the side?”
For many months, the house was shrouded in black gauze to protect its new paint job. (Or had Christo wrapped the mayor's digs to protest Matrix?) Over the course of a year, I felt that I came to know Jordan and Paskin well as I spied on them conferring with carpenters and selecting color swatches arrayed on the hood of Jordan's limousine.
I tried to crash a January open house/fundraiser — and failed — so I can't tell you what the joint looks like inside. But Lisa Zuniga Carlsen can. Carlsen, whose work has appeared in Luxury Homes of Washington magazine, cracked the story in the January issue of the Nob Hill Gazette: “The City's First Couple: Life, Liberty and Football.”
Carlsen viewed the extensive wall-to-ceiling murals: from the fantastical dreamscape in the entranceway to three bathrooms adorned with magic carpets, wild horses and a Greek god. She described “extravagant color schemes” where “yellow and reds dominate the main floor, while a broader palette of celadon, soft beige, rosy pink, cherry red, sage green and lavender sweeps through the upstairs rooms.”
“You see,” I gloated to my wife. “They used beige. I predicted they'd use beige.”
“You said beige,” she corrected. “They used soft beige.”
Carlsen was particularly drawn to the Jordans' brass door hinges and light fixtures and to various wall stencils throughout the house (gold leaves in the living room, gold violins in the music room and gold fish in the dining room). She even got to hear family secrets from the missus: “'Frank fought us on the fish …. He wanted cornucopias.”
Outside, more gold: The Jordans have hired a squadron of the city's finest painters to embellish the structure's exterior details in blinding gold. Neither scallop shells nor acanthus leaves have escaped the brush. The result, like Ivana Trump's renovation of the Plaza Hotel, is breathtaking.
Each citizen who enjoys the house from the street is, in a sense, a part owner, but only the privileged few have visited the mayor's favorite room, the kitchen (which boasts a 10-feet-by-10-feet marble island “buried in correspondence, clippings of Paskin and Jordan hanging out with Arnold Schwarzenegger and Danny DeVito, and the like”) or the master bedroom. Here the custom-made canopy bed piled with duvets mesmerized Carlsen and prompted memories of a stage set in last season's production of the opera Otello.
Carlsen's article deftly captures the first couple's self-restraint. While a local carpenter designed the floor-to-ceiling alderwood bookcases that grace either side of the living-room fireplace, Paskin confides, “We didn't go out and buy million-dollar antiques, but [our designer] found pieces that looked as good, probably better because they're more interesting, within a mayor's budget.”
The residence was valued at $868,368 when the Jordans purchased it in June 1993, but expect that figure to rise next assessment since down the street a home, shabby by comparison, recently sold for nearly a million.
“Not bad for a career cop,” one passerby said, gesturing to the mayor's house.
“No,” agreed his companion. “Not even bad for a career criminal.
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Democrats shun idea of Pelosi floor fight in speaker's race
By LISA MASCARO Associated Press
November 25, 2018 — 10:35pm
WASHINGTON — Call it the chaos theory for picking the next House speaker.
Those Democrats trying to stop California Rep. Nancy Pelosi from reclaiming the job say they don't need a rival candidate just yet. Instead, they plan to show that Pelosi lacks the votes to win the race. And then, they say, new challengers will emerge.
It's strategy that has other Democrats cringing at the prospect of their new House majority in disarray. They say voters swept them to office in this month's elections to govern, not become bogged down by the kind of Republican infighting that sent Ohio Rep. John Boehner to an early exit as speaker and weakened his successor, Wisconsin Rep. Paul Ryan.
The last thing they want is a floor fight over the leadership post when Congress opens work in January.
"If the first Democratic value they see is chaos, I don't think that's very good," said Rep. Don Beyer, D-Va., who recently wrote an op-ed with colleagues supporting Pelosi. "I don't think it's a good look at all."
The chaos theory will be put to a test this coming week when House Democrats meet in private for a vote nominating Pelosi to become speaker in January. She held that post from 2007 to 2011, the first woman to serve as speaker.
After one potential rival stepped aside, Pelosi is expected to easily win the majority from her ranks. But opponents have hopes of denying her the broader support she needs when the new Congress holds a vote in January.
One of those organizing against her, Rep. Kathleen Rice, D-N.Y., said recently that the lack of a sure-fire challenger is beside the point. The goal is to force the question.
"The whole concept of you can't beat somebody with nobody is a Nancy Pelosi talking point," she said.
As Rice and others in the group led by Reps. Seth Moulton of Massachusetts and Tim Ryan of Ohio see it, it's all in the math.
At the moment, there are at least 15 Pelosi opponents, making for a razor-thin vote. House Democrats won a 233-seat majority in the 435-member House in the November midterm election, with a few races still uncalled. Pelosi needs 218 to win the job, if all Republicans oppose her, which is likely. The margin could expand slightly with absences or if lawmakers simply vote "present."
"The first step is showing that she cannot get to 218," Rice told reporters, "and then I believe the challengers will emerge that can allow new members to say, Ok here's another possibility, now I get it."
Moulton, a Marine veteran, said earlier he hopes it will be "a chaotic debate" for new leadership because "that would be healthy for the party."
But after the election delivered Democrats the House majority, it's an approach that may require a leap of faith that other lawmakers are unwilling to take, especially as Pelosi amasses an outpouring of support from advocacy groups, labor unions and even former President Barack Obama in a display of raw power.
Trying to head off that debate, Pelosi sent a letter to colleagues thanking "so many of you for the strong support you have given me" and asked that "we all support" the party's nominee for speaker when the full House votes. "Our unity is our power," she wrote.
At one point Pelosi's opponents counted 17 Democrats on a letter against Pelosi and were hoping for more. But one by one, some of them started standing down.
A potential rival, Rep. Marcia Fudge, D-Ohio, decided against a challenge, agreeing instead to lead a new subcommittee on voting integrity. Pelosi revived that panel and recommended Fudge for the post, elevating an issue important to the Congressional Black Caucus, especially after close races this month in Florida and Georgia.
Another opponent, Rep. Brian Higgins, D-N.Y., dropped his opposition after he said Pelosi agreed to have him take the lead on his proposal to expand Medicare as an option for those age 50 to 65.
As opponents regrouped, Pelosi was home for the holiday recess in California, working the phones and doling out the kinds of perks that show the potential power of being speaker in ways it hasn't been wielded on Capitol Hill.
Boehner and Ryan struggled to corral their majority since Republicans gained control of the House in 2011. The revolt from within the GOP ranks started with the 2010 tea party election and continued with the Freedom Caucus that pushed Boehner to early retirement. Ryan was able to pass the GOP tax bill into law but the right flank repeatedly flexed its muscle including during California Rep. Kevin McCarthy's recent election as minority leader.
Rep. Betty McCollum, D-Minn., said she remembers being in the House chamber as the Boehner speaker's race teetered, and thinking the dysfunction on display wasn't good for Republicans or Democrats.
She wrote the op-ed with Beyer in part because she cannot imagine facing voters in the St. Paul suburbs back home if a floor fight emerges as the Democratic majority's first order of business.
"People in Minnesota would be very, very disappointed — from disappointed to outrage — that we are blowing an opportunity," she said. "Those voters aren't looking for chaos. They're looking for effective, responsible governing."
Newly elected members, especially those who pledged to oppose Pelosi and make way for a new generation of leaders, are caught in the middle.
One who supports Pelosi, Rep.-elect Katie Hill of California, said Democrats "need to minimize any internal party strife" and "hit the ground running day one."
Rep.-elect Alexandria Ocasio-Cortez of New York said in a tweet: "I hope that we can move swiftly to conclude this discussion about party positions, so that we can spend more time discussing party priorities." She backs Pelosi.
Seasoned lawmakers, including Rep. Emanuel Cleaver, D-Mo., say now is not the moment for a public split.
"I wouldn't want to see it come to the floor, in front of the nation," Cleaver said. "I don't want to shake the confidence of the millions of people who stepped out to vote."
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West Metro 512664872
Hopkins mental health clinic offers same day and walk-in therapy
Birch Counseling aims to reach patients who are in the midst of emotional unrest.
By Katy Read Star Tribune
Maybe a spouse walked out on them, they lost their job, they found drugs in their kid’s bedroom — or all of the above. People in crises over life events often want to discuss them with a mental health counselor right away, but many therapists and clinics are booked days or weeks out.
Birch Counseling walk-in clinic in Hopkins opened in May to provide same-day counseling. Clients can call for an appointment, request one on the clinic’s website or just show up. It’s designed to help people cope with emotional turmoil when they’re experiencing it.
“The need is there,” said counselor Christa Surerus, founder of Birch Counseling, which also operates traditional clinics in Hopkins and Golden Valley. “People call in and say, ‘I need to be seen; I can’t wait three weeks — I can’t wait.’ ”
“Anyone can have a crisis,” said James Mallon, a licensed mental health counselor at Birch who is also Surerus’ husband.
So far the clinic’s four counselors have seen at least 100 walk-in clients. More than half were first-timers to therapy.
Surerus sees Birch as the equivalent of an urgent care clinic but for mental health issues.
Although most walk-in clinics see clients with problems of varying severity, including people posing immediate physical danger to themselves or others, Birch focuses primarily on the milder end of the continuum.
Its clients often face the sorts of personal crises that many people experience at some point in their lives, such as job loss, major illness, marital and family problems, and addiction.
A few other mental health clinics in the metro area also can accommodate walk-in patients, who may have to wait for a cancellation or no-show to create an opening later that day.
“We have walk-and-wait at all of our sites, and we have a mobile team that can go out and fill in the gaps if in fact there are people in the lobby at the end of the day,” said Jill Wiedemann-West, CEO of People Incorporated Mental Health Services, which offers four outpatient clinics in Minneapolis, St. Paul and Coon Rapids. “We kind of build all of that in so we’re pretty assured that it would be very, very rare that someone would come in and not talk to [a therapist].”
The more places that offer immediate services the better, said Jin Lee Palen, executive director of the Minnesota Association of Community Mental Health Programs.
“Access is an issue everywhere, so the more places we can find for people to get services when they need them, the better,” she said. “We do need to see more of that, making it easy. We’ve been pushing for urgent cares to take mental health clients for many years.”
Even seemingly ordinary problems can have serious consequences. Since 1999, national suicide rates have increased by 33%, to 14 per 100,000 people. In Minnesota, the increase has been more dramatic, with rates over that same period soaring by 53%, from 9 per 100,000 people to 13.8 per 100,000, according to the state Department of Health.
Theories for the rise in suicide rates range from stress due to current politics to despair over climate change to peer pressure on social media, Surerus said.
More than half the people who die by suicide have no previously diagnosed mental health issues. According to the Centers for Disease Control and Prevention in Atlanta, relationship problems are a factor in more than 40% of suicides.
“A guy in crisis last week couldn’t get into his regular therapist for a week and a half,” Mallon said. “He left here with his anxiety lower. He felt heard out.”
Katy Read is a reporter covering Carver County and western Hennepin County. She has also covered aging, workplace issues and other topics for the Star Tribune. She was previously a reporter at the Times-Picayune in New Orleans, La., and the Duluth News-Tribune.
katy.read@startribune.com 612-673-4583
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600BC
Battle of Marathon, The First Persian invasion of Greece
The Battle of Marathon took place in 490 BC, during the first Persian invasion of Greece. It was fought between the citizens of Athens, aided by Plataea, and a Persian force commanded by Datis and Artaphernes. The battle was the culmination...
490 BC - 430 BC
Empedocles, The 4 Classical Elements
Empedocles was a Greek pre-Socratic philosopher and a citizen of Agrigentum, a Greek city in Sicily. Empedocles' philosophy is best known for being the origin of the cosmogenic theory of the four Classical elements. He also proposed powers...
Protagoras, Man is Measure of all Things
Protagoras of Abdera was one of several fifth century Greek thinkers (including also Gorgias, Hippias, and Prodicus) collectively known as the Older Sophists, a group of traveling teachers or intellectuals who were experts in rhetoric (the...
Zeno of Elea, All is One
Very little is known of the life of Zeno of Elea. We certainly know that he was a philosopher, and he is said to have been the son of Teleutagoras. The main source of our knowledge of Zeno comes from the dialogue Parmenides written by Plato...
Herodotus, Father of History
Herodotus of Halicarnassus was a Greek historian who lived in the 5th century BC in Halicarnassus, Caria; Bodrum in modern Turkey. He is regarded as the "Father of History" in Western culture. He was the first historian known to collect his...
Battle of Thermopylae
In the Battle of Thermopylae of 480 BC, an alliance of Greek city-states fought the invading Persian Empire at the pass of Thermopylae in central Greece. Vastly outnumbered, the Greeks held back the Persians for three days in one of history...
Battle of Salamis
The Battle of Salamis was a naval battle between the Greek city-states and Persia in September, 480 BC in the strait between Piraeus and Salamis Island, a small island in the Saronic Gulf near Athens. The Greek victory marked the turning po...
Battle of Himera, Sicily
The Battle of Himera, supposedly fought on the same day as the more famous Battle of Salamis, or on the same day as the Battle of Thermopylae, saw the Greek forces of Gelon, King of Syracuse, and Theron, tyrant of Agrigentum, defeat the Car...
Phidias, Greek Sculptor
Phidias or Pheidias was a Greek sculptor, painter and architect, who lived in the 5th century BC, and is commonly regarded as one of the greatest of all sculptors of Classical Greece: Phidias' Statue of Zeus at Olympia was one of the Seven...
Euripides, Greek Tragedian
Euripides was a tragedian of classical Athens. Along with Aeschylus and Sophocles, he is one of the three ancient Greek tragedians for whom a significant number of plays have survived. Some ancient scholars attributed 95 plays to him but, a...
Analects, Confucius
No other book in the entire history of the world has exerted a greater influence on a larger number of people over a longer period of time than this slim volume. The spiritual cornerstone of the most populous and oldest living civilization...
Battle of Plataea, Defeat of the Persians
Battle between Greek and Persian forces near Plataea (modern Plataiaí) in Boeotia on the slopes of Mount Cithaeron. A largely Spartan force, including helots, defeated the Persian army of Xerxes I, led by Mardonius; the victory marked this...
Battle of Mycale, End 2nd Persian Invasion
The Battle of Mycale was one of the two major battles that ended the second Persian invasion of Greece during the Greco-Persian Wars. It took place on or about August 27, 479 BC on the slopes of Mount Mycale, on the coast of Ionia, opposite...
Leucippus, 1st Theory of Atomism
Leucippus or Leukippos was the first Greek to develop the theory of atomism — the idea that everything is composed entirely of various imperishable, indivisible elements called atoms — which was elaborated in far greater detail by his pupil...
Socrates, I know that I know nothing
Socrates was a classical Greek Athenian philosopher. Credited as one of the founders of Western philosophy, he is an enigmatic figure known chiefly through the accounts of later classical writers, especially the writings of his students Pla...
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King Richard I, The Lionheart
Richard I was King of England from 6 July 1189 until his death. He also ruled as Duke of Normandy, Aquitaine and Gascony, Lord of Cyprus, Count of Poitiers, Anjou, Maine, and Nantes, and was overlord of Brittany at various times during the...
Tomoe Gozen, Female Samurai Warrior
Tomoe Gozen was a late twelfth-century female samurai warrior (onna bugeisha), known for her bravery and strength. She is believed to have fought in and survived the Genpei War (1180–1185). She was also the concubine of Minamoto no Yoshinak...
Tamar the Great, Queen of Georgia
Tamar the Great, was the Queen Regnant of Georgia from 1184 to 1213, who presided over the apex of the Georgian Golden Age. A member of the Bagrationi dynasty, her position as the first woman to rule Georgia in her own right was emphasized...
Pope Innocent III
Pope Innocent III was Pope from 8 January 1198 until his death. His birth name was Lotario dei Conti di Segni, sometimes anglicised to Lothar of Segni. Pope Innocent was one of the most powerful and influential popes in the history of the p...
Genghis Khan, Unified the Mongols
Genghis Khan was the founder and Great Khan (emperor) of the Mongol Empire, which became the largest contiguous empire in history after his demise. He came to power by uniting many of the nomadic tribes of northeast Asia. After founding...
King Philip II of France, Philip Augustus
Philip II, known as Philip Augustus, was King of France from 1180 to 1223, a member of the House of Capet. Philip's predecessors had been known as kings of the Franks, but from 1190 onward, Philip became the first French monarch to style hi...
King John of England
John reigned as King of England from April 6, 1199, until his death. He succeeded to the throne as the younger brother of King Richard I (known as "Richard the Lionheart"). John acquired the nicknames of "Lackland" and "Soft-sword." He was...
William I, Count of Holland
William I, Count of Holland from 1203 to 1222. He was the younger son of Floris III and Ada of Huntingdon. William was raised in Scotland. He started a revolt against his brother, Dirk VII and became count in Friesland after a reconciliatio...
St. Dominic, Founder Dominicans
Saint Dominic (Spanish: Domingo), also known as Dominic of Osma, often called Dominic de Guzmán and Domingo de Guzmán Garcés was the founder of the Friars Preachers, popularly called the Dominicans or Order of Preachers, a Catholic religiou...
Pope Gregory IX, Papal Inquisition
Gregory IX, Pope 1227-1241, who founded the papal Inquisition. In 1227 he excommunicated Frederick II when the emperor delayed in keeping his pledge to lead a Crusade. Gregory ordered an attack on the kingdom of Sicily in the emperor's abse...
Fibonacci, Hindu-Arabic Numeral System
Leonardo Pisano Bigollo or simply Fibonacci, was an Italian mathematician, considered by some "the most talented western mathematician of the Middle Ages." Fibonacci is best known to the modern world for the spreading of the Hindu-Arabic nu...
Baldwin I of Constantinople
Baldwin I, the first emperor of the Latin Empire of Constantinople, as Baldwin IX Count of Flanders and as Baldwin VI Count of Hainaut, was one of the most prominent leaders of the Fourth Crusade, which resulted in the capture of Constantin...
Otto IV of Brunswick, Holy Roman Emperor
Otto IV of Brunswick was one of two rival kings of the Holy Roman Empire from 1198 on, sole king from 1208 on, and emperor from 1209 on. The only king of the Welf dynasty, he incurred the wrath of Pope Innocent III and was excommunicated in...
Leopold VI, Duke of Austria
Leopold VI, called the Glorious, from the House of Babenberg, was Duke of Austria from 1198 to 1230 and of Styria from 1194 to 1230. Leopold VI participated in the Reconquista in Spain and in two crusades, the Albigensian Crusade in 1212 an...
Peter II, King of Aragon and Count of Barcelona
Peter II the Catholic was the King of Aragon and Count of Barcelona from 1196 to 1213. He was born in Huesca, the son of Alfonso II of Aragon and Sancha of Castile. In 1205 he acknowledged the feudal supremacy of the papacy and was crown...
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Florida Public Official Ethics - PUBLIC RECORDS and MEETINGS
City commission’s “full and open public meeting” cured any potential Sunshine Law violation relating to process for eliminating some applicants for vacant commission seat. [Added 3/20/19]
The First DCA affirmed a summary judgment ruling that the City of Tallahassee “did not violate the Sunshine Law in its process of eliminating some applicants for a vacant [City] commission seat, and that regardless of any asserted violation, the city’s later meeting eliminated any purported taint from the earlier process by conducting a full and open public meeting to fill the vacancy.” The court explained: “[W]e agree with the circuit court that “the December 31, 2018 meeting was not [a] perfunctory or ceremonial acceptance of a prior decision made outside the Sunshine.’ Accordingly, as the court concluded, any purported violation ‘was cured by the full, open and fair consideration of the appointment at the December 31, 2018 meeting.’” Jackson v. City of Tallahassee, __ So.3d __ (Fla. 1st DCA, No. 1D19-366, 3/8/2019), 2019 WL 1090561.
Records reflecting governor’s future travel schedule and location may be exempt from disclosure under Public Records Act. [Added 11/28/18]
An entity made a request under the Public Records Act for copies of documents showing the governor’s calendar, travel schedule, and whereabouts during stated time periods in the future. The governor’s office declined to produce the records, asserting that they were exempt from disclosure under F.S. 119.071(2)(d) (which exempts “[a]ny information revealing surveillance techniques or procedures or personnel”). The governor’s office filed a supporting affidavit from a Florida Department of Law Enforcement agent who attested that premature disclosure of the information would reveal law enforcement techniques, procedures, and personnel and so would compromise security. The trial court ordered production, and an expedited appeal followed.
The First DCA reversed and remanded. Most of the requested information was exempt from disclosure under F.S. 119.071(2)(d). As to the remainder, the appeals court directed that the trial court make an in camera inspection prior to determining whether the exemption applied. Executive Office of the Governor v. AHF MCO of Florida, Inc., __ So.3d __ (Fla. 1st DCA, No. 1D18-3951, 10/29/2018), 2018 WL 5315973.
Claim for violation of public records laws not mooted because record-keeping entity provided requested records after suit was filed but before hearing was held. [Added 11/20/18]
O’Boyle and Asset Enhancement, Inc. (collectively, “Appellants”) made a public records request to Town, asking for copies of (1) text messages sent or received by the Town’s Mayor since the time of his appointment and (2) bills and payments sent to the Town for services rendered by the Town’s attorney. Town did not provide the requested documents, instead allegedly producing redacted copies of the bills and payments and only selected text messages. Appellants filed suit alleging that Town violated the Public Records Act (F.S. Ch. 119). They asked the court to order an in camera review of the legal bills. Town turned over the billing and payment records without redactions, and then filed a motion to dismiss. The court granted the motion to dismiss.
The Fourth DCA reversed and remanded, addressing both categories of requested documents.
Text Messages. Text messages sent or received by public officials or employees of a government agency are public records subject to disclosure upon request under the Act if the messages are related to their public responsibilities. “Accordingly, the Town’s reasons for its lack of disclosure, whether for reasons related to relevancy, the application of possible privileges, or otherwise, necessitates a judicial review of the available communications to identify those which are subject to disclosure and any defenses to allegations of noncompliance.” The appeals court remanded for an in camera review of the disputed text messages to determine whether they are public records.
Town attorney’s billing and payment records. Town claimed that Appellants’ request for these records was moot because Town ultimately provided a complete set of unredacted records. The appellate court disagreed, concluding that “this claim was not moot due to the presence of collateral issues yet to be decided by the trial court – specifically, a determination whether the Town’s initial redactions of the bills were proper, and whether any reasonable attorney’s fees, costs, and expenses, should be awarded. We therefore reverse and remand for a determination of those issues.” O’Boyle v. Town of Gulf Stream, __ So.3d __ (Fla. 4th DCA, No. 4D17-2725, 10/24/2018), 2018 WL 5291287.
Court properly ordered release of video footage of school shooting as public record. [Added 8/10/18]
Events as part of a school shooting were video recorded. Media outlets requested copies under the Public Records Act. The State Attorney’s Office and the School Board objected, arguing that the footage was exempt from release under exceptions to the Act. The trial court ordered disclosure of the footage. The State Attorney’s Office and the School Board appealed.
The Fourth DCA affirmed. The court commented that the videos at issue “are public records subject to disclosure within the meaning of” Fla.Constit. Art. I, sec. 24(a) and F.S. Ch. 119. Consequently, “[t]he central issue before [the court] is whether the footage is statutorily exempt from disclosure.”
The State Attorney’s Office argued that the videos were exempt from disclosure under F.S. 119.071(2) as “active criminal investigation information.” The appeals court rejected that contention because “the footage was created before the criminal investigation began and was compiled by the School Board, not a law enforcement agency.” The videos were not covered by the exemption because “they were not compiled by a criminal justice agency in the course of conducting a criminal investigation.” Further, the criminal investigative information exception does not exempt public records from disclosure just because they are transferred to a law enforcement agency.
The School Board had argued that the footage, which was taken by its surveillance cameras, was exempt from disclosure under the “security plan” exemption in F.S. 119.071(3). The appeals court rejected this contention on the ground that the “good cause” exception to the exemption applied. State Attorney’s Office v. Cable News Network, Inc., __ So.3d __ (Fla. 4th DCA, Nos. 4D18-1335, 4D18-1336, 7/25/2018), 2018 WL 3569397.
Public records exemption for personal financial information identifying specific consumer in connection with insurance policy upheld as constitutional by First DCA. [Added 5/9/18]
Consumers may contact the Department of Financial Services about 2 sinkhole-related programs overseen by the Department under the insurance code. Two Law Firms had routinely obtained information from the Department of Financial Services regarding policyholders who contacted the Department to participate in either program, including the policyholders’ names, addresses, phone numbers, email addresses, type of insurance, reason for contacting the Department, and insurance company information. The Department had provided this information under the belief that it was public records. Recently, however, the Department changed its analysis and concluded that the information was protected from disclosure by an exemption in F.S. 624.23 for “personal financial” information.
The Law Firms filed suit seeking the information. The trial court granted summary judgment for the Department. Law Firms sought a determination that the statute was unconstitutional, and the court agreed. The Department appealed.
The First DCA reversed, holding that the statute was constitutional. F.S. 624.23 “satisfies the two-pronged test for constitutionality under [Fla.Constit.] Article I, section 24(c) and Halifax [Hospital Medical Center v. News-Journal Corp., 724 So.2d 567, 569 (Fla. 1999)].” Florida Dept. of Financial Services v. Danahy & Murray, P.A., __ So.3d __ (Fla. 1st DCA, No. 1D17-2493), 2018 WL 1885890.
Fourth DCA reverses determination that Sunshine Law violation was cured by subsequent public meeting. [Added 5/7/18]
Plaintiff Transparency for Florida, Inc. (“Transparency”) sued City alleging a violation of the Sunshine Law. Specifically, the complaint claimed that city council members were improperly polled by the city attorney to determine their position on the terminated city manager’s separation agreement. After the polling, there was a special meeting held in public on just less than 24 hours notice. At that meet the separation agreement was approved without discussion. The defendants denied violating the Sunshine Law, but argued that any violation was cured by the public meeting. The trial court agreed and granted defendants’ motion for summary judgment. Transparency appealed.
The Fourth DCA reversed and remanded, concluding that there were disputed issues of fact. The appeals court was of the view that the evidence presented did not conclusively refute the allegation that the city attorney acted as a liaison for communication between the council members in violation of the law. The trial court “correctly concluded that it could not definitively find that no Sunshine Law violation occurred,” but erred in ruling that any violation was cured by the subsequent special meeting. The court quoted from Zorc v. City of Vero Beach, 722 So.2d 891, 903 (Fla. 4th DCA 1998): “only a full, open hearing will cure a defect arising from a Sunshine Law violation. Such violation will not be cured by a perfunctory ratification of the action taken outside of the sunshine.” The separation was not discussed during the public meeting, but merely unanimously approved. “[W]e conclude that there are disputed issues of fact as to whether the meeting on the separation agreement cured any Sunshine Law violation which may have occurred prior to the meeting in the formation of the separation agreement and termination of the city manager.”
The court further noted that “[t]here remains a disputed issue of fact” regarding whether the notice provided for the meeting was reasonable. Transparency for Florida v. City of Port St. Lucie, __ So.3d __ (Fla. 4th DCA, No. 4D16-3976, 4/18/2018), 2018 WL 1865024.
State attorney did not violate public records law by making requested records available at main office rather than office closer to requester’s home. [Added 4/19/18]
Following a decision not to charge his client, the client (through his lawyer) made a public records request to see and copy the state attorney’s case file. In accordance with his office’s public records policy, the state attorney offered to make the records available at his main office, where he had reviewed them. When the requester filed suit, the trial court ruled that the state attorney had violated the public records law by not making the records available at his branch office closer to the requester’s home. The state attorney appealed.
The First DCA reversed. “By making the records available at his main office in Live Oak, where they had been reviewed for exemptions pending [the requester’s] inspection, State Attorney Jarvis satisfied his legal obligation. His office was a reasonable place to make the State Attorney’s records available in the Third Circuit, even if [the requester] had to drive some twenty-five miles to view them.” (Footnote omitted.) Siegmeister v. Johnson, __ So.3d __ (Fla. 1st DCA, No. 1D17-992, 2/20/2018), 2018 WL 944474.
City violated Sunshine Law because city council’s discussions exceeded scope of “shade session” exception to law. [Added 4/11/18]
During a city council meeting, the council met with its legal counsel to discuss a city ordinance that had been challenged in federal court. This portion of the meeting was closed to the public under the exception to the Sunshine Law (F.S. 286.011) that permits “shade sessions,” which are “confined to settlement negotiations or strategy sessions related to litigation expenditures.” F.S. 286.011(8)(b). Immediately after the shade session the council voted to amend the ordinance. A member of the public filed a suit against the city seeking injunctive relief and a declaratory judgment that the city violated the Sunshine Law.
The trial court ruled that the council did not break the law during the “shade session” but did invalid the ordinance because of the city’s failure to follow statutory notice requirements. The plaintiff appealed. The Second DCA affirmed the judgment that the notice requirements were violated, but reversed the trial court’s conclusion that the Sunshine Law had not been violated.
The scope of the discussion during the shade session was not limited to discussing settlement or litigation expenditures in the federal suit challenging the ordinance. Rather, “a great majority of the discussion involved the specifics of a proposed amendment to” the ordinance. “In short, the shade meeting was used to crystallize a secret decision to a point just short of ceremonial acceptance, in violation of Florida's Sunshine Law. [The plaintiff] was entitled to summary judgment holding such.” The court remanded for further proceedings, citing Anderson v. City of St. Pete Beach, 161 So.3d 548, 554 (Fla. 2d DCA 2014). City of St. Petersburg v. Wright, __ So.3d __ (Fla. 2d DCA, No. 2D16-3361, 2/14/2018), 2018 WL 844075.
Court erred in ordering disclosure of public records ina city’s risk management claims file on basis that release of records, though protected by statute, would not prejudice city. [Added 1/10/18]
McDonough filed a Notice of Intent to File Claim against the City of Homestead based on an incident involving McDonough and an off-duty City police officer. McDonough also filed a defamation action against the officer. City decided to defend the officer in the defamation action and retained a law firm for that purpose. McDonough filed a public records request seeking documents relating to City’s decision. City responded that the documents “contained the impressions of attorneys retained by the City related to the pending Notice of Intent claim” and were exempt from production because of the “claims file exemption” contained in F.S. 768.28(16)(b) (“Claims files maintained by any risk management program administered by the state, its agencies, and its subdivisions are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until termination of all litigation and settlement of all claims arising out of the same incident, although portions of the claims files may remain exempt, as otherwise provided by law.”).
The trial court ruled that the 5 documents in question were part of City’s claims filed, but nonetheless ordered production of 2 of the documents on the ground that they were not confidential and there would be no prejudice to City as a result of producing them.
The Third DCA reversed. The fact that the documents were in City’s risk management claims file made them confidential and exempt from production under F.S. 768.28(16)(b). “[T]he trial court erred by creating a ‘no harm’ exception to section 768.28 that is not contained in either statute or case law. While finding that the documents were contained in the risk file and as such should be exempt, the trial court determined that their production would not harm the City and would not place the City at any disadvantage, and thus were not confidential. This ignores the plain language of the statute indicating that the entire claims file is exempt from disclosure until resolution of the claim or claims. The statute does not contain such an exception to the privilege.” City of Homestead v. McDonough, __ So.3d __ (Fla. 3d DCA, No. 3D16-2462, 11/1/2017), 2017 WL 4937816.
Amendment to Public Records Act applies retroactively and prevents disclosure of identity of witnesses to a murder who could also be considered victims of a crime. [Added 10/5/17]
Someone shot and killed the murder victim as he was driving on I-95. A vehicle with 2 occupants followed the suspect’s vehicle and tried to get its license number. The suspect shot at their car. The shots struck their car but did not hit the occupants.
Newspaper made a public records to the Sheriff’s Office (PBSO) for the names of the persons who chased the suspect. PBSO refused to provide the requested information “because, in its view: (a) the identity of witnesses to a crime was covered by the so-called ‘active criminal investigative information’ exception to the [Public Records] Act; and (b) as these ‘witnesses’ were not ‘victims’ of the primary crime being investigated (the homicide), the statutory ‘exception’ to this ‘exemption’ – which compels disclosure of the identity of ‘the victim of a crime’ – was not implicated.” See F.S. 119.001(3)(c)(2).
Newspaper filed suit under the Public Records Act. The trial court orally granted Newspaper’s request for the information and ordered disclosure, “that these individuals – while primarily witnesses – also were victims and, as a result, their identifying information was specifically excluded from the definition of ‘active criminal investigative information’ and hence outside the reach of this exemption.” See F.S. 119.001(3)(c)(2). The trial court also stayed its order so that PBSO could appeal.
The Fourth DCA reversed. The appeals court observed that the relevant statute “as plainly written, excepts victim information from what would otherwise be this applicable exemption from disclosure.” PBSO maintained that the persons who saw the shooting were not “victims” of the crime being investigated – the murder. They were, in the view of PBSO, “primarily witnesses.” Applying the statute, the appeals court concluded that the trial court correctly decided that “the names of these individuals were not exempt from disclosure as criminal intelligence or investigative information.”
The court’s analysis, however, did not end there due to a recent legislative amendment to the Public Records Act. The amendment exempted information that identified the witnesses to a murder for 2 years after the date of the murder. Under the amendment, in the court’s view, “just as a victim’s information is subject to disclosure even if that victim also happens to be a witness, information regarding a witness to a murder is protected even if that witness also happens to be a victim.” The court concluded that the amendment applied retroactively and reversed the trial court’s disclosure order. Palm Beach County Sheriff’s Office v. Sun-Sentinel Co., LLC, __ So.3d __ (Fla. 4th DCA, No. 4D17-1060, 9/6/2017), 2017 WL 3888807.
Court erred by ordering production of public records in time frame that did not allow redaction of exempt information and without requiring payment from requesting law firm. [Added 7/11/17]
Law Firm, which represented a defendant in a criminal case, submitted public records requests to the Florida Agency for Health Care Administration (“AHCA”). AHCA searched for the records and identified a huge number of results. The parties worked together to refine the search terms, but the searches still produced “a massive” number of results. AHCA billed Law Firm for charges, but Law Firm claimed the charges were unreasonable and did not pay. AHCA declined to produce the records.
The searches were further refined and produced fewer results, but Law Firm did not pay the reduced cost reimbursement invoices. Seeking to compel AHCA to produce the records, Law Firm petitioned for a writ of mandamus. The trial court ordered AHCA “to produce a modified list of documents within forty-eight hours, without requiring any payment prior to production.” AHCA appealed.
The First DCA reversed. An agency that receives a public records request is obligated to redact information that is exempt from disclosure under the public records law, such as social security numbers or bank account information. Further, the law requires that an agency provide public records upon the requestor’s payment of the legally prescribed fee. The appeals court concluded: “The trial court erred by requiring production of documents within forty-eight hours of the date of the order because the documents could not be reviewed for redaction within this compressed time period. The trial court further erred by requiring production of the documents prior to payment of AHCA’s invoices.”
The appeals court also ruled that the requirements for mandamus were not met. Florida Agency for Health Care Administration v. Zuckerman Spaeder, LLP, __ So.3d __ (Fla. 1st DCA, No. 1D16-4801, 7/6/2017), 2017 WL 2870998.
Court erred in invalidating approval of workers’ compensation insurance rate increase for alleged violations of open meetings and public records laws. [Added 6/13/17]
The National Council on Compensation Insurance (“NCCI”) is a licensed insurance rating organization operating nationwide. After Florida Supreme Court decision affecting workers’ compensation insurance (Castellanos v. New Door Co., 192 So.3d 431 (Fla. 2016)), NCCI filed a request with the Florida Office of Insurance Regulation (“OIR”) for a rate increase. A single NCCI employee, Rosen, was responsible for the rate determination proposal. While that matter was pending, the Supreme Court decided another case that could affect workers’ comp insurers (Westphal v. City of St. Petersburg, 194 So.3d 311 (Fla. 2016)). NCCI filed an amended rate request.
After each filing, Fee made a public records request of NCCI for documents relating to these and prior rate filings. NCCI provided Fee with documents. Prior to the public hearing on NCCI’s rate filing, Fee filed suit alleging: “(1) NCCI violated the Sunshine Law [F.S. 286.011], byfailing to provide notice of or a meaningful opportunity to participate in committee meetings where its rate proposals were discussed; (2) the amended rate filing was void ab initio due to violations of the Sunshine Law; (3) NCCI violated [F.S. 627.291(1)], by denying Fee access to records regarding the rate proposal; and (4) NCCI violated the Public Records Act by failing to respond to Fee’s records requests.”
While the suit was pending, the OIR approved a rate increase at a lower amount than sought by NCCI. The trial court in Fee’s suit then held an evidentiary hearing. The court “determined that the order approving the rate increase was void because NCCI and OIR violated the Sunshine Law under three separate statutory provisions” (F.S. 627.091(6), 286.011, and 627.093). The court also ruled that NCCI violated F.S. 627.291(1) and 119.07 when it denied Fee access to its records. OIR and NCCI appealed.
The First DCA reversed, deciding that no violations occurred and ordered reinstatement of OIR’s order approving the rate increase.
Open meetings violations did not occur because there was only a single NCCI employee responsible for determining rate increase proposals. The Sunshine Law would apply only “when the rate-determination committee of a rating organization meets to determine workers’ compensation insurance rates.” No NCCI committee had been responsible for workers’ compensation rate determinations for the past 25 years. Further, the Sunshine Law did not apply to NCCI’s internal meetings, because only Rosen had authority to determine the rate to be proposed to OIR.
The court also explained why NCCI was not required to provide Fee with access to its records under sections 627.291 or 119.07. National Council on Compensation Ins. v. Fee, __ So.3d __ (Fla. 1st DCA, Nos. 1D16-5408, 1D16-5416, 5/9/2017), 2017 WL 1908370.
Fourth DCA affirms trial court’s determination that hourly fee of $189.21 to respond to public records request involving ballot inspection was reasonable under circumstances. [Added 12/29/16] -- Trout v. Bucher, __ So.3d __ (Fla. 4th DCA, No. 4D16-369, 12/7/2016), 2016 WL 7118836.
Court’s order denying petition to compel disclosure of public records reversed because court failed to hold hearing before ruling. [Added 10/15/16] -- Kline v. University of Florida, __ So. 3d __ (Fla. 1st DCA, No. 1D15-4216, 10/4/2016), 2016 WL 5804982.
When responding to public records request, public agency not required to identify the statutory exemption for each individual redaction in record. [Added 9/6/16] -- Jones v. Miami Herald Media Co., __ So.3d __ (Fla. 1st DCA, No. 1D16-1906, 8/29/2016), 2016 WL 4506121
Inmate who filed mandamus petition suit to compel production of public records may be entitled to costs, despite fact that documents were provided shortly after he filed. [Added 7/26/16] -- Cookston v. Office of the Public Defender, Fifth Judicial Circuit, __ So.3d __ (Fla. 5th DCA, No. 5D15-4074, 7/15/2016), 2016 WL 3769055.
County’s “wait and see” attitude toward public records request results in imposition of attorney’s fees. [Added 7/7/16] -- Schweickert v. Citrus County Florida Board, __ So.3d __ (Fla. 5th DCA, No. 5D15-3007, 6/17/2016), 2016 WL 3353692.
Failure to immediately produce public records in response to request from email that appeared to be spam was not “unlawful refusal” and thus could not support fee award to requestor. [Added 6/6/16] -- Citizens Awareness Foundation, Inc. v. Wantman Group, Inc., __ So.3d __ (Fla. 4th DCA, No. 4D15-1760, 5/25/2016), 2016 WL _______.
University student disciplinary records protected by federal privacy law (FERPA) and generally not subject to disclosure under Public Records Act, with limited exception for information about student government officers. [Added 4/19/16] -- Knight News, Inc. v. University of Central Florida, __ So.3d __ (Fla. 5th DCA, No. 5D14-2951, 4/8/2016) (on rehearing), 2016 WL 1385921.
Supreme Court holds that prevailing party is entitled to fees under Public Records Act when public agency violated Act, regardless of whether agency acted in bad faith. [Added 4/15/16] -- Board of Trustees, Jacksonville Police & Fire Pension Fund v. Lee, __ So.3d __ (Fla., No. SC13-1315, 4/14/2016), 2016 WL _______.
Fee award against Department of Economic Opportunity for failing to timely respond to public records request is reversed because requestor did not give timely notice to Department of Financial Services as required by F.S. 284.30. [Added 12/30/15] -- Dept. of Economic Opportunity v. Consumer Rights, LLC, __ So.3d __ (Fla. 1st DCA, No. 1D15-0383, 12/18/2015), 2015 WL 9258293.
At least some information in Facebook post that sparked criminal investigation is public record and should be disclosed, notwithstanding ongoing investigation. [Added 8/21/15] -- Barfield v. City of Tallahassee, __ So.3d __ (Fla. 1st DCA, No. 1D14-5530, 8/14/2015), 2015 WL 4774021.
Public hospital violated Public Records Act by placing unreasonable restrictions on requester’s access to records. [Added 7/16/15] -- Lake Shore Hospital Authority v. Lilker, __ So.3d __ (Fla. 1st DCA, No. 1D14-4579, 7/8/2015), 2015 WL 4111669.
County’s delay in providing public records in response to anonymous request from generic email address was not unlawful refusal and thus would not support fee award to requestor. [Added 3/23/15] -- Consumer Rights, LLC v. Union County, __ So.3d __ (Fla. 1st DCA, No. 1D14-263, 2/26/2015).
The First DCA addresses a question with “no clear answer” – whether a state attorney’s office is legally required to coordinate its ongoing discovery review for trial with a public records request review regarding the same records.[Added 2/10/15] -- Morris Publishing Group, LLC v. State, __ So.3d __ (Fla. 1st DCA, No. 1D13-5721, 1/20/2015), 201 WL 233285.
In “textbook case of why the legislature authorized an aaward of fees against obstinate public entities such as Appellant,” Fifth DCA sanctions a county for filing frivolous appeal. [Added 12/30/14] -- Orange County v. Hewlings, __ So.3d __ (Fla. 5th DCA, No. 5D13-3775, 12/12/2014), 2014 WL 6990570.
Closed-door mediation sessions between City and police and firefighters unions resulting in changes to unions’ pension plan were collective bargaining sessions that should have been held in public. [Added 11/9/14] -- Brown v. Denton, __ So.3d __ (Fla. 1st DCA, Nos. 1D14-0443, 1D14-0444, 10/21/2014), 2014 WL 5333480.
Agency violated Public Records Act by delaying disclosure of non-exempt records to litigation opponent. [Added 9/2/14] -- Promenade D’Iberville, LLC, v. Sundy, __ So.3d __ (Fla. 1st DCA, No. 1D13-5583, 8/28/2014).
“Shade meeting” transcript becomes public record on conclusion of underlying lawsuit, notwithstanding later filing of related suit. [Added 9/1/14] -- Chmielewski v. City of St. Pete Beach, Florida, __ So.3d __ (Fla. 2d DCA, No. 2D13-4923, 8/27/2014).
Court erred in dismissing complaint for writ of mandamus to compel production of public records based solely on pleadings and without holding evidentiary hearing. [Added 8/27/14] -- Clay County Education Ass’n v. Clay County School Board, __ So.3d __ (Fla. 1st DCA, No. 1D13-4858, 8/22/2104).
Email request for public records is sufficient to give standing to bring mandamus action to compel production of records sought. [Added 6/18/14] -- Chandler v. City of Greenacres, __ So.3d __ (Fla. 4th DCA, No. 4D13-377, 6/11/2014).
Court erred in denying fees to public records requestor on ground that governmental entity's failure to promptly provide records was not "willful." [Added 3/14/14] -- Lilker v. Suwannee Valley Transit Authority, 133 So.3d 654 (Fla. 1st DCA 3/14/2014).
Videotaped interview of minor victim of sexual battery may have to be produced to convicted defendant under public records laws. [Added 2/27/14]
A convicted, incarcerated defendant sent a written public records request to the State Attorney’s Office under the Public Records Act, Fla.Stat. Ch. 119. Among other things, he sought a copy of recorded interviews of the minor victim and her mother. The State declined to produce the requested records, citing an allegedly applicable exception to the public records laws. Defendant filed a motion to compel production and requested a hearing on his motion. The trial court summarily denied the motion without holding a hearing.
Defendant sought certiorari review of the trial court’s order. The Fifth DCA quashed the order and remanded for hearing.
In its opinion the appeals court offered “some guidance to the trial court when it conducts a hearing.” Regarding Defendant’s request for copies of videotaped interviews, the court commented: “As to Petitioner’s second category of public records requested, if there is a videotaped interview of the minor victim, an unredacted copy must be provided to defendant or his attorney. All of the other records should be redacted in accordance with section 119.071(2)(h).”
The court closed by certifying the following question to the Florida Supreme Court as one of great public importance: “Does Florida’s Public Records Act, specifically section 119.071(2)(j)2.b., Florida Statutes (2013), require a state agency to provide a convicted, incarcerated inmate with an unredacted copy of the videotaped statement of the minor victim of his or her crime?” Ingram v. State, __ So.3d __ (Fla. 5th DCA, No. 5D13-1519, 2/21/2014), 2014 WL 656734.
Records regarding the “value added” by individual public school teachers to a student’s FCAT score are not exempt from disclosure under the public records law. [Added 11/19/13] -- Morris Publishing Group, LLC v. Fla. Dept. of Education, __ So.3d __, 38 Fla.L.Weekly D2345 (Fla. 1st DCA, No. 1D13-1376, 11/12/2013), 2013 WL 5988693.
One governmental entity may not assert public records exemption at direction of another governmental entity. [Added 9/16/13] -- Chandler v. City of Sanford, 121 So.3d 657 (Fla. 5th DCA 9/13/2013).
Court erred in excluding from evidence portion of public record containing investigator’s “mental impressions.” [Added 7/19/13] -- City of Avon Park v. State, 117 So.3d 470 (Fla. 2d DCA 7/17/2013).
Fees are to be awarded whenever public agency refuses to permit access to public records, regardless of agency’s intent. [Added 4/28/13] -- Lee v. Board of Trustees, Jacksonville Police and Fire Pension Fund, 113 So.3d 1010 (Fla. 1st DCA 4/22/2013).
Public records laws do not require disclosure of name of student who sent email complaining about state college teacher. [Added 3/22/13] -- Rhea v. Board of Trustees of Santa Fe College, 109 So.3d 851 (Fla. 1st DCA 3/13/2013) (on rehearing).
Court erred in ruling that location of university primate research facility was exempt from public records request. [Added 2/27/13] -- Marino v. University of Florida, 107 So.3d 1231 (Fla. 1st DCA 2/26/2013).
Court applied wrong test in denying City’s motion to inspect court records in dependency case. [Added 12/5/12] -- City of Plant City v. Dept. of Children and Family Services, 101 So.3d 407 (Fla. 2d DCA 2012).
Municipality permitted, but not required, to release records of juvenile offense investigation to victim. [Added 9/18/12] -- Harvard v. The Village of Palm Springs, 98 So.3d 645 (Fla. 4th DCA 2012).
First DCA discusses exceptions to statutory confidentiality of juvenile criminal records. [Added 9/14/12] -- G.G. v. Fla. Dept. of Law Enforcement, 97 So.3d 268 (Fla. 1st DCA 2012).
Court “shall” award reasonable fees and costs to party forced to litigate to obtain compliance with public records laws. [Added 8/6/12] -- Althouse v. Palm Beach County Sheriff’s Office, 92 So.3d 899 (Fla. 4th DCA 2012).
Public records requestor’s objection to court’s proposed in camera review of relevant records results in denial of request. [Added 6/1/12] -- Althouse v. Palm Beach County Sheriff’s Office, 89 So.3d 288 (Fla. 4th DCA 2012).
Court erred in denying fees to public records requestor after government entity “responded” but did not comply for 45 days. [Added 5/22/12] -- Hewlings v. Orange County, 87 So.3d 839 (Fla. 5th DCA 2012).
Public Records Act permits city to redact questions and answers from pre-employment polygraph report before releasing it to applicant/requestor. [Added 2/28/12] -- Rush v. High Springs, Florida, 82 So.3d 1108 (Fla. 1st DCA 2012).
Complaint that facially states cause of action for violation of public records law requires evidentiary hearing. [Added 11/23/11] -- Johnson v. Jarvis, 74 So.3d 168 (Fla. 1st DCA 2011).
Fourth DCA concludes that an email sent by a city official is not a public record, focusing on whether it was prepared in connection with official business. [Added 7/22/11] -- Butler v. City of Hallandale Beach, 68 So.3d 278 (Fla. 4th DCA 2011).
Supreme Court rules that Fla.R.Crim.P. 3.852 and F.S. 27.7081 did not unconstitutionally restrict death-penalty defendant's access to public records. [Added 7/19/11] -- Wyatt v. State, 71 So.3d 86 (Fla. 2011).
Supreme Court rules that Sarasota County did not violate Sunshine Law during negotiations to relocate Baltimore Orioles spring training. [Added 10/29/10] -- Sarasota Citizens for Responsible Government v. City of Sarasota, 48 So.3d 755 (Fla. 2010).
Audio recordings of high-profile defendants' phone calls made by sheriff's office are not public records subject to disclosure. [Added 9/30/10] -- Bent v. State, 46 So.3d 1047 (Fla. 4th DCA 2010).
First DCA rules that Department of Health's confidential investigative records are not subject to discovery administrative or court proceedings. [Added 9/27/10] -- Florida Dept. of Health v. Kenneth D. Poss, D.P.M., 45 So.3d 510 (Fla. 1st DCA 2010).
State Attorney's trial notes not subject to disclosure as public records, rules Florida Supreme Court. [Added 9/20/10] -- Geralds v. State, __ So.3d ___, 35 Fla.L.Weekly S503 (Fla., Nos. SC06-761, SC07-716, 9/16/2010), 2010 WL 3582955.
Company's customer lists produced to state agency are trade secrets exempt from disclosure under public records law. [Added 8/4/10] -- James, Hoyer, Newcomer, Smiljanich, & Yanchunis, P.A. v. Rodale, Inc., 41 So.3d 386 (Fla. 1st DCA 2010).
Supreme Court amends rules governing public access to judicial branch records. [Added 3/22/10] -- In re: Amendments to Florida Rule of Judicial Administration 2.420 and the Florida Rules of Appellate Procedure, 31 So.3d 756 (Fla. 2010).
Public Records Act exemptions for undercover police identities not lost merely because they were disclosed to criminal defendant during discovery. [Added 3/11/10] -- Rameses, Inc. v. Demings, 29 So.3d 418 (Fla. 5th DCA 2010).
City's eventual production of meeting minutes months after their request did not moot issue of City's violation of public records law. [Added 1/25/10] -- Grapski v. City of Alachua, 31 So.3d 193 (Fla. 1st DCA 2010).
Criminal defendant's filing of pleading in his closed case not appropriate method of filing public records request. [Added 10/23/09] -- Harris v. State, 21 So.3d 864 (Fla. 3d DCA 2009).
Audio recording of criminal defendant's sentencing hearing is not a "court record" and therefore is not a public record. [Added 5/10/09] -- Media General Operations, Inc. v. State, 12 So.3d 239 (Fla. 2d DCA 2009).
Government lawyer's memo concerning Disadvantaged Business Enterprise application must be produced in response to public records request. [Added 2/17/09] -- Greater Orlando Aviation Authority v. Nejame, Lafay, Jancha, Vara, Barker & Joshi, P.A., 4 So.3d 41 (Fla. 5th DCA 2009).
Internal investigation procedures used by County Sheriff's Office did not violate Sunshine Law. [Added 1/19/09] -- McDougall v. Culver, 3 So.2d 391 (Fla. 2d DCA 2009).
Portions of personal flight logs of pilots for police department's aviation unit are public records. [Added 1/19/09] -- Miami-Dade County v. Professional Law Enforcement Ass'n, 997 So.2d 1289 (Fla. 3d DCA 2009).
Someone requesting public records from city must pay past-due fees owed before city must comply with new request. [Added 10/31/08] -- Lozman v. City of Riviera Beach, 995 So.2d 1027 (Fla. 4th DCA 2008).
Private engineering firm that contracted to perform public functions on behalf of city is considered "agency" subject to public records laws. [Added 7/10/08] -- B & S Utilities, Inc. v. Baskerville-Donovan, Inc., 988 So.2d 17 (Fla. 1st DCA 2008).
Government's charge for labor costs in responding to extensive public records requests may include both salary and employee benefit costs. [Added 1/29/08] -- Board of County Commissioners of Highlands County v. Colby, 976 So.2d 31 (Fla. 2d DCA 2008).
Memo "to the file" written by county commissioner is public record subject to disclosure under Chapter 119, Florida Statutes. [Added 12/27/2007] -- Miami Herald Media Co. v. Sarnoff, 971 So.2d 915 (Fla. 3d DCA 2007).
Public records law does not require copies be furnished free of charge to convicted defendant pursuing postconviction relief. [Added 7/10/07] -- Clowers v. State, 960 So.2d 840 (Fla. 3d DCA 2007).
Litigation files of county and its law firm continue to be exempt from public records laws while claimant pursues claims bill in Legislature. [Added 6/22/07] -- Wagner v. Orange County, Florida, 960 So.2d 785 (Fla. 5th DCA 2007).
Attorney's fees awarded against state attorney's office that did not respond to public records request until after requestor filed suit to require production. [Added 4/27/07] -- Office of the State Attorney for the Thirteenth Judicial Circuit v. Gonzalez, 953 So.2d 759 (Fla. 2d DCA 2007).
Public records laws precluded judge from ordering production of notices of hearing from unemployment appeals. [Added 3/23/07] -- Fla. Agency for Workforce Innovation v. Mitchell S. Ritchie, P.A., 951 So.2d 111 (Fla. 1st DCA 2007).
Labor unions must pay statutory copying charge for public records sought from public employer with which union is engaged in collective bargaining. City of Miami Beach v. Public Employees Relations Comm'n, 937 So.2d 226 (Fla. 3d DCA 2006).
City's data identifying persons and businesses cited for security alarm ordinance violations not available as matter of public record. Critical Intervention Services, Inc. v. City of Clearwater, 908 So.2d 1195 (Fla. 2d DCA 2005).
Police event security plan not "public record" under Fla.Stat. sec. 119 even after event is over. Timoney v. City of Miami Civilian Investigative Panel, 917 So.2d 885 (Fla. 3d DCA 2005).
Statements made in city commission meeting that arguably were relevant to former employee's suit against city were not improper ex parte communications under Fla.Stat. sec. 286.0115 The City of Hollywood v. Hakanson, 866 So.2d 106 (Fla. 4th DCA 2004).
ersonal email messages not considered public records by virtue of placement on government-owned computer system. State v. City of Clearwater, 863 So.2d 149 (Fla. 2003).
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History of Diamond
Journey of a Diamond
Facts About Diamonds
Most Famous Diamonds
Intro to Gemstones
Types of Gemstone
Gemstone Buying Tips
Gemstone Glossary
Precious Metal Guide
History of Metal
Metal Buying Tips
Metal Glossary
Settings & Finishing
Intro to Settings
Setting Methods
Finishing Methods
Jewelry Web Links
Jewelry Associations
Gemological Labs
Jewelry Museums
Jewelry Publications
Education - Diamond Guide
Diamond Guide - Most Famous Diamonds
Diamonds are always appreciated for their beauty and rarity and considered as a symbol of wealth and power. The largest and most rare stones have been noted throughout history. Below is detailed information of some of the World’s Most Famous Diamonds of all time…
The Cullinan The Cullinan I / Great Star of Africa The Cullinan II The Centenary Diamond
The Orloff The Regent Koh-i-Noor (Mountain of Light) The Great Chrysanthemum
The Idol's Eye The Taylor-Burton The Sancy The Blue Hope
The Tiffany Hortensia
1. The Cullinan
Carat Weight: 3106 carats before Cut
Source: Found in 1905, Transvaal, South Africa
This was the largest diamond crystal ever found with a weight of 3,106 carats in the rough or over 1 ¼ pounds. The Cullinan gets its name from Sir Thomas Cullinan who was chairman of the mining company that discovered it. It was found in 1905. Frederick Wells, manager of the Premier Mine in South Africa, received $10,000 from the company as a gift for this discovery. It was purchased by the Transvaal Government and presented to King Edward VII of England.
The Cullinan was cut into 9 major stones and 96 smaller stones. After the cutting of the Cullinan, following nine major stones were obtained:
Cullinan I (pear, 530.20 carats)
Cullinan II (cushion, 317.40 carats)
Cullinan III (pear, 94.40 carats)
Cullinan IV(square cushion, 63.60 carats)
Cullinan V (heart, 18.50 carats)
Cullinan VI (marquise, 11.50 carats)
Cullinan VII (marquise, 8.80 carats)
Cullinan VIII (rectangular cushion, 6.80 carats)
Cullinan IX (pear, 4.39 carats)
The Cullian was cut by Joseph Asscher and Company of Amsterdam, who examined the enormous crystal for around six months before determining how to divide it. Though, the goal was to split the diamond into only five crystals, it ended up being broke into nine crystals. When the Cullian was first discovered, certain signs suggested that it may have been part of a much larger crystal. But no discovery of the "missing half" has ever been authenticated.
The Cullinan I / Great Star of Africa
Carat Weight: 530.20 carats
Cut: Pear Shaped with 74 Facets
Source: Cut from The Cullinan
The Cullinan I or Great Star of Africa diamond is the largest cut diamond in the world. It is set in the Imperial Scepter and is on permanent display in the Tower of London.
The Cullinan II
Cut: Cushion Shaped
The Cullinan II diamond is the second largest cut diamond in the world. Cullinan II is also become part of the Crown Jewels of England. The royal jewelers of King Edward VII, even went so far as to redesign the setting of the scepter in order to accommodate it. Cullinan II, humbly measuring 1.7 x 1.6 inches. It is in the British Imperial State Crown, it was handsomely set in the brow of the British Imperial State Crown.
2. The Centenary Diamond
Clarity: Flawless
Source: Found in July 1986, South Africa
The Centenary Diamond was discovered at the Premier Mine, in July 1986. This diamond weighed 599.10 carats in the rough. Master-cutter Gabi Tolkowsky and his small team took almost three years to complete its transformation into the world's third largest with carat weight of 273.85 carat, top-color, flawless diamond. The Centenary Diamond possesses 247 facets - 164 on the stone and 83 on its girdle. The 'Centenary' diamond was unveiled, appropriately at the Tower of London in May, 1991.
3. The Orloff
Color: Slightly Bluish Green
Clarity: Exceptionally Pure
Cut: Mogul-Cut Rose
Source: India
The Orloff is thought to have weighed about 300 carats when it was found. There are so many historical episodes involved with this diamond. As per first tale, the Orloff was set as the eye of Vishnu's idol (one of the Hindu Gods) in the innermost sanctuary temple in Sriangam and was stolen in the year 1700 by a French deserter disguised as a Hindu. However, the deserter just dug one eye from its socket, because he was terror-stricken at the thought of retribution, so he couldn't take the other. He went to Madras, and sold the stone quickly to an English sea-captain for 2,000 pounds.
After many years, the stone arrived at Amsterdam where the Russian count Grigori Orloff, an ex-lover of Empress Catherine the Great was residing. He heard about rumors of the stone, and he bought the diamond for 90,000 pounds and took it back to Russia for Catherine's favor. The stone has been called the Orloff since then. Catherine received his gift and had it mounted in the Imperial Scepter. She gave a marble palace to Grigori Orloff in exchange for the Orloff diamond. However, Grigori couldn't get Catherine's love. Grigori Orloff passed away at the nadir of disappointment in 1783.
In 1812 the Russians, fearing that Napoleon with his Grand Army was about to enter Moscow, hid the Orloff in a priest's tomb. Napoleon supposedly discovered the Orloff's location and went to claim it. However, as a solider of the Army was about to touch the Orloff, a priest's ghost appeared and pronounced a terrible curse upon the Army. Napoleon scampered away without the Orloff.
4. The Regent
Cut: Cushion Shaped Brilliant
A truly historic diamond discovered in 1701 by an Indian slave near Golconda. It once weighed 410 carats in the rough. It was one of the largest diamonds found in India.
Once owned by William Pitt, the English Prime Minister and after that it was called "The Pitt". It was sent to England where it was cut into a cushion shaped brilliant of 140.50 carats. Of all the larger diamonds known throughout the world the Regent Diamond is considered the finest and most beautiful diamond in the world.
In 1717, the diamond was sold $500,000 to the Duke of Orleans, Regent of France when Louis XV was a boy. It was then renamed "The Regent" and set in the crown Louis XV wore at his coronation. Louis XVI and Marie Antoinette wore the diamond separately. He wore it on his crown and she wore it on her hat. After the French revolution, it was owned by Napoleon Bonaparte who set it in the hilt of his sword. When he went to exile, Marie Louis, his second wife, gave it to her father. Her father was the Emperor of Austria, he returned it to French Crown Jewels.
When the Germans invaded Paris in 1940 the diamond was sent out of the country, when the war ended it was returned. During World War II, the Regent was hidden from Hitler's armies behind a stone fireplace in the Chateau Chambord. It is now on display in the Louvre, Paris.
5. Koh-i-Noor (Mountain of Light)
Cut: Oval Shaped Brilliant
The name of this diamond means "Mountain of Light" and its history is the longest of all famous diamonds. Firstly, in 1304, this diamond was found in possession of the Raja of Malwa, later, it was captured by Mogul Sultan Babar. This was a time when possession of such a stone symbolized the power of an empire. It is said that this diamond has been set in the famous Peacock Throne made for Shah Jehan.
Kooh-i-Noor was one of the precious jewels of the Emperor Mohammed Shah. In 1739, Nadir Shah of Persia successfully invaded Delhi. His systematic pillage of the city failed to uncover the huge stone, but then he was told by one of the harem women that the conquered Emperor Mohammed Shah had hidden it inside his turban. At the victory celebration party, Nadir Shah invited his captive to a feast and suggested they exchange turbans, the emperor partake in a well known oriental custom whereby the two leaders would exchange turbans. Retiring from the feast, he unrolled the turban and released the great gem. Seeing it he exclaimed "Koh-i-Noor", meaning "Mount of Light".
Then, Nadir Shah brought the gem back and took it back to Persia, but he was assassinated in 1747 and the diamond was fought over by his successors. It was in the jewel chamber of Lahore, capital of Punjab, but when that state was annexed to British India in 1849, the East India Company took it as a partial indemnity for the Sikh Wars.
The Koh-i-Noor was presented to Queen Victoria in 1850 to mark the 250th anniversary of the founding of the East India Company. When the large stone was displayed at the Crystal Palace Exposition, people were disappointed that the diamond did not show more fire. So, Queen Victoria decided to have recut to enhance its brilliance and fire, which reduced the 190 carats diamond to its present size. In 1911 a new crown was made for the coronation of Queen Mary with the Koh-i-Noor as the center stone. In 1937, it was transferred to the crown of Queen Elizabeth (now Queen Mother) for her coronation. It is now on display with the British Crown Jewels in the Tower of London.
The Koh-i-Noor is said to have come to earth as a gift of God to India as reward for faith in God.
6. The Great Chrysanthemum
Source: Supposedly, South Africa
The Great Chrysanthemum supposedly found in South Africa in 1963, and it weighed 192.28 carats.
This pear-shaped diamond was cut by Julius Cohen, a New York City dealer, bought the rough stone and cut to reveal the diamond's rich golden-brown, chrysanthemum-like color.
In 1971, the diamond was exhibited at the Kimberly Centenary Exhibition in South Africa. The diamond was also shown in the Diamonds-International Academy Collection at the Diamond Pavilion in Johannesburg in 1965. Recently, Julius Cohen sold "the Great Chrysanthemum" to an undisclosed foreign buyer.
7. The Idol's Eye
Carat Weight: 70.20 carats
This is another famous diamond that was once set in the eye of an idol before it was stolen. This flattened pear-shaped diamond weighs 70.20 carats. As per a legend, it was given as ransom for Princess Rasheetah by the Sheik of Kashmir to the Sultan of Turkey who had abducted her.
8. The Taylor-Burton
Color: F-G
Clarity: IF
Cut: Pear Shape
Source: Premier Mine, Transvaal, South Africa
This stone was found in 1966 in South Africa. The rough stone, that weighed 240.80 carats, was cut into a 69.42 carats pear shape diamond.
This diamond was sold at auction in 1969 with the understanding that it could be named by the buyer. Cartier of New York successfully bid for it and immediately named it "Cartier." However, the next day Richard Burton bought the stone as a gift for Elizabeth Taylor for an undisclosed sum, renaming it the "Taylor-Burton." After Burton's death in 1979, Elizabeth Taylor sold the stone for charity and reportedly received $2.8 million. She donated this sum in memory of Richard Burton to a hospital in Botswana. It was last reported to be in Saudi Arabia.
9. The Sancy
Carat Weight: 55 carats
It was one of the first diamonds ever cut with symmetrical facets, having a history of over five hundred years. The stone is apparently of Indian origin. It was first owned by Charles the Bold, Duke of Burgundy, who lost it in a battle in 1477.
The stone is named "The Sancy" after a late owner, Seigneur de Sancy, a French Ambassador to Turkey, in the late 16th century. Sancy was not only a prominent figure in the French court, but also an eager collector of gems then.
He loaned this stone to the French king, Henry III, who wore it in the cap with which he concealed his baldness. Henry IV of France also borrowed the stone from Sancy. Later, Sancy was assigned the French Ambassador to England and he sold the Diamond in 1664 to James I, of England. In 1688, James II, last of the Stewart Kings of England, fled with it to Paris. It was stolen during the French Revolution in 1792.
The Sancy disappeared until 1828, when it resurfaced in the hands of Russian Prince Demidoff. His family owned it until 1865, and then sold it to a wealthy Indian, Sir Jamsetjee Jeejeebhoy, of Bombay. The next public appearance was at the Paris Exhibition of 1867. Lady Astor loaned the Sancy to the Louvre, as a centerpiece for its Ten Centuries of French Jewelry exhibition in 1962. However, after her death in 1964, the British government declares the stone a national treasure, but after that reportedly it has been sold to the French government.
10. The Blue Hope
Cut: Oval Brilliant
The Hope Diamond is the world's largest deep blue diamond in public view today. It is famous for its striking color and its fascinating history of bringing bad luck to its owners. This attractive stone is also having a history of stolen and recovered, sold and resold, cut and recut.
The legend of the Hope Diamond began in 1642, when it weighed about 112 carats. A French diamond merchant named Jean Tavernier found the diamond in India and sold it to King Louis XIV in 1668 who had it cut to 67.50 carats from 112 carats to bring out its brilliance. However, Tavernier was killed by wild dogs during a business trip to India.
The dark blue diamond was called "the Royal French Blue" or "Blue Diamond of the Crown". In 1774 Louis XVI and Marie Antoinette inherited the French Blue and wore it, as it was popularly known. The diamond was stolen during the French Revolution.
After that the Heart Cut Blue Diamond was believed to be sold in Spain where it was cut into three smaller stones. The Goya portrait of Queen Marie Louisa painted in 1799 shows her wearing a deep blue diamond cut into 44.5 carats of rounded oval. It is said that the stolen Royal French Blue was recut to its present size by Wilhelm Fals, a young Dutch diamond cutter. Fals died in grief after his son, Hendrick stole the gem from him. Hendrick, in turn, committed suicide.
In 1830, a wealthy banker Henry Phillip Hope bought this diamond for $90,000 and after that the diamond took on its now still existing name "the Hope Diamond". It stayed in the Hope family until the turn of the century and the legend of its sinister influence began again. The original Henry Hope died without marrying, leaving the stone to his nephew. The stone was then passed on to a grandson who changed his surname to Hope to inherit it. Unfortunately bad luck plagued him, and his wife ran off with another man. The last of the Hopes went bankrupt and the stone was sold to a jeweler. It changed hands frequently in the next few years. A Folies star who wore it, was killed by a jealous lover. A Greek broker who bought it fell off a cliff with his wife and children. The Turkish Sultan, Selim Habib, was deposed in the 1908 revolution. The seller, Simon Montharides, died in a car crash.
After that it was put up for auction in Paris in 1909 but no one bought it. Shortly after that, C. H. Rouseau purchased it only to resell it the same year to Cartier, the French jeweler. Somehow, the Hope Diamond found its way back to France in 1910. After that Mrs. McLean wife of Mr. Edward B. McLean and daughter-in-law of millionaire publisher John R. McLean bought this diamond for $154,000 from Cartier. In next few years her son, Vinson was killed in a car accident and her daughter died of an overdose of sleeping pills, Mr. McLean became mentally unbalanced, and died in a mental hospital. But in spite of all these malefic effects, she wore it constantly till her death in 1947. After Mrs. McLean death, the Hope Diamond was bought by Harry Winston along with other jewels in her estate for more than $1,000,000.
Harry Winston first displayed the Hope Diamond in his Fifth Avenue salon in New York. After putting it on display at various charity shows, he sent it by registered mail in a plain brown wrap, to the Smithsonian Institution in 1958. The stamps cost him $145.00, $2.44 postage and the rest for insurance of $1,000,000. It is now on display at the Smithsonian Institute in Washington.
11. The Tiffany
Carat Weight: 128.51
carats Color: Fancy Yellow
Clarity: flawless Cut: Cushion Shape with 90 Facets
Source: Kimberly Mine, South Africa
The Tiffany, the best of ever found yellow diamonds was found in 1878 from the famous Kimberley Mine in South Africa. The Tiffany diamond weighs 128.51 carats. It was cut from a piece of rough stone that weighed 287.42 carats. Charles Lewis Tiffany, the famous New York based Jeweler, bought it and cut it in Paris as a cushion-shaped brilliant with 90 facets.
12. Hortensia
This beautiful stone was named after Hortense de Beauharnais, Queen of Holland, who was Josephine's daughter and the stepdaughter of Napoleon Bonaparte. The Hortensia had been part of the French Crown Jewels since Louis XIV bought it. Along with the Regent, it is now on display at the Louvre, Paris.
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Eric Johnson at the Hard Rock Live Arena
Hard Rock Live Arena - Hollywood, FL, United States - January 10, 2007
by Greysi Leon
Through all the dulcet tones of night, the notes of Eric Johnson came through it all. His unique style called fans like few others could. Though his acclaim may be more felt within the halls of the guitar aficionado, his ability to bring forth both the subtle and passionate from the strings of his vintage Fender is a testament to his well deserved praise from fellow guitarists.
Born in Austin in the mid 50's, Johnson's first jump into music was but a mere decade and a half later with his first band, called Mariani , and the release of a record that was a time capsule of the time. His influences of technical guitar and blues were already creeping into his developing style.
By the mid 70's he was lending his talents to the Electromagnets. Though the band was short lived, his bluesy style continued to mature. And by the late 70's he set out on his own with Seven Worlds , an album that was cut but not released for 20 years due to a laundry list of behind the scenes wrangling that held back the release . During this period, he continued to play as a session guitarist and toured the local scene, building his name and reputation. Finally in 1986, he released Tones; a highly acclaimed album that though was a critical success, didn't pan out in album sales. This was to be a recurring theme in Johnson's career. He is a musical genius, who is lauded by his peers, but largely unknown beyond the inner circle of fans.
This however changed with the release of Ah Via Musicom in 1990. It became an instant must own album, with the Grammy winning Cliffs of Dover , and the much loved Desert Rose.
The lights dimmed and the crowd quickly settled and turned their attention to the stage as Eric Johnson opened up.
The line up of songs for the night was a great compilation of his music featuring songs like Back Pages , originally written by Bob Dylan, and Cruise the Nile , a great electronic introduction to strings and overall a great song that was something different from his known instrumentals. Originally in his CD release, the intro vocals where done by Shawn Colvin. Johnson took the vocals in this venue.
Though I expected to hear many of the new songs from his most recent CD release of 2005, "Bloom," he still played such songs like Desert Rose as he introduced the song as "his signature."
Some songs, where he does the vocals, I could not make out the words. Though that may be a style preference, it bothered me. I had to work overtime to catch the lyrics. I have to say his humming melody agrees with his strings but my ear was looking forward to actual words being heard.
As I took a moment to look around the audience I began to notice there was more then a few young faces amongst them. This was not just a casual few as I kept glancing back as the song played on. The younger following may be to the fact that he has a very loyal trans-generational fan base. There is no surprise, as his music is something treated almost as an heirloom would; passed down to the next generation.
His performance was of a humble man and his guitar captivating the audience one note at a time. And even more captivating was the reaction from the crowd as he played one great song after another. Throughout his set, the majority of the audience knew the songs from the moment the first tunes of its melody resounded. It was really amazing to watch.
He is one of the best guitar players in the 20 th century, there is no doubt he has an incredible talent.
The next morning I bought his "Bloom" CD online. I'm going to give it to my father in-law who is always telling me how today's a musician makes noise not music. Maybe then he can see there are still musicians who make great music with their guitar and not just noise as he puts it.
Jonny Lang at MySpace
G3 Tour
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No smoking here
It’s a new year. And starting today, the Tobacco Control Act comes into effect. So if you cultivate or harvest, manufacture, supply or distribute tobacco and tobacco products, you’ll be jailed for at least three years and up to five years.
If you possess tobacco, and if you can’t prove that you’ve imported it for your own consumption, you’ll be jailed for at least one year and up to three years, but only if you reveal from where you got your tobacco. If you don’t reveal your source, you’ll receive an additional sentence, jailing you for least three more years and up to five more years.
It’s a new year. And I have a new year’s wish: that the first person to be caught and jailed under the Tobacco Control Act is a member of parliament.
That would only be fair, since we, MPs, were the ones who passed this draconian law.
Filed Under: Legislature Tagged With: tobacco
December 8, 2010 by Tshering Tobgay 22 Comments
The National Assembly has endorsed the government’s proposal to increase the salaries of public servants. Here’s the good news:
Civil Servants will get a 20% raise over their pre-2009 salaries. Pre-2009 is used as a base as that was when salaries were last increased (by 35%), taking the total increase to 55%. Civil service salaries will now range from Nu 7,067 (for GSC II staff) to Nu 52,654 a month (for EX-1/ES-1 level).
Secretaries to Government will draw Nu 55,490 a month. And the Cabinet Secretary will get Nu 63,000. That makes the Cabinet Secretary Bhutan’s top civil servant.
The pay scale for holders of constitutional offices, including members of the Judiciary, have not changed as they were fixed recently.
Members of local government will also receive a 20% increase over their pre-2009 levels, taking the salary for gups to Nu 14,355. The salary for thrompons has been fixed at par with EX-2 level (Nu 44,175). In addition, thrompons will get a house rent allowance of 20%.
The salary for Members of Parliament has been increased from Nu 36,000 to Nu 55,490. The Deputy Chairperson (of the National Council) and the Deputy Speaker (of the National Assembly) will draw Nu 63,000.
All that is good news.
But there’s more good news: the prime minister, chief justice, speaker, chairperson, cabinet ministers, and opposition leader have not taken salary increases. Their salaries will remain unchanged at Nu 78,000 per month.
The proposal to increase salaries will be discussed by the National Council today. They should endorse it, in which case the increases will come into effect on 1st January 2011.
Filed Under: Government, Legislature Tagged With: civil servants, salary hike
Totally redundant
December 7, 2010 by Tshering Tobgay 6 Comments
Yesterday, the National Assembly passed the Sales Tax, Customs and Excise (Amendment) Bill, and the Public Finance (Amendment) Bill. The two of us in the opposition party had argued that the bills would violate the Constitution, and, in the end, only the two of us voted against the bills.
The two amendments could allow the government to impose and raise taxes without having to seek the Parliament’s approval.
The bills will now be forwarded to the National Council, who will discuss them in the next session. If they pass the bills, the amendments will come into effect. If not, the bills will be submitted to a joint sitting of the Parliament.
Now here’s the strange part: the government’s legislative maneuvering is totally redundant.
Why? Because the Supreme Court will soon consider the first constitutional case, and rule whether or not the Constitution permits the government to impose taxes without fist passing it through the Parliament.
If the Supreme Court rules that the Constitution does, indeed, empower the government to impose and revise taxes without the Parliament’s approval, it would have been unnecessary to amend the existing laws in such a hurry.
But if the Supreme Court rules that, according to the Constitution, the government must seek Parliament’s approval before imposing and revising taxes, the amendments that the National Assembly passed yesterday would automatically become null and void.
The Supreme Court is the guardian of the Constitution and the final authority on its interpretation. We should have let them do their job, instead of jumping the gun, and becoming redundant.
Filed Under: Legislature Tagged With: bills, judiciary, Supreme Court, taxes
Monitoring drayangs
Rigsar
The public of Paro informed the National Assembly that drayangs and discotheques cause societal problems and upset the social harmony. So they suggested that strict licensing and operating rules should be developed in order to reduce the numbers of such entertainment centres.
When discussing this matter yesterday, MPs, focusing mainly on drayangs, complained that these businesses lured young women from the villages, underpaid them and subject them to sexual harassment. So a couple of MPs pushed for an outright ban on drayangs.
But, thankfully, the majority favoured developing clearer policies and regulations, and leaving licensing and enforcement to local governments.
Some of us may not approve of drayangs. But we must remember that they are legal businesses. And remember that Article 7 Section 10 of the Constitution bestows the following fundamental right:
A Bhutanese citizen shall have the right to practice any lawful trade, profession or vocation.
Incidentally, if drayangs really bother us, we should take note that cable TV operators, throughout the country, show almost nothing else on their respective channels but young students, especially girls, dancing on stage. These students are actually just participating in their school concerts. But recordings of their dance routines are broadcast almost continuously by cable TV operators.
The question is: Why?
And, more importantly, why do school concerts, throughout our country, feature so much rigsar dancing?
Photo credit: BBS
Filed Under: Legislature Tagged With: drayang, schools, work
Funding parties
November 25, 2010 by Tshering Tobgay 21 Comments
The ruling party today submitted a motion to amend the Election Act 2008. The motion sailed through the National Assembly, with only two members – both from the opposition party – objecting to it.
The proposed amendment seeks to include a new provision in the Election Act that would permit state funding for political parties.
According to Section 158 of the Election Act:
The income of political parties shall be made up of:
(a) Registration fee;
(b) Membership fees; and
(c) Voluntary Contributions from registered members.
Section 158 was debated extensively during the first session of the Parliament when the Election Act was passed. At that time, the Parliament had resolved that including state funding for political parties would contravene Article 15 Section 4(d) of the Constitution by which:
A political party shall be registered by the Election Commission on its satisfying the qualifications and requirements set out hereinafter, that: … (d) It does not accept money or any assistance other than those contributions made by its registered members, and the amount or value shall be fixed by the Election Commission.
But now the ruling party proposes to insert a new subsection under Section 158 that would allow political parties to receive state funding. According to the new subsection, income of the political parties would include:
(d) Funding from the State to the Ruling Party and the Opposition Party
Another new section proposes to allow the government to decide the amount of funding political parties would receive:
The Ruling Party and the Opposition Party shall receive funding from the State to maintain their party machineries and the amount shall be determined by the Government in consultation with the Election Commission of Bhutan.
State funding for political parties was discussed thoroughly during the first session of the Parliament. And it was deemed unconstitutional. The National Council had ruled that state funding for political parties is unconstitutional. The National Assembly had accepted that state funding is possible only if the Constitution is amended.
The Chief Election Commissioner had categorically stated that:
State support to political parties would contravene Section 4 (d) of Article 15 of the Constitution.
And the Chief Justice of Bhutan had warned that:
State funding of political parties negates the very objective of democratic principles, and therefore the National Assembly resolution will have to be adjudicated to determine its constitutionality.
According to the proposed amendment, only the ruling and opposition parties would be provided state funding. If we allow that, it would become very difficult for new political parties to challenge the existing two parties.
And according to the proposed amendment, the government would hold the authority to determine how much funding to provide. If we allow that, it would become virtually impossible for new political parties to challenge the existing two parties.
But I oppose state funding for political parties, mainly because it would violate the Constitution, both in letter and in spirit.
Yes, our party, the PDP, is in deep financial trouble. And yes, because of that, we may not qualify for the 2013 general elections. But that’s no excuse to disregard the Constitution.
I knew I smelt danger.
Filed Under: Legislature, Political parties Tagged With: Election Act, Sixth session, State Funding
Relief for relief fund?
November 23, 2010 by Tshering Tobgay 4 Comments
During Question Hour today, I requested the Hon’ble Home Minister to report on the status of the Relief Fund. In particular, I asked him if he, as the minister in charge of disaster management, would propose legislation to establish the Relief Fund.
According to Article 14 Section 12 of the Constitution:
Parliament shall establish a relief fund and the Druk Gyalpo shall have the prerogative to use this fund for urgent and unforeseen humanitarian relief.
Bhutan’s first Parliament has already met five times. And the sixth session is currently on. Yet, and in spite of the opposition party’s repeated appeals, the Parliament has not established the Relief Fund. In fact, the Parliament has done no work to establish the Relief Fund. So the first elected Parliament risks defaulting on this important responsibility.
On the other hand, a spate of natural disasters – floods, earthquakes, storms and fires – have struck various parts of the country during the last two years, and have caused unprecedented hardship to countless people. In almost every case, His Majesty the King has personally provided immediate relief, and overseen the rehabilitation and recovery process. And, during the opening of the Parliament’s sixth session, His Majesty spoke of His pledge to victims of the Chamkhar fire that:
… even though our nation may be a small, landlocked country without the great wealth of others, in their moment of great suffering, the King and government would do everything to find the resources needed to alleviate their pain and restore happiness to their lives.
Obviously, there’s a real need to establish the Relief Fund urgently.
So I was happy to hear the home minister report that his ministry and the Ministry of Finance have jointly drafted a proposal to establish a relief fund, and that the proposal would soon be discussed in the Cabinet.
And I was even more happy to hear the Hon’ble Speaker decide that the home minister will submit a motion in the National Assembly to introduce the proposal to establish the Relief Fund.
Filed Under: Legislature, Monarchy Tagged With: HM, NA, Question Hour, Relief fund, Sixth session
Question Hour questions
Responding to the agenda for the National Assembly’s sixth session, one reader, “sonam_t”, asked if there were any plans to discuss a “Right to Information Act”. “Truth”, another reader, asked if when Parliament would “… introduce Landlord Tenant act, which actually protects tenants.”
Both the comments are important. And, since both of them will not be discussed during the sixth session, I might raise them during Question Hour.
The Question Hour, which takes place every Tuesday and Friday, is an important mechanism in the National Assembly by which members can question every aspect of government administration and policy.
So if you have issues that you’d like to see raised during question hour, please post them here. Or, if you prefer, you can email them to me directly.
Filed Under: Legislature Tagged With: NA, Question Hour
Anticorruption (Amendment) Bill
November 12, 2010 by Tshering Tobgay Leave a Comment
One of the most important legislations that the National Assembly will debate during the sixth session is the Anticorruption (Amendment) Bill 2010.
The National Council had resolved to amend the Anticorruption Act 2006 during its third session. And based on that, the Council’s Good Governance Committee and ACC officials carried out a review of the Act. The Act was revised to clarify and rationalize some of its provisions with other laws including the Penal Code of Bhutan and the Civil and Criminal Procedure Code of Bhutan. It was also revised to ensure compliance with the United Nations Convention Against Corruption guidelines.
The Anticorruption (Amendment) Bill 2010 was passed by the National Council during the fifth session. The Bill is not limited to amending certain provisions of the ACC Act. Instead, it seeks to completely overhaul the ACC Act.
You’ll find the Anticorruption Act 2006 here. And the Anticorruption (Amendment) Bill 2010 here.
Please post or email me your comments.
Filed Under: Legislature Tagged With: 6th Session, ACC
Sixth session
The 6th session of the Parliament is scheduled to begin on the 19th of November. During this session, which will go on till the 10th of December, the National Assembly will consider the following bills:
Child Care and Protection Bill
Penal Code (Amendment) Bill
Civil and Criminal Procedure (Amendment) Bill
Sales Tax, Customs and Excise (Amendment) Bill
Public Finance (Amendment) Bill
Land Act (Amendment) Bill
Election (Amendment) Bill
The government will submit reports on actions taken on the following resolutions of the National Assembly:
Zhaptog lemi
Constituency development grant
National minimum wage rage
The Assembly will ratify the SAARC Agreement on Trade in Services.
The Women and Children Committee of the National Assembly will submit their report.
And the National Assembly will consider a petition from the public of Paro to formulate stringent rules for drayangs and discotheques, and to review their licensing procedures.
I would like to encourage discussions on this blog on as many of these agenda items as possible. But the discussion papers for the 6th Session are yet to be distributed. So I do not know what will be discussed on most of these issues.
I’ll post information on these agenda items as and when they become available. In the meantime, please share your overall views on the items that will be discussed during the 6th Session.
Filed Under: Legislature Tagged With: 6th Session, NA, parliament
Fundamentally right
October 31, 2010 by Tshering Tobgay 4 Comments
Several readers didn’t agree with my suggestion that the government should pay more money for the land that they are acquiring behind the Tashichhodzong.
“Dorji Drolo” favours increasing the land rates only for the original inhabitants of Hejo, but fiercely opposes increases for the others, most of who would have purchased the land at much lower prices. “Dorji Drolo” also agrued that, since the land was “… earmarked for green area some 20 years back” the compensation rates were sufficient.
I agree with “Dorji Drolo” that the original inhabitants should be paid more, much more, for their land. Many of them have already contributed most of their land to the government. And some of them could now lose whatever little they still own. 26 of the landowners are original inhabitants. They should be paid more for their land.
But what about the rest? There are 36 of them. There’s no doubt that they would have purchased their land relatively recently and at much lower rates. And there’s no doubt that some of them would profit substantially. However, there’s also no doubt that some of them, especially civil servants, would have had to service loans for many years in addition to spending their entire savings to purchase the land. So they – yes, all of them – should also be paid more for their land.
Most of us do not own land in Hejo. I certainly don’t. So why should we worry if the landowners are not compensated sufficiently? Why should we get worked up? We should, because the issue is not just about land prices. It’s much more important. It’s about our fundamental rights!
As citizens of this country, we are guaranteed certain fundamental rights. These rights are enshrined in Article 7 of the Constitution. It is our collective duty and in our common interest to recognize and understand our fundamental rights. And, to fight for them.
Article 7 Section 14 of the Constitution, which sets down our fundamental right when the government acquires our property, guarantees that:
A person shall not be deprived of property by acquisition or requisition, except for public purpose and on payment of fair compensation in accordance with the provisions of the law.
To this, one commentator, “Lamakheno” asks:
BUT What is a “fair compensation?” For some, even the market rate may not be considered fair.
“…the provisions of the law” that Article 7 Section 14 of the Constitution refers to would include the Land Act, Section 151, according to which:
The valuation of the land and property shall consider the total registered area, registered land category, its current use, location in relation to accessibility to vehicular road, immovable property, local market value, and other elements such as scenic beauty, cultural and historical factors, where applicable.
If these conditions were applied faithfully, landowners in Hejo would be entitled to much more than the Nu 180.38/sft as “fair compensation” for their lands.
But the entire stretch of land that the government is acquiring was, as “Dorji Drolo” points out, “…earmarked for green area some 20 years back.” Correct. Except that the government did not acquire the land at that time. Nor did the government pass any law creating a new category of land called “green area”. And to make matters worse, the government has already compromised its construction ban on the so-called green area zone by permitting the construction of the Supreme Court in a green area.
“Lamakheno” also asks if:
… land acquired in the late 90s for constructing the sewerage tanks at babesa and the expressway construction should have been paid the same rate as the commercial price existing than in the same area?
And advises me not to:
… focus on the land behind Tashichhodzong alone but look at the national picture. Throughout the country, government has been, is and will be acquiring land for constructing schools, hospitals, roads, training centres, airports, offices, etc.
Yes, many people, throughout our country, have lost their land to the government for a wide range of purposes. The question is: did the government break any of the laws in effect when it acquired the land to build the sewerage tanks, the expressway, and the other infrastructure that “Lamakheno” talks about?
My answer: most probably not! The Land Act came into effect in 2007. And the Constitution came into effect in 2008. So unless the provision of some other law was broken, it would be difficult to argue that the compensation rates for these landowners would also have to be reviewed.
The Hejo landowners, however, have a convincing case. They have the Land Act to back them up. They have the Constitution. And they have fundamental rights.
On our part, we must, as “Sonam_t” notes, ensure that the government “protects our fundamental rights!”
Filed Under: Government, Legislature Tagged With: constitution, fundamental rights, Hejo land, Land Act
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Avoiding Diabetes
Category: Newsletter Library, Illness Prevention
The worldwide type 2 diabetes epidemic has been thoroughly documented.1,2 Yet despite extensive study and analysis, there has been little actual progress in slowing the spread of this chronic disease. Numerous medications such as metformin and glyburide are available to help counter the severe problems
Could your lifestyle be making you sick?
What is your lifestyle? Not whether you are married or where you live, but rather, how are you choosing to live your life? What choices are you making to keep yourself and your family healthy and well? It is startling to learn that some of the most prevalent causes of illness, disease, and death - including
Diabetes and Obesity
Like Scylla and Charybdis, the twin sea monsters of Greek mythology, diabetes and obesity are the twin medical monsters confronting America's children. Diabetes and obesity have even been featured as the story line in a recent episode of Law & Order, a show well-known for focusing on issues that matter.
Fate Or Choice
We all know some people who get sick all the time. They're just getting over one thing when here comes the next round of illness. We also know people who just seem to be full of energy. Those people never get sick or so it seems. What are the key differences between these North and South Poles of health?
Health Care Breakthroughs - Hope or Hype?
Health care breakthroughs are big business. We know this because such news is reported in the Business Section of newspapers and magazines. Discussions relate primarily to the potential impact on the company's share price and revenues. Possible benefits to patients are a secondary concern compared to
Let the Flu Go Around You
Since mid-Fall TV commercials have been trumpeting the horrors of the "flu season". "It's never too soon to begin fighting this year's bug" they blare. Public health announcements urge us to get our "yearly flu shot", as if this is something we've got permanently scheduled in our Blackberries. All the
Lowering the Risk Factors of Obesity, Diabetes, and Heart Disease
We're in the middle of several deadly epidemics in the United States. Obesity, diabetes, and heart disease are affecting more and more people every year. Recent statistics show that two-thirds of Americans are overweight or obese. Thirty percent of American children are obese. Approximately 21 million
Managing Your Symptoms
Most of us are procrastinators. We let things go until the last minute. Papers, magazines, and books pile up on the desk until the process of finding what we're looking for resembles an archeological dig. Our garages look like our desks. Stuff fills the garage just like stuff covers the desk. Eventually,
Is it possible that ups and downs with respect to our health and well-being are yet another reflection of the ebb and flow of all things? Aren't ups and downs part of the natural process of life? If ups and downs are natural, should you really be concerned with the downs? Isn't disease merely the normal
The Bottom Line on the Bird Flu
It’s hard to turn on the television or listen to the radio without hearing about the dangers of an impending pandemic of the Avian Flu (often called the ‘bird flu’). Day after day, the media interview expert after expert who claim that the bird flu is going to cause massive
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FHSAA Announces Schedule For 2016 Florida High School Football State Championships
GAINESVILLE, FL (10/24/16) – The Florida High School Athletic Association, the Central Florida Sports Commission, and the City of Orlando jointly announced the schedule and kickoff times for the 2016 Florida High School Football State Championships on Tuesday. Tickets for all eight games will go on sale at Ticketmaster.com and at the Amway Center Box Office.
The first 2016 title game at the 60,000-seat Camping World Stadium will take place Thursday, December 8th at 1 p.m. between the two Class 1A finalists, and will be followed by a 7 p.m. kickoff for Class 4A later that evening.
Friday, December 9th will see champions crowned in Class 2A (10 a.m.), 5A (3 p.m.) and 7A (8 p.m.).
The three-day football binge wraps up Saturday, December 10th with championship games in Class 3A (10 a.m.), 6A (3 p.m.) and 8A (8 p.m.).
Since 2007, Camping World Stadium has been the last stop on the Drive to December. Following the end of the current three-year contract, the stadium will have hosted the state championships more years than any venue in FHSAA history (12).
For more information about the FHSAA, follow them on Facebook, Twitter, Instagram and Snapchat by searching for “FHSAA.”
2016 Florida High School State Championships Schedule:
1 p.m. – Class 1A
10 a.m. – Class 2A
ABOUT THE FHSAA
The Florida High School Athletic Association supervises and regulates interscholastic athletic programs for high school students at member public, private and charter schools. The organization also recognizes and honors academic achievement among student-athletes at almost 800 middle, junior and senior high schools statewide. Headquartered in Gainesville, it is the official governing body for interscholastic athletics in Florida. For more information on the FHSAA and the Drive to December, follow the organization on Twitter, Facebook, Instagram and Snapchat by searching for “FHSAA.”
ABOUT THE CENTRAL FLORIDA SPORTS COMMISSION
The Central Florida Sports Commission pursues marquee and amateur sports events for Central Florida that drive visitors to our region. The Sports Commission represents the City of Orlando as well as Lake, Orange, Osceola and Seminole counties. In 2015, the Sports Commission’s event calendar featured 77 events that drove more than 234,000 visitors, 196,000 room nights and $131 million in economic impact to the Central Florida region. Anchored by marquee events The American Athletic Conference Men’s Basketball Championship and the Copa America Centenario, the Central Florida Sports Commission is projecting to drive nearly 300,000 visitors and $135 million in economic impact in 2016.
ABOUT CAMPING WORLD STADIUM
Camping World Stadium is owned and operated by the City of Orlando. Since opening in 1936 as a Works Progress Administration project by President Franklin D. Roosevelt at a cost of $115,000 and a capacity of 8,900, the stadium has undergone numerous expansions and name changes over the years. The historic venue underwent a massive $207.7 million reconstruction in 2014 which yielded 90% all-new construction and a completely modernized stadium. The numerous enhancements and amenities include 41,000 lower bowl seats with chair backs, two 360-degree concourses, multiple giant video displays, a 20,000-square-foot plaza deck, a vibrant open-air exterior and unique indoor & outdoor club spaces to serve 5,000 patrons. These upgrades have bolstered Camping World Stadium’s ability to draw new high-profile events like neutral-site college football games, NFL pre-season match-ups and big-name concerts while retaining its signature annual bowl games and events. The City of Orlando and its partners at Florida Citrus Sports expect the recent reconstruction to generate a $300 million annual economic impact. For more information, visit CampingWorldStadium.com.
FHSAA High School Football State Championships moving to December 8-10, 2016
Drive to December to culminate at Camping World Stadium
2016 AP High School Football State Rankings – Week #8
Posted: Oct 25 2016
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APL Most Reliable Carrier in May
Singapore-based container line APL, part of Neptune Orient Lines, was the most reliable carrier with a global on-time performance of 85.5% in May, according to the latest Global Liner Performance Report by SeaIntel Maritime Analysis.
The report, which ranks the performance of the top 20 carriers, says that there was a global improvement in container lines’ schedule reliability from April to May 2015.
It noted that schedule reliability increased considerably in May to a global performance of 78.3% compared to 72.8% in the previous month.
”APL has been working hard to improve the reliability of our product. Our performance improvement is a gratifying result for APL’s dedicated team of onshore and seafaring professionals who work tirelessly each day to earn the trust of our customers,” said Nathaniel Seeds, Chief Operations Officer of APL.
Based on the figures published in June, APL’s schedule reliability in its key trade lanes have shown an improving trend over the first five months of the year.
For example, APL’s on-time performance in the head-haul Asia – North Europe trade recorded an improvement from 62% in January to 94% in May 2015. A similar trend is also visible in the head-haul Transatlantic Westbound trade as APL increased its service reliability from 55% in January to 64% in May.
Likewise, APL’s on-time performance in the head-haul Asia – US West Coast and Asia – US East Coast trades rose to 65% and 74% respectively in May. The results are 41% and 15% higher than its performance in the respective trades in January when port congestion, particularly in the US West Coast, impacted global schedule reliability.
Tags: APL, Singapore, container, reliable
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Tag Archive for Science Fiction
Those that came before
June 17, 2019 Uncategorized Comments Off on Those that came before
Science fiction is littered, quite literally, with the corpses of long-dead civilizations. Forerunners, precursors, elders, the generic-ness of the names suggests that we can’t ever know the reality of them. At the same time, we cannot resist the idea of a vastly advanced race that came before us. Adding the relics of a long-ago culture to your science fictional video game gives you the opportunity to add depth and mystery to your world without the expectation that it will be resolved… Ever.
One of the differences between games and literary science fiction is the active presence of the player. In games (much like film or television) every little thing costs. It costs time, sure, but you’ve also got your designer, concept artist, sound engineer, gameplay engineer, texture painter, environment designer all involved trying to bring a story to life. Game players learned a long time ago that anything in a game is there with deliberate purpose. This is one of the reasons easter-eggs are so precious. They are a deliberate action, a gift, if you will.
Image credit: comicvine.com
This “every polygon has a purpose” mindset means that, like toddlers at the Louvre, game players will poke, prod, shoot, roll over, kick, pray to, finger, collect and carry about in one’s inventory for months in the (possibly vain) hope that an object will reveal its secrets. If, as a game designer, you failed to make it clear to the player that the forerunners are just part of the backstory, they’re going to burn hours on tasks that do nothing to advance the gameplay experience (or, these days, just head to the internet to see about a walkthrough). As a gameplay concept, this can work well in a sandbox style game, but if it’s something more immediate and mission based (say a FPS), it’s going to be rage-inducing.
Image credit: R. Martone
In fact, where science-fiction videogames are concerned, I would go so far as to say that probably 80% have a forerunner civilization involved somewhere in the narrative. Sometimes you’re simply fighting your way through the ruins of their cities. Sometimes they have left behind a technology that is essential to finishing the game. Sometimes they are the reason given to all the incredible technological advances (like flying cars and full-body regenerations).
This gives us a loose “trope-y” framework on which to classify the presence of forerunner races in videogames. By and large, you’re going to see them pop up in one of three forms.
Set-dressing. Things like ruins with mysterious glowing lights or miles of dimly lit metal corridors. Sometimes even the ground itself is an artifact, like the ring-world in Halo: Combat Evolved (widely considered to be one of the best videogames of its era) and it’s sequels. Under the set-dressing heading, I would include elements like backstory, architecture and non-useable technology. Essentially, this focuses on elements that are used to deepen the world, but that are not essential or active participants in the playing of the game.
Excuses. Ray-guns the size of a BMW that you can yank out of your hip-pocket? Doomsday weapons that can wipe out all life on the planet? Flying cars (okay, maybe not that one) but any kind of handwave-y improbable technology is often attributed to the existence of a precursor race. The technology might be useful (even essential) but any hard sci-fi fan is going to peg it as a stretch. This kind of use is different from set-dressing in that it is often integral to the gameplay itself, The players need to interact with and.or use the technology rather than it serving solely as a worldbuilding element.
Game mechanics. These elements are *essential* to the way the game is played. Sometimes it is a technological tool that allows the player to complete the game, sometimes it is a literal change in the way you think about solving problems. Players may be asked to memorize musical notation or computer code, they may need to remember that the forerunner race had no single central brain and therefore headshots on the robots they left behind will never succeed. One way or another the game itself revolves around the player’s ability to understand and problem solve around a race that’s been gone for millennia.
Last time I talked briefly about the Anthem of Creation, a prime example forerunner technology and a core piece of that particular game. This week I want to take a look at Halo: Combat Evolved which showcases two out of the above three themes. The final theme: Game mechanics, I will cover in the next article in the series.
Now, let’s be clear, Halo is a first person shooter, or FPS. The general perception of these games is that they are light on story and heavy on the “pew-pew-pew”. While may have been accurate in the earliest days of the genre, at the AAA level everything has a story. How much of that story makes it into the game is up for grabs, but I guarantee you that somewhere in the design chain, somebody has a fully realized narrative that they are developing from. “But why bother writing the story if you’re just going to shoot everything anyway?” you may ask. The reason is simple enough. Games (almost every game, but there are always exceptions) are the product of multiple people. That means different experiences, different ideas and different styles. At the AAA level it can be tricky to streamline communication and production under a single visionary. So the story, the high-concept of the game is laid out. If a decision needs to be made on something small, or something that has to happen rapidly, it can be checked versus the story and the existing design to see if it will fit.
KEY CONCEPT: HALO RING (Dyson ring)
In the case of the first Halo game, we are delivered onto a larger-than-planet-sized Set Dressing referred to as the Halo ring. It is an artificial ring-shaped world built for an unknown purpose by a long vanished race. It is, essentially, variation on the Dyson sphere. A ring-shaped artificial habitat surrounding a power-source (like a star). But, in the case of Halo: Combat Evolved, we are not here to examine the structure. We’re not here to figure any of this sh*t out. We are a super-soldier in an exo-suit being guided by an AI that’s a h*ll of a lot smarter than we are. It is merely the closest place for us to crash a broken spaceship. And so we do, quite spectacularly.
Of course, since we are in the middle of a combat scenario, and the guys who punched a hole in our ship are coming to finish the job, it is up to the Master Chief (our player avatar) to clear a path to what’s left of the command section of the ship. Bring on the pew-pew-pew!
But about halfway through the game, the Halo ring (which is one of seven that form the Halo Array doomsday device) goes from being Set Dressing to an Excuse. The ring itself is a tool, much like the Anthem of Creation from last month’s article, and direct intervention with this tool is key to the winning of the game.
KEY CONCEPT: HALO RING (Doomsday Weapon)
As we power through the narrative via a now standard set of shooter game mechanics, more of the world gets revealed to us and we come in contact with the immortal maintainers of the Halo ring. These are not precursors or forerunners themselves, but rather they are stewards and as such form another piece of the overall gameplay puzzle. The ring is being overrun by a parasitic organism called The Flood. The stewards are responsible for keeping the infection under control. The arrival of the survivors of the crash and the enemies that are hunting them has provided a fresh new source of hosts for the Flood and, of course, the clock begins to count down. You (as the Master Chief) and your smarter half (Cortana, the AI) are engaged to help activate the Halo ring, which will eliminate the Flood and save the day.
So, through the discovery of these stewards and the reveal of the ring as more than just a big, dumb, object, the forerunner technology takes a step forward from Set Dressing to Excuse.
Why Excuse rather than Game Mechanic? Because you, as the player, still don’t get to work with any of this technology. It doesn’t require you change the way you think or the way you play. You don’t get bigger, fancier shields or bigger, better guns. You now have robot friends with improbable beam weapons and have been told of some kind of super weapon you can use to save the day, but you don’t really get to use much of anything the elder civilization left behind. As a gameplay element the precursors and their technology are still just a way to explain not only the structure of the ring world but the presence of the new bad guys (the Flood), the robot friends and their beam weapons and ultimately a doomsday weapon that only a human can fire.
KEY CONCEPT: HALO RING (Busted by humans)
In Halo: Combat Evolved, we never get to the point where the forerunner/precursor technology is a central to the gameplay mechanics themselves. In games that is a much more rarified event. Here are the technology serves as a threat, it serves as a location and only very occasionally serves as a tool. In fact the climactic moment of the game involves, not the use of the advanced race’s technology to win the day, but instead the oldest trick in the book. Blowing up the remains of your crashed ship. This cracks the ring world and defeats the forerunner/elder civilization technology without the player ever really engaging with it in a meaningful fashion.
THE WRAP UP
So while Halo: Combat Evolved does a reasonable job of using the science fiction concept of an elder civilization as an underpinning for the game, it never makes the final jump to having that experience being a more intimate part of the game experience. That is reserved for other AAA titles on the market. However, within the greater context of Halo’s climactic moment, this makes perfect sense. After all, it is by reverting to the technology that the main character (and through them the player) has at hand that the the day is saved. The story of Halo at the end of the day, is that humanity’s current state, their will to survive, trumps the rationale put forth by their ancient ancestors.
I Sold a STORY!
June 2, 2019 Uncategorized Comments Off on I Sold a STORY!
I am absolutely delighted to announce that Galaxy’s Edge has acquired the rights to my Laumer-esque short story “The Aborted Robot Uprising of Tasty Home Things”. I don’t have a publication date yet, but believe me, I’ll shout about it when I do! You can check out this month’s Galaxy’s Edge at the link below…
http://www.galaxysedge.com/
Terraforming in Games
May 14, 2019 Uncategorized Comments Off on Terraforming in Games
Welcome to the first of a monthly series on science-fiction in video games. The full version of this article can be found over at Amazing Stories, and the abbreviated version gets posted here a month after.
Making the uninhabitable a nice place to be since 1942.
The goal is not to deliver a “how to video game ur sci-fi” series of posts. I want to take a look at how closely science fiction in games is entwined with the science fiction expressed in books and other media. Sometimes it’s licensing, sometimes it’s homage and sometimes is it something new and unique.
So let’s start off this column by looking at the worldbuilding of a recent entry, “Anthem”. Anthem is a new type of product referred to as a “split narrative MMO”. It’s best described as a single player story cleverly couched in a massively multiplayer online world. The game is from BioWare, a studio known for building deep storytelling experiences within their games. They handle both science fiction and fantasy narratives with equal grace and engagement.
Underpinning all the bright colors and big alien sky, the world of Anthem contains a classic “man vs nature” backstory. Some time long ago, the planet was terraformed by an object called the “Anthem of Creation.” Along the way, someone failed to turn it off, resulting in a planet with an ecosystem that is in a state of constant, dangerous flux. The formerly enslaved human population has overthrown their alien masters and begun to thrive despite this ever-changing and sometimes openly hostile environment.
In 1942 the idea of terraforming first shows up in a short story written by Jack Williamson (under the pen name Will Stewart). At the time he used a more hand wavy “far-flung future“ science in order to make this happen. Much like Williamson’s original work, and the work of the many many authors to follow, Anthem is less worried about the “how” of terraforming and has instead focused on the end results (and the challenges that they bring).
In action-heavy games the lens of time is always dedicated to the immediate, human-scale view. This means that terraforming in hard-science terms is difficult to work with. In video-game terms, if we want to include the environment as a potential hazard/ally, this timescale is simply a non-starter. Instead, Anthem has embraced the more catastrophic short form terraforming that you see in places like Star Trek: The Wrath of Khan’s Genesis device, or the Arkfalls from Defiance. Not only does it make for a much more visually stunning environment, but it allows for a great many incidental hazards for a player to overcome, allowing the design team to build towards a more emergent style of play to fill in the gaps between the must-do missions that push the story forward.
This aggressive terraforming idea serves as the core foundation on which the game mechanics and story are built. In order to first overthrow their enslavers, then later deal with a constant onslaught of threats driven by the Anthem running off the chain, the human population develops the “Javelin”, a powered exo-suit via which the player can survive encounters that would turn even a top-form human physique into a sticky paste.
The Javelin provides the perfect vehicle (no pun intended) by which the player can customize their experience. Different Javelins support different styles of play. Over time there are modifications and upgrades that players can pick and choose from, earn or outright purchase, thereby feeding the beast of in-game transactions (and ensuring the ongoing creation of new game content). Upgrading the Javelin is a personal and immediate action, the suit becomes the tool by which we give the players agency.
The exo-suit has been a very popular piece of kit in the more action-driven science fiction games for over a decade. From the vehicle-scale, human controlled machines in games like Titanfall or novels like John Steakly’s Armor, on down to the entirely robotic frames of Warframe or the more lightweight frames of Elysium, they are a solid “science fictional” way to rationalize the ability of one person to punch through an army of killer robots.
You can put off the danger for another day maybe, you can wrap up a mission, close out a chapter, but this does not a long-form narrative make. Anthem, like so many stories before it, has tackled this need for conclusion by introducing a villain and, of course, taken advantage of the biggest, shiniest piece of science fiction on the planet, the terraforming engine itself. So now we have not only the immense, uncaring power of the Anthem, but we have a near and viable threat. We have a bad guy looking to take that power and put it to deliberate use. Something that requires immediate (for human-timescale values of immediate) action, which is something game players find supremely satisfying to deal with.
As we all know, once you create a world that clicks, the fans of that world, be it Anthem or Gotham City, are going to consume as much content as they can lay hands on. They will be perpetually hungry for new stories, new characters and new toys. If you’re lucky, you’re going to get a bunch of players that take your world and run with it, giving you a vibrant and active community. By going with an active terraforming scenario, the team at BioWare have given themselves (and us game players) an open door for everything to change in the future and thereby ensure the vitality of the game for years.
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History of the Quran
Syed Abul 'Aala Muadoodi
In this Book, the Holy Prophet's life, the history of the Arabs and the events which occurred during the period of the revelation of the Quran have not been mingled with the Divine Verses, as is the case with the Bible. The Quran is the pure word of God. Not one word therein is not divine. Not a single word has been deleted from its text. The Book has been handed down to our age in its complete and original form since the time of Prophet Muhammad. From the time the Book began to be revealed, the Holy Prophet had dictated its text to the scribes. Whenever some Divine Message was revealed, the Holy Prophet would call a scribe and dictate its words to him. The written text was then read out to the Holy Prophet, who, having satisfied himself that the scribe has committed no error of recording, would put the manuscript in safe custody. The Holy Prophet used to instruct the scribe about the sequence in which a revealed message was to be placed in a particular Surah (chapter). In this manner, the Holy Prophet continued to arrange the text of the Quran in systematic order till the end of the chain of revelations. Again, it was ordained from the beginning of Islam that a recitation of the Holy Quran must be an integral part of worship. Hence the illustrious Companions would commit the Divine verses to memory as soon as they were revealed. Many of them learned the whole text and a far larger number had memorized different portions of it.
Method of preservations of the Quran during the Prophet's time
Besides, those of the Companions (pbut) who were literate used to keep a written record of several portions of the Holy Qur'an. In this manner, the text of the Holy Qur'an had been preserved in four different ways during the lifetime of the Holy Prophet (PBUH):
The Holy Prophet (PBUH) had the whole text of the Divine Messages from the beginning to the end committed to writing by the scribes of revelations.
Many of the Companions learned the whole text of the Qur'an, every syllable of it, by heart.
All the illustrious Companions, without an exception, had memorized at least some portions of the Holy Qur'an, for the simple reason that it was obligatory for them to recite it during worship. An estimate of the number of the illustrious Companions may be obtained from the fact that one hundred and forty thousands Companions had participated in the Last Pilgrimage performed by the Holy Prophet (PBUH).
A considerable number of the literate Companions kept a private record of the text of the Qur'an and satisfied themselves as to the purity of their record by reading it out to the Holy Prophet (PBUH).
Method of preservations of the Quran after the demise of the Prophet
It is an incontrovertible historical truth that the text of the Holy Qur'an extant today is, syllable for syllable, exactly the same as the Holy Prophet (PBUH) had offered to the world as the Word of God. After the demise of the Holy Prophet, the first Caliph Hadhrat Abu Bakr (PBUH) assembled all the Huffaz and the written records of the Holy Qur'an and with their help had the whole text written in Book form. In the time of Hadhrat 'Uthman (PBUH) copies of this original version were made and officially dispatched to the Capitals of the Islamic World. Two Of these copies exist in the world today, one in Istanbul and the other in Tashkent. Whosoever is so inclined may compare any printed text of the Holy Qur'an with those two copies, he shall find no variation. And how can one expect any discrepancy, when there have existed several million Huffaz in every generation since the time of the Holy Prophet (PBUH) and in our own time? Should anyone alter a syllable of the original text of the Qur'an, these Huffaz would at once expose the mistake. In the last century, an Institute of Munich University in Germany collected FORTY-TWO THOUSAND copies of the Holy Qur'an including manuscripts and printed texts produced in each period in the various parts of the Islamic World. Research work was carried out on these texts for half a century, at the end of which the researchers concluded that apart from copying mistakes, there was no discrepancy in the text of these forty-two thousand copies, even though they belonged to the period between the 1st Century Hijra to 14th Century Hijra and had been procured from all parts of the world. This Institute, alas! perished in the bombing attacks on Germany during World War II, but the findings of its research project survived. Another point that must be kept in view is that the word in which the Qur'an was revealed is a living language in our own time. It is still current as the mother tongue of about a hundred million people from Iraq to Morocco. In the non-Arab world too, hundreds of thousands of people study and teach this language.
The grammar of the Arabic language, its lexicon, its phonetic system and its phraseology, have remained intact for fourteen hundred years.
A modern Arabic-speaking person can comprehend the Holy Qur'an with as much proficiency as did the Arabs of fourteen centuries ago. This, then, is an important attribute of Muhammad (PBUH), which is shared by no other Prophet or Leader of Religion. The Book which God revealed to Him for the guidance of mankind is today's in its original language without the slightest alteration in its vocabulary.
This is taken from part of a speech "Message of Prophet's (saw) Seerah", given by Syed Abul 'Aala Muadoodi. He compares the history and authenticity of three scriptures, Torah, Injeel and Quran.
If any one needs specific references, the best book for Quran is Al-Itqan fi Uloom-il-Quran by Jalaludin Sayyooti If you need more help, please send e-mail. mmirza@ee.eng.ohio-state.edu (Muhammad Mirza)
source: witness pioneer
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Kay Gee Interview: Illtown Sluggaz Project, Leah Jenea, Divine Mill Reflections, Naughty by Nature Success
YKIGS Posted on August 30, 2018
DJ Kay Gee has always been an innovator. After establishing his legendary foundation as part of Naughty by Nature, he soon founded his own label Divine Mill and created stars like Next, Jaheim, and Zhane. His next generation of stars is shaping up to be just as exciting. The producer has recently announced the Illtown Sluggaz project, which culminated with new artist Leah Jenea reaching the finals on the TV talent show The Four. Her lead single “Pefectly Imperfect” benefited a great cause, and placed herself squarely on our radar as one to watch. Kay Gee’s drive is as intense as ever, and love for the music is unmatched. Oh, and the label even has a mascot. YouKnowIGotSoul had a chance to interview him once again and discussed the roll out for the new label, where he finds his passion, his new artist Leah Jenea, what to expect on the Illtown Sluggaz project, and much more.
YouKnowIGotSoul: Talk about the Illtown Sluggaz project and label you’ve been rolling out.
Kay Gee: This is the idea of us just rocking crowds and having fun. Even coming in here, as soon as I step off tour and the road, I get into the studio with my crew. I just felt like we might as well put together a DJ production driven album. We just started working on records and putting stuff together and it started evolving. We said we need a hype man, so we grabbed Vin (of Naughty by Nature) and he became a part of it. That’s what we’re starting off doing. We’re going to hype up some of these shows and parties. Also, when we started putting Slugga into the mix as the Naughty mascot and producer, that made it even easier. That kind of really pushed that idea out front for us.
YouKnowIGotSoul: Tell us about your artist Leah Jenea who was recently on The Four. You released her single and had the benefits of it go to a great cause.
Kay Gee: A lot of our family members in East Orange and beyond are dealing with autism. We got with an organization called Nassan’s Place from our hometown in East Orange and we felt like we wanted to do something to help them out. We got with Leah and put together the song “Perfectly Imperfect”, which was produced by the Illtown Sluggaz crew. We needed to do something caused base for this cause. It hits home because I have a little cousin and bunch of family members. A lot of us have family members dealing with autism. We wanted to do something for that. Most importantly, we wanted to support Nassan’s Place, a local organization. We sat down with the owner, and she told us how she felt like New Jersey in particular wasn’t really helping out as the bigger organizations were getting helped. We thought it would be perfect to give back. We’ve always been looking for a cause like that to get involved with, and it was the perfect one.
YouKnowIGotSoul: How would you compare the new crop of artists you’ve discovered, to when you were coming up with your Divine Mill label with artists like Next, Jaheim, and Zhane?
Kay Gee: The new younger generation doesn’t really compare. It’s a different time. I don’t want to put that pressure on them. I just think they are just as talented, and at the end of the day, it’s all about talent. That’s what I’m looking for, before all of the hype and social media and numbers, if you could walk through this door and sing your behind off and you have talent, that’s what it’s all about. That’s what took me so long to put this project together or even work with new artists. It’s just finding the right talent and people out there not thinking they could do this just because they have one million followers. Me, as far as what I was looking for, was great talent. Right now, we definitely have a new wave of fresh young driven talent coming at you.
YouKnowIGotSoul: We have so much respect for what you do, touring every weekend with Naughty by Nature, and then being in the studio all week working with new artists. What motivates you?
Kay Gee: It’s the young artists. The same thing that when I was driven in the 90’s wanting to get Naughty by Nature out there, wanting to get Zhane out there, wanting to get Jaheim out there, wanting to get Next, all of those artists. Those artists gave me the energy, and that’s the same thing now, along with the production crew that I have in here now. That youthful energy, you can’t match that drive and love for music. There was a time when I just didn’t have that drive anymore. I’d just go home off tour and sit down at home and wait for the weekend and do another show. Now, I come home and I can’t wait to get into the studio after tour and work with these young cats and producers. Doing what I love to do. I feel like it’s like I first started all over again. I’ve got that same drive and love for it again. It feels good.
YouKnowIGotSoul: How have you evolved your sound over the years to match the current sounds in production?
Kay Gee: I think that to be competitive today versus trying to change up your style or do whatever, it’s just not being stubborn. Understand what’s going on now and what sounds the kids like. How do kids like the speed of music nowadays? I’ve always thought of club music as fast records and dance records. Now it’s not that. Just understand music as a whole and that times have changed, not being stubborn. At the same time, good music is going to win at the end of the day. If you’ve got great melodies and great music, it will win. To me, it doesn’t matter.
YouKnowIGotSoul: Looking back on Divine Mill, it was such a special time in r&b, and you did something special introducing us to some amazing artists. How do you reflect back on that accomplishment?
Kay Gee: I think that time in r&b was an opportune time and I feel blessed and grateful enough to be in that space in that time. I feel like it was a great chance to give the world my spin on what I grew up on. I grew up on r&b. I knew a lot of people when I came out as Naughty by Nature, didn’t expect my first project produced to be r&b. That’s what I grew up on. I grew up on club music. Coming up in New Jersey, they play a lot of club music. I understood the music side, but at the same time, I was introduced to music by my parents who played a lot of the classic r&b artists. It was instilled in me from day one to really go that route from the door. If you even listen to the production style that I did even on Naughty by Nature, it was a lot of musical stuff. To be honest, those were r&b grooves.
Watch the video above to hear the rest of the interview
Tagged:Kay Gee
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Biography of Paul Stafford Mitchell, M. D.
Paul Stafford Mitchell, M. D. Incomplete indeed would be any history of Kansas which did not include distinctive mention of that large body of men who labor in the broad field of medical service. Some have chosen a particular path and some have chosen to work under a particular combination of methods, but all can be justly credited with scientific knowledge and a due regard for the preservation of the public health. To the profession of medicine, Dr. Paul Stafford Mitchell devoted the early years of his manhood, and today, after seventeen years of successful practice, stands as a representative of all that is best and highest in his line of human endeavor, and is justly accounted one of the leading physicians and surgeons of Iola.
Doctor Mitchell was born at Cherry Grove, Rockingham County, Virginia, November 11, 1875, and is a son of Dr. Jacob A. and Emily (Furr) Mitchell. His father, born in 1807, at Londonderry, Ireland, ran away from home when still a lad and emigrated to the United States, and here completed a medical education and began the practice of his calling near Washington, Rappahannock County, Virginia. There he was married and subsequently went to Rockingham County, Virginia. He was successful as a practitioner and was in fairly good circumstances when the Civil war came on, but was an ardent Confederate sympathizer, put all his money into movements for the support of the South, and with the fall of the Lost Cause saw his fortune swept away. Later he practiced in West Virginia and Ohio, but finally returned to Rockingham County, Virginia, and died at Cherry Grove, in 1876. Doctor Mitchell was well and favorably known in his profession, and was an adherent of its highest ethics. While the misfortunes of war caused him to lose his material wealth he held to the last the respect and esteem of his fellow practitioners and of the community at large, and the fact that he did not allow his ill luck to totally discourage him is shown in the fact that he was able to accumulate a property after the war, and left his children 147 acres of land in Rockingham County. He was a democrat all his life and was a stanch adherent of the Baptist Church. Doctor Mitchell had six children by his first wife, Mary, as follows: Ephraim S.; Joseph A.; John A.; Jacob B., who practiced medicine for many years at Manhattan, Kansas, became very wealthy, was president of the Union National Bank of that city, and died at Manhattan in 1903; Benjamin F., who came as a young man to Kansas and subsequently removed to Oklahoma, where he was a minister of the Christian Church; and a son Philip who died in Ohio. All these children are now deceased. Doctor Mitchell took as his second wife Miss Emily Furr, who was born in 1843, in Rockingham County, Virginia, and died in 1910, at Lintner, Illinois, and they had two children: Jennie, who is the wife of H. H. Middleton, a farmer of Renfro, Oklahoma; and Paul Stafford. After the death of her first husband, Mrs. Mitchell married David Traxler, who died in 1909, at Mess, Arizona, a well-to-do retired farmer. They had two children: Charles A., who is engaged in farming at Lintner, Illinois; and Benjamin J., who was a mail carrier and died at Mess, Arizona, in 1908.
Paul Stafford Mitchell received his early education in the public school at Hammond, Illinois, following which he spent two years at the Central Normal University, at Danville, Indiana. Next he was engaged in teaching at the rural school at Burrowsville, Illinois, for two years, and in the meantime applied his spare hours to study, this preparing for his entrance at Hering Medical College, where he matriculated in 1895. In 1899 he was graduated from that institution with the degree of Doctor of Medicine, and in the following year he was granted the same degree by the medical department of the University of Illinois. During this time, Doctor Mitchell had spent his summer vacations doing special work at Northwestern University, where he perfected himself in pathology and bacteriology, and one summer was at the University of Chicago. He began the practice of his calling at Hammond, Illinois, but after one year and four months, seeking a broader field for the display of his abilities, came to Iola, Kansas, where he arrived in the winter of 1901. Here be had been engaged in a general practice of medicine and surgery ever since. Doctor Mitchell took a post-graduate course at the New York Post-Graduate School, in 1903, specializing in surgery. In the summer of 1914 he went to Europe, and during this trip visited hospitals at Paris, France; Bern, Switzerland; Zurich, Switzerland; Munich, Germany; Vienna, Austria; Berlin, Germany; Leipzig, Germany; Heidelberg, Germany; London, England; and Edinburgh, Scotland. He remained in Europe four months after the great war started, and had considerable difficulty in returning to the United States.
Doctor Mitchell’s offices are in the Garlinghouse Building. Throughout his career of professional life his duties have been performed with the greatest care and scientific accuracy. In addition to his professional practice in this direction, he is general superintendent and owner of the Physicians and Surgeons Hospital, at 202 East Street, which had accommodations for ten patients, and where Doctor Mitchell performs his own operations. He is never too busy to be courteous and cordial, yet he had never allowed anything to interfere with the careful and honorable conduct of his profession. In its various phases his life is well balanced and makes him highly esteemed in all those circles where true worth is received as the passport into good society. Doctor Mitchell is a republican. He was a member of the school board, and served as president thereof during one year of the eight years in which he was connected with that body. Fraternally, he is a thirty-second degree, Scottish Rite Mason, belonging to Iola Lodge, No. 38, Ancient Free and Accepted Masons; Valley Chapter, No. 8, Royal Arch Masons; Esdraelon Commandery, No. 49, Knights Templar; Fort Scott Consistory, Select Royal Masons; and Mirza Temple, Ancient and Arabic Order Nobles of the Mystic Shrine of Pittsburg. He also belongs to Iola Lodge, No. 569, Benevolent and Protective Order of Elks, and is an ex-member of the Independent Order of Odd Fellows and the Knights of Pythias. Professionally, he is identified with the Allen County Medical Society, the Kansas State Medical Society, of which he had been vice president, the American Medical Association; and the Southeast Kansas Medical Society, of which he was president in 1915.
Doctor Mitchell was married December 25, 1902, at Hammoud, Illinois, to Miss Mary G. Jaques, daughter of O. B. and Elizabeth (Farrar) Jaques, residents of Mattoon, Illinois. Doctor and Mrs. Mitchell have no children.
Mitchell,
Biography,
Allen County KS, Burrowsville Illinois, Cherry Grove Virginia, Clay County IN, Danville Indiana, Hammond Illinois, Hendricks County IN, Iola Kansas, Piatt County IL, Rockingham County VA,
Connelley, William E. A Standard History of Kansas and Kansans . Chicago : Lewis, 1918. 5v. Biographies can be accessed from this page: Kansas and Kansans Biographies.
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Home › Blog › Music, dance and famous theaters in London – Part 1
Music, dance and famous theaters in London – Part 1
London is well known for its music and dance. It has one of the most famous theatre scenes in the world, with more than 50 Theaters in West End, which offers productions ranging from Shakespeare and classics to modern authors that are in vogue. Traditional opera is staged at the Royal Opera House and the opera performances in English are staged at the Coliseum. Both host also ballet performances. Another well-known dance theater is Sadler’s Wells which is one of the most famous in Europe.
London has numerous concert halls for classical music from the great scenes, as it is Royal Albert Hall, to the intimate scenes like Purcell Room in South Bank Centre. Regardless of the preference, London offers a wide assortment of cultural venues.
The full list of clubs and live music concerts appears in Time Out, a magazine published weekly. This also includes information about relevant artists, bands and concert halls plus guides that contain film performances, theater, dance, art exhibitions and other events in the city.
The important newspapers also contain the schedule of the cultural and theater events in the entertainment pages and in the Saturday and Sunday supplements the events are discussed fully in the reviews. The Evening Standard newspaper in London is focused on the capital, with a complete guide of events in the Thursday supplement.
London is famous worldwide for its high standard of theater productions, and most tourists want to see at least one play. More than 50 theaters make up the Theatre District in West End, and in addition to this, there are also numerous other theaters that are worth a visit. In the summer, you can enjoy productions put on stage in Regent’s Park and Holland Park.
Tickets can be booked at the theater box office or other agencies and to this regard there are recommended Ticketmaster (phone number: 0870 534 4444) or First Call (phone number: 0870 906 3700). You must be aware of the high fees charged by agencies.
TKTS, the ticket office in Leicester Square sells half-price tickets for the same day performances in theaters. It is not recommended to buy tickets from the black market as they can be forged.
Among the most representative theaters or concert halls in London we recommend:
Many of the West End theaters show famous musical performances that are played in several seasons (Les Miserables, Phantom of the Opera, The Sound of Music).
Shakespeare’s Globe
Here you can see Shakespeare’s plays and his contemporaries as they were meant to be seen outdoors without sound amplification, in daylight (or artificial daylight). In the area where spectators can stand up and eat food during performances, the audience is allowed to tease the actors, as they did in the original Globe Theatre, during Shakespeare’s time. Here, you can have a lot of fun, but keep in mind that the Court is not covered and umbrellas are not allowed.
Sadler’s Wells Theatre
Rebuilt in 1997, it is the main stage of London, attracting internationally touring ballet dance and opera companies.
* Get Fares for Stansted Taxi Transfers Here: London Stansted Taxi
‹ Stansted Taxi Transfer to Camden Town (WC1)
Music, dance and famous theaters in London – Part 2 ›
Tagged with: Culture in London, London Dance, London Music, London Theaters
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Eighty Years in the Trenches: A Conversation with Sam Stern (1901 – 1999)
by John Tenney
Sam Stern is a survivor and an important link to the rich heritage of San Francisco’s musical past. I sat down with him in late 1995, and with a twinkle in his eye, he talked about his eighty-plus years in the music business.
He was born in Russia in 1901 and came to San Francisco shortly after the earthquake. He began playing the violin, and by 1910 he was making the rounds of San Francisco’s raucous bars and nightclubs, playing for tips on his three-quarter-size fiddle. His first teacher was a gypsy violinist who played on the boats and who charged his parents a dollar a lesson. His second teacher made sure that he heard the great violinists who played San Francisco, including Eugene Ysaye in 1915 and Mischa Elman in 1918. As Sam put it, “A young boy is a sponge, and I get that tone in my head and that’s what I strive to do. I never was a technician, but I had a big full tone.”
By the mid-teens he had a stage act, playing classical pieces like “Traumerei” and “Humoresque,” as well as popular tunes like “Alexander’s Ragtime Band.” He played on amateur nights, which every theater had, and was a “fill-in” performer on a local vaudeville circuit. He was earning fifteen dollars a week, which was more than his father was making.
In 1917, Sam joined the Musician’s Union, not the easiest thing for a teenager to do. All applicants under 21 were required to have two sponsors to ensure adherence to the union rules. He became a staunch union man, closely associated with like-minded players like Charles “Pop” Kennedy, later a prominent president of Local 6, who was Sam’s drummer for many years.
Also in 1917, he played at the Fairmont Hotel the night before Prohibition went into effect. As he recalled, he played from table to table as people drank like there was no tomorrow — which, in a sense, there wasn’t. It was a heavy night for Irish songs, “East Side, West Side,” “Silver Threads Among the Gold,” Put On Your Old Gray Bonnet,” and the like. The following year he went to Los Angeles and got work as soon as he hit town, playing in a downtown cafe. The band would play for lunch and a short dance, then come back and work from six until midnight. The pay was phenomenal for the time, forty dollars a week. Soon he was working mornings as well, moonlighting in a violin-accordion-guitar trio that played “mood music” on silent movie sets. Later, he played in a forty-piece orchestra at Sid Grauman’s movie theater.
In 1921, he joined the orchestra backing Harry Lauder, the great Scots comedian, and played a string of one-nighters which brought him back to San Francisco. By this time, he was twenty years old and hadn’t saved a dime. “I decided, this is not a future. Suppose I bust my finger. I’d better do something else,” he told me. He went to business school and trained to become a private secretary. “I got out when I was 21, and I got my first office job. Then I made more money with the fiddle than I ever did before.” He remained skeptical about full-time music, however, and became a civil servant for the city of San Francisco. He kept the job for twenty years while he married and raised two children.
Once settled back in town, he began specializing in Jewish music. By the late Twenties, he was still the only bandleader in town to do so. “Sometimes when I go down the street, some guy accosts me and says, `Hey, Sam, aren’t you dead yet? You played for my bar mitzvah.’ I said, `How old are you?’ `Well, I’ll be sixty-five…’ And I find that every place I go. Anybody could play [Jewish music] if they had the beat. Catalano had the beat, and Kennedy had the beat.”
Although he avoided playing the speakeasies — which were disreputable for a married man — he did the occasional strip show, once with disastrous results, at the Dawn Club of the Palace Hotel. “[It was] supposed to be a strip show, full of men. And the minute the first girl came out, the police whistles started to blow, the lights went on, and nobody could leave. I sat on the piano stool with the piano player, didn’t even have a chance to open my fiddle [case]. And I told the cop, ‘I had nothing to do with this, I’m just a musi—‘ `Get in the damn wagon!” The booking agent bailed him out, but there was more hell to pay. “My wife said, `Is this the way to act? Trying to raise two kids, and arrested down there?’ And I said, well, it was part of the business.”
Sam was the epitome of the working musician. He never refused a job, or held out for a “better” one. At one point, he had a band called “Side-Saddle Sam and His Hoosiers,” all dressed in jeans and old shirts playing square dances and other “western” jobs. In fact, he once played a hoedown with the San Francisco Symphony. As he observed wryly, “I got paid for it.”
In the Twenties, he frequently played in the orchestras that accompanied silent films at San Francisco’s theaters. Toward the end of the decade, he was working at the Imperial Theatre downtown when the first sound film — Al Jolson’s The Jazz Singer — was released. The entire orchestra was given notice. “They were going to strike anyway, but it didn’t do them any good. [The theater] was going to put in canned music before the picture. Many of the musicians got in trouble because they wanted to play anyway; one of them was Yehudi Menuhin’s first teacher.”
The “talkies” dried up a big source of employment, and soon the Depression began, a difficult time for musicians
and most everyone else. During those years, Sam led a twenty-piece WPA band that paid its players $90 a month. They gave free concerts in schools and parks, and sometimes would head for the Sierras to play for young workers in the Civilian Conservation Corps camps. At the end of the Thirties, he played in a WPA theatrical version of Hansel and Gretel, which appeared at the Treasure Island World’s Fair. Throughout the decade, he also did strolling and nightclub work when he could find it. It was not always easy. “Imagine a violin player, no amplification. You learned how to get a tone. You played hard, and wore out your bow hair very quickly.” Sam claims to have been the first violinist to mount an electric pickup on his violin, as soon as portable amplifiers came out in the late Thirties. Veteran sax player Stan Shouman used to sit in front of Sam’s speaker, and frequently complained that it drove him crazy.
Sam spent the early Forties working in the San Francisco shipyards, with a desk job that enabled him to play music jobs at night. After the War he continued his career, always the realist: “When I joined the union, the Symphony didn’t work as long as they work now, just a few weeks a year, and the guys couldn’t get by, and I didn’t want to follow in their tracks, and I know that the dance business, as soon as you get gray hair or no hair you’re finished, so that’s why I went into another business. Otherwise I wouldn’t be where I am today. I wouldn’t have a nickel.”
No matter what the status of his hair, Sam persisted and succeeded. He worked frequently until relatively recently, and still plays his violin. He has retained his lifelong attitude toward his profession, epitomizing the “working stiff” musician: “I never wanted to classify myself as a musician, particularly. I made just as much as the average guy, and worked in the daytime besides, and I have something to show for it.”
Indeed he does: a long life, the respect of his peers, and a razor-sharp mind that conjures up a wealth of memories. Sam is a local treasure. He has survived this long; we can only hope that he will survive for many years to come.
Ed. note: Sam Stern passed away on December 19, 1999, at the age of 98-1/2.
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Home Politics Togo term-limit law allows president 10 more years of rule
Togo term-limit law allows president 10 more years of rule
Togolese President Faure Gnassingbe
A CHANGE in Togo’s law voted through on Thursday would allow long-standing President Faure Gnassingbe to stay in power potentially until 2030, extending his family’s rule in the West African country to 63 years despite widespread protests.
The constitutional change caps the presidential mandate to two five-year terms, ostensibly in response to calls from the opposition and street protesters for an end to a political dynasty that started when Gnassingbe’s father seized power in a coup in 1967.
But the law does not take into account the three terms Gnassingbe has already served since succeeding his late father in 2005, the latest of which ends in 2020.
‘The National Assembly has decided to transform Togolese citizens into subjects of his majesty Gnassingbe,’ said opposition member Brigitte Adjamagbo-Johnson as she called for all opponents to unite.
The law was passed overnight after 90 of 91 members of parliament voted for it. The opposition boycotted legislative elections in December, in part because of the dispute over term limits, leaving them without parliamentary seats and powerless to vote against the law.
However, passage of the law is likely to spark protests.
Fatal clashes erupted over the proposed change in 2017. Security forces cracked down on demonstrators calling for Gnassingbe’s resignation, echoing a mass movement against his first appointment in 2005 during which at least 500 people were killed.
Gnassingbe’s opponents have been seeking term limits and other constitutional reforms since then to align the former French colony with most of its West African neighbours.
While several African countries have shown a desire to break with the long rule of many post-colonial leaders, change has been slow to come. Chad reinstated presidential-term limits in 2018. But they would still allow President Idriss Deby to sit in power until 2033, when he will be 81 and have been in power for 43 years.
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Faltering progress in Africa worries governments, investors
Editorial Staff - October 9, 2015
The ‘CIA Man’ In Libya securing oil supply
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Families of prisoners who killed themselves express their anger
Posted By: Larry Fedjaon: 28 April 2019 In: All News, Custody Deaths & Abuse, Mental Health & Others, Prison Deaths
When Dean Saunders was 25, he was suddenly gripped by a mental health crisis. Convinced his family wanted to harm him, he attacked his brother with a knife. Then, as his father, Mark, tried to stop him from harming himself, he stabbed him in the stomach. A few minutes later, apparently unaware of what he had done, Dean said to Mark: “Dad, I’d never hurt you. I love you.”
The police arrested Saunders, a seriously ill young father, and charged him with two counts of attempted murder. But they told the family they understood he was unwell, and that he would be transferred to a hospital.
“We were under the impression this transfer was happening. He had to have two psychiatric assessments to put the transfer into motion. But it sort of never seemed to materialise,” Saunders’ partner Clare Hobday-Saunders said. In January 2016, 18 days after he was sent to Chelmsford prison, Saunders killed himself.
A report by the Prisons and Probation Ombudsman notes: “We are concerned that healthcare staff at Chelmsford did not fully understand the correct process for transferring prisoners under the Mental Health Act. This led to a delay in Mr Saunders’ transfer to hospital.”
Other News:
INQUEST calls for bold action as deaths in prison rise again and levels of self-harm break new records
Tags: Government & StatePrison ReformUpdates
Larry Fedja
Larry Fedja has been a volunteer with 4WardEver UK since it was set up. He assists with researching information and submitting them for inclusion on the website and other on-line resources developed by 4WardEver and its associate organisations. 4WardEver UK was launched in 2006 by Tippa Naphtali the cousin of Mikey Powell, who died in the custody of West Midlands police, Birmingham, UK in September 2003.
Update: National Family Fund – Changes in 2018
The Youth Voices 4 Justice Benefit (Birmingham) Gig Wrap-Up
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Ethiopia’s Oromo Liberation Front Agrees to Give up Armed Struggle
Muluneh Gebre
Fri, 25 Jan 2019 05:04 GMT
The rebel Oromo Liberation Front (OLF) has agreed to give up its armed struggle against the government in Addis Ababa after it suffered a humiliating defeat last week. The leader of the front, Dawud Ibsa, announced his party’s agreement by signing a reconciliation pact on January 24th with the Oromia regional government in Ambo University, about 125km west of the capital.
Last week, the Ethiopian army disclosed that it had detained 835 OLF militants in western Ethiopia, where many others were killed after a massive counter attack. The counter attack came after armed OLF troops robbed 18 private and government banks and took control of government offices in the region. The Ethiopian Defence Force said early last week that it was disarming troops of the OLF rebel group, also known as ‘Shene’ in western Ethiopia.
The Government and the OLF signed a reconciliation accord in August last year in Asmara, the Eritrean capital, agreeing to terminate hostilities between them and allowing the OLF to conduct political activities in the country by peaceful means.
Following the agreement in Asmara, hundreds of exiled leaders, including Dawud Ibsa, returned to Addis Ababa in mid-September last year, where they received a friendly and warm reception. Some days later, however, the front rejected the
rapprochement, claiming it would not enter a disarmament agreement. The OLF Communication Bureau, in a statement said, OLF militants had killed at least 41 people, including police officers, after they returned home from neighbouring Eritrea in September last year.
Senior leaders of Oromia and the OLF, Abba Gadaas (Oromo traditional leader), elders, scholars, youth representatives and representatives of political parties attended the meeting. Presenting the deal offred by the OLF leaders and Dr Milkesa Mideksa, representing Oromia regional state and Dawud Ibsa, Chairperson of the OLF, pledged to avoid bloodshed, leaving the past behind.
A committee of 71 people was also formed to facilitate the disarmament, and demobilisation process and the reintegration of armed members of the OLF in different parts of Oromia.
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Ethiopia Inaugurates Delayed Dam Project
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102nd UM Foresters Ball Features Education Music and Beer Garden
Peter Christian
This Friday and Saturday, a proud tradition continues on the University of Montana Campus with the 102nd Foresters Ball.
Dean of the Franke College of Forestry Tom DeLuca said the Foresters Ball, most importantly, is a ball.
“Formal wear is, of course, flannels,” said DeLuca. “The students transform the old Schreiber Gym into a turn-of-the-last-century logging town. It’s all student organized and driven and all the proceeds from the ball go to student scholarships.”
DeLuca said in addition to the dance, there will be a Forest Community Day on Saturday.
“It starts at 10 and goes until 2, and that’s just for families to come and visit the Foresters Ball. They can see the chapel and the saloon and the mercantile,” he said. “Every other year there’s a slide that goes from the upper deck of Schreiber Hall down to the floor and kids absolutely love to ride the slide. At Forest Community Day there’s an opportunity to meet with different clubs like the Forestry Club or the Wildlife Society Club or the Fisheries Club.”
DeLuca said activities on Saturday for Community Day are free of charge, but for the dance on both Friday and Saturday there is an admission charge. He said on Friday from 4:00 p.m. to 7:00 p.m. the Foresters Ball Auction Dinner has a charge of $25 per person.
There was a time when alcohol was prohibited during the Foresters Ball, however that changed, surprisingly enough, thanks to UM’s head Law Enforcement Officer.
“That was my first act as Dean, “ said DeLuca. “To go over and request from the president that we be allowed to have a beer garden, which was actually a recommendation from Marty Ludemann who is the head of campus security. He felt a beer garden would actually improve the situation. There had been some alcohol consumption issues in the past, and we haven’t had any issues for the past couple of years.”
The dance itself is Friday and Saturday night from 7:00 p.m. to midnight. Participants must enter the ball by 10:00 p.m. when the doors will close.
Get more details about the Foresters Ball here.
Filed Under: dance, university of montana
Categories: Missoula News
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Julia Michaels Expands Her Lyrical Musings For 'Inner Monologue Part 2'
posted by James Dinh - Jul 10, 2019
Pop superstardom was an acquired lifestyle for Julia Michaels, one that required cautious navigating and concrete boundaries. Two years since the success of her debut solo single, "Issues," as well as a boastful repertoire of songs for Justin Bieber, Selena Gomez and Britney Spears, the 25-year-old has found her pace in all the madness and is pushing forward with own ventures. At the top of 2019, she released Inner Monologue Part 1, a vulnerable six-track EP that chronicled love-struck woes, but also dove deep into her struggles with mental health. Part 2 arrived on Friday (July 4) and takes a more self-reflective aim, extending her lyrical musings to body imaging, severing romances and her lack of social fulfillment.
Prior to the release, iHeartRadio spoke with the singer about the eight-track set, which boasts mostly sole songwriting credits, how she learned to write off the cuff in the recording booth and her ultimately realization that her vulnerable lyricism just might not be everyone.
Inner Monologue Part 2 arrives five months after its predecessor. How do these sound different?
I think Part 2 is a little bit more self-reflective. Part 1 talked about mental health. Part 2 talks more about breakups and body image more than it does anything.
You've been songwriting for so long. Has your process changed throughout the years?
Definitely. I find that my process for writing has become even more internal. I don't write anything down. I usually sort of go into the room and I'll have someone play chords. I'll just go in the booth and I'll just sing everything that I think about; everything is pretty stream of thought. So like, "Body" on the record is that; I didn't write anything down. I didn't have an idea prepared. I just like, sang it down. "Falling for Boys," same thing. "Seventeen," same thing.
I ask because the new EP does sound more vulnerable. "Body" is clearly the standout. Talk to me a little about writing that one.
I feel like songs like that, because they're so personal, they're songs that sort of have to be written by yourself. I was in the booth and I was singing something else, and then I just thought, "I just want to love my body." It just came up out of nowhere. I was thinking about all of the things that I say to myself on a daily basis and how much I just hate on myself all the time and how I would never talk to somebody the way that I talk to myself. I wanted to write it from the perspective of literally fighting with yourself and that toxic relationship between yourself and yourself.
It's a good angle to take because you're right. We would never talk to somebody else the way that we talk to ourselves.
If I talked to someone else the way that I talk to myself, I would be the worst person on the planet, like, truly.
I love how "Falling for Boys" begins and ends. Is dad really getting angry?
Oh yeah, of course. My dad and I are really close, and no dad wants to see their little girl heartbroken. When I love, I love. I put my whole heart and soul into everything, so when I get my heart broken, it's like I can't eat, I can't sleep, I can't do anything. And it breaks his heart. He's definitely got a list.
"Hurt Again" is the focus track on the EP. What can you tell us about that one?
"Hurt Again" is one of those songs. A lot of my fans know my relationship history. I chose "Hurt Again" because I love love. I love the feeling of being in love. I just think it's just such a magical thing. I would get my heart broken a thousand times if that meant that I got to experience it and know that I've had it. It's knowing that this person is not good for you [and] seeing all the signs. You're like, "Wow, you're so much like my ex-boyfriend, this is so scary. This is going to end in a sh*t show, but it's fine because I get to love you and you get to love me back."
I also love how active you are on Twitter. You recently said something to your fans about mainstream music and your own vision when you go in to create music. Can you elaborate a little bit more on that?
I think my music is an acquired taste. It talks about a lot of things that can make people uncomfortable sometimes and I think some people are not ready for it. So I guess by mainstream, I just write what I feel and I just write what I want to. That can be taken however people want to take it. But really, I just want to make music because I want to make it. I want to make it so that it's relatable and it resonates with everybody that listens to it. You know, there's nothing worse than when people don't like it because it's like them saying they don't like a part of yourself, especially because you're writing it. That can be a little scary, but I just wanted them to know that I'm writing it for me and I'm writing it for them, and that's it.
I know that your journey from a songwriter to stepping in the spotlight was something that you had struggled with. How did you adjust after "Issues"?
Did you see [the fans]? That's how. I used to have awful stage fright and I still do. If I'm performing for people that I don't know, then I get awful scared. There's nothing more fulfilling than when you go into a room of 400 people or 1,500 people, or whomever, and you're literally surrounded by like-minded people that are anxious like you, feel the same things that you do, don't feel love, don't feel wanted, all these things that you feel all the time, and know that you're not alone.
You get to literally just sing all these things that you feel and know that these people are feeling it too. [That] has helped me so much. There's nothing more more cathartic for me than when we're singing a song like "Happy" off of Part 1 and everyone is screaming the pre-chorus because they feel so invested in it because they feel you feel it. It's just the best feeling.
Who is inspiring you nowadays when it comes to your peers and other artists?
To be honest, I listen to a lot of things that most people wouldn't think that I listen to. Well, I listen to a lot of songwriter stuff still. Fiona Apple will always be my constant. Sheryl Crow, Alanis Morissette, those are my heroes. But I also really love Ella Fitzgerald. I've been listening to The Fleetwoods and The Andrews Sisters a lot lately. Music where there's just so much thought. There's no programming. There's no synth sounds. Everything is made right there, recorded right there, and I think that is so amazing. I love to pick apart all the strings and all the vocals and all of that stuff. So I love listening to that a lot.
You're consistently writing for other people. Who else are you currently working on tunes for?
Right now I'm focusing on my own thing, you know, just like trying to get Part 3 done before I go on tour. I try to be Batman and Bruce Wayne at the same time. [It] doesn't always work for me, but when it does, it does, but right now I really want to focus on that and get that right.
This conversation has been edited for length and clarity.
Photo: Katherine Tyler for iHeartRadio
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Twins Notes: Diamond’s debut, Mauer’s momentum, and Rauch’s return
• Scott Diamond had a decent big-league debut, particularly for a mid-level prospect called up for an emergency spot start after posting a 4.70 ERA at Triple-A. He was very efficient early on and ended up using 90 pitches in 6.1 innings, allowing four runs on seven hits and two walks against an Indians lineup that ranks 11th among AL teams in OPS versus lefties. He served up a homer to Lou Marson, which is pretty tough to do, but also induced 12 ground-ball outs.
In terms of projecting his future performance Diamond looked basically like you'd expect based on his minor-league track record, showing good control and ground-ball tendencies along with mediocre raw stuff. He averaged just 88.9 miles per hour with his fastball, topping out at 90.3 miles per hour, and wasn't very successful with his off-speed pitches. Diamond struck out just one of the 26 batters he faced and also managed only one swinging strike on 90 pitches.
• In yesterday's doubleheader Joe Mauer made a pair of good defensive plays at first base in Game 1, threw out one of the two runners attempting to steal against him in Game 2, and was 6-for-8 at the plate while the rest of the Twins' lineup went 10-for-60 (.167). Mauer struggled initially after returning from a two-month stay on the disabled list and was hitting just .186 on June 24, but since then he's 27-for-72 (.375).
Mauer still hasn't shown any power yet, but he's hitting .375 with a .456 on-base percentage and .431 slugging percentage during the past 21 games, raising his batting average from .186 to .290 in three weeks. During that same time his on-base percentage rose from .234 to .361, which ties Denard Span for second-highest on the team. Oh, and the Twins are 19-15 when Mauer starts and 25-36 when he doesn't. It's almost as if he's still really good or something.
• In an interview with Tom Pelissero of 1500-ESPN assistant general manager Rob Anthony said that the Twins will be looking for middle relief help going into the July 31 trade deadline, which makes sense assuming they should be buyers at all. Glen Perkins has been fantastic all year in a setup role and Joe Nathan has thrived since returning from the disabled list, but with Matt Capps basically relegated to mop-up duties they could use another right-handed option.
Alex Burnett has been thrust into a high-leverage role almost by default and has the potential to some day be a viable late-inning asset, but for now he's an overmatched 23-year-old rookie with a 6.21 ERA and 20-to-13 strikeout-to-walk ratio in 29 innings and has struck out just two of the last 30 hitters he's faced. Joe Christensen of the Minneapolis Star Tribune speculates the Twins may try to reacquire Jon Rauch from the Blue Jays, which would certainly be interesting.
• Over the weekend the Twins released 25-year-old former 11th-round pick Steve Singleton, who'd been starting regularly at shortstop and second base at Triple-A. Singleton is hardly an elite prospect, but the release still raised eyebrows considering the Twins' organization-wide lack of middle infield depth and Rochester's ongoing struggles just to put a competitive lineup on the field thanks to the big-league team calling up most of their best hitters.
Sure enough, LaVelle E. Neal III of the Minneapolis Star Tribune reports that Singleton was let go due to "off-the-field issues." Singleton cracked my annual list of the Twins' top 40 prospects just once, ranking 33rd in 2009, but since then he's hit just .273/.320/.414 with twice as many walks (117) as strikeouts (58) in 265 games between Double-A and Triple-A. Singleton never projected as more than a potential utility man and even that seems like wishful thinking now.
• Justin Morneau has been cleared to resume "baseball activities" three weeks after surgery to address a pinched nerve in his neck, which according to trainer Rick McWane means "he's ready to take ground balls, play catch, and run around." Swinging the bat will come later, so even setting aside the Twins' inability to get any injured players back within their initial return timetables this season Morneau is unlikely to be ready before mid-August.
• Last but certainly not least: Delmon Young's adorable reaction to Jim Thome's monstrous 596th career homer is now in GIF form. If he never played baseball and only reacted to Thome homers, Young would be my favorite Twin of all time.
This week's content is sponsored by Wholesale Gold and Diamond Distributors in Minneapolis, so please help support AG.com by considering them for your jewelry needs.
Alex Burnett
Scott Diamond
Steve Singleton
I wonder how long Twins’ fans will love Revere, despite the fact he can’t get on base at all right now. He looks more like a 4th/5th OFer to me than anything else right now. Those calls to trade Span remain ridiculous.
Mauer can’t get RBI if no one is on base in front of him. Gardy got his speed, but all that speed is wasted going from the dugout to the batter’s box and back.
The Twins should not be buyers. I will be really disappointed if they deal anything of value for middle relievers right now. I’d be ok with Delmon Young being dealt, though. Just another awful trade by Smith.
Frankly, I’m terrified that Smith will make a trade at this point, given his history. However, he has managed to trade B or C prospects for legit middle relievers in the past.
Comment by mike wants wins — July 19, 2011 @ 7:20 am
forgot to mention, nice job by Diamond. He wasn’t great, but he wasn’t bad.
As long as Smith goes after setup relievers and not closers, I’m not worried.
Comment by SoCalTwinsfan — July 19, 2011 @ 9:17 am
I am so looking forward to the inevitable Hicks-for-Rauch deal. Prospects are overrated anyway…
Comment by BR — July 19, 2011 @ 9:21 am
hahahah! I can’t get over how awesome DY’s reaction to thome’s moonshot is
Comment by Max — July 19, 2011 @ 10:34 am
Diamond gave up 4 runs in 6 innings. I suppose that’s about what we should expect from an emergency call-up, but as far as I’m concerned, he’s barely qualified to pitch at AAA and I hope he never gets called up again.
Comment by Dave T — July 19, 2011 @ 12:11 pm
Check out this week’s sponsor! He’s my dad and I convinced him AG.com is a worthy cause. Someone has to pay for aaron’s extra white rice when he get’s chinese take out.
Comment by Brady — July 19, 2011 @ 12:13 pm
Scott Diamond was adequate, a soft-throwing finesse pitcher whose career will depend on great defense and good offense. Last night, he got very little help from a punchless Twins offense. They need to shuffle the lineup for a couple weeks until Span and Kubel return.
Joe Mauer should bat second. This would immediately double the runs scored by Ben Revere, whose speed and on-base percentage have been wasted by Alexi Casilla’s flailing from both sides of the plate. Mauer’s surging bat would drive Revere to second and third base on a regular basis, providing opportunities for…
Danny Valencia to bat third. Your top RBI guy should be in a position to drive in even more runs, rather than batting fifth or sixth. That also makes room for…
Trevor Plouffe to bat clean-up. This kid’s got serious power, and he should be parking balls in the seats as number four. Let him go up there and see how far he can hit baseballs.
Michael Cuddyer should bat fifth. There, he protects Plouffe and provides an experienced, skilled bat to keep rallies going. With a little pressure removed, watch Cuddyer’s batting average go up by 15 to 20 points, and his power numbers would hold steady.
After that, Delmon, Thome/Hughes, Nishioka, Casilla. As a ninth batter, Casilla is better than Nishi as a lead-in to Revere.
Comment by jimbo92107 — July 19, 2011 @ 12:53 pm
“This would immediately double the runs scored by Ben Revere, whose speed and on-base percentage have been wasted by Alexi Casilla’s flailing from both sides of the plate.”
The problem isn’t the players around Revere in the lineup. The problem is that Ben Revere really, really sucks. His numbers (.266/.300/.305) are just awful. The “flailing” Alexi Casilla actually has a better on-base percentage than Revere, who has no business playing regularly in the major leagues, much less leading off. The Twins game up short on a huge day yesterday, and no one came up shorter than Revere, who went a combined 0 for 9 from the leadoff spot. No one can drive you in when you can’t get on base. When Span comes back, we need to send this turd to the bench, if not AAA.
Comment by Pedro Munoz — July 19, 2011 @ 1:27 pm
Revere has been quite bad offensively, but he’s been as good defensively. I’d be cool with him as a 4th OFer right now. I’d be ok with him as your third best OFer, if you have Span and Kubel/Cuddy producing. But, he can’t be your leadoff hitter, not with those numbers.
Comment by mike wants wins — July 19, 2011 @ 2:35 pm
Revere would be an excellent 4th OF when Span returns. Can be a late-innings sub in CF or LF and pinch run. Basically, a better version of Repko.
Wierd that the pitching looked better with Young hurt and Cuddy at 1st and the twins went on a tear. Defense can make this team go if Grady pushes the right buttons. I can’t wait till its, Revere in left, Hicks in Center and Span in Rt. Balls in the air will not land. The crazy thing I would do to get production from the infield is make Mauer start taking balls at 2nd. That makes room for Morneau and Kubel(dh) in the line up. Cuddy is at his best as a utility guy.
Comment by steelwon — July 20, 2011 @ 10:12 am
Yes, Revere is a better Repko. He isn’t going to replace Young full time because his hitting is as bad as Young’s defense. 0 for 13 now in the bIggest series of the year. Christ, Mauer gets every other day off- can’t we sit Revere for a day?
Comment by Pedro Munoz — July 20, 2011 @ 11:48 am
Christ, Mauer gets every other day off
Mauer has started 12 straight games and 20 of the past 21 games.
Comment by aarongleeman — July 20, 2011 @ 11:56 am
True, Ben Revere has had a lousy last few games offensively, but other than that he’s been quite good. I see that he does have a problem adjusting to sinker ball pitchers like Masterson. He was pounding the ball weakly into the dirt all day. Time will tell if he can learn to meet those balls a fraction of an inch higher on the bat.
Meanwhile, when Span gets back I still think Mauer should bat second. Your best bat should follow your best on-base guy.
It’s nice to see Mauer starting to play better, but it may be too late for the Twins to make a run. But…..who knows, there could be some magic!
Comment by Jon L. — July 20, 2011 @ 12:32 pm
Not at catcher.
“True, Ben Revere has had a lousy last few games offensively, but other than that he’s been quite good”
No, he hasn’t been quite good. He’s been terrible. He has no power and doesn’t get on base. And it you look at his minor league record, there is no reason to expect he will get better.
Two-run error by Revere today. At least he got a hit to bring his series total to 1 for 16.
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Pope Lectures Obama On Abortion And Religious Liberty, Tells Him Stop War On Hobby Lobby !
Vatican City (AFP) – Pope Francis on Thursday defended the Catholic Church’s anti-abortion stance and discussed immigration reform at a historic first meeting with President Barack Obama, whose health law has incensed Catholic leaders.
The Vatican said the two sides had discussed “the exercise of the rights to religious freedom, life and conscientious objection”, foiling White House hopes of public Vatican support for Obama’s agenda.
The Affordable Care Act has raised hackles and accusations of infringing religious freedoms because it requires private employers to provide health insurance including for certain forms of contraception.
Christian American employers have challenged the law in the Supreme Court and a ruling is expected in June, with the nine-member court appearing divided between liberal and conservative judges on the issue.
Controversy over “Obamacare” and the president’s drop in popularity risk causing a Republican victory in this year’s mid-term congressional elections, which would weaken the US leader for his remaining two years in power.
Excerpted from Life News: The details of the private meeting between Pope Francis and pro-abortion President Barack Obama are not yet available, but early indications are that the leader of the Catholic Church brought up pro-life issues with the man considered the “Abortion President” by pro-life advocates.
According to a press statement from the Vatican, the two discussed pro-life issues and religious freedom, a pressing issue given the Supreme Court hearing this week on the Hobby Lobby case to stop the HHS mandate, which forces companies and organizations to pay for abortion-causing drugs for their employees.
“In the context of bilateral relations and cooperation between Church and State, the Parties discussed questions of particular relevance for the Church, such as the exercise of the rights to religious freedom, life and conscientious objection, as well as the issue of immigration reform,” the press statement said.
Kathryn Lopez, a pro-life editor at National Review, said the statement shows Obama may have gotten a lecture, or at least encouragement to be open-minded on these key pro-life issues, from the Pope. Via Pat Dollard Keep reading
POSTER BY ZESKO AND EXTREMELY PISSED OFF RIGHT WINGERS 2-LIKE THEM ON FACEBOOK!
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A Zen Guide to Paris
Posted on August 3, 2017 by agallix
This appeared in the New European, 27 July-2 August 2017, pp. 38-40:
It is a testament to the loving preservation of the French capital that a guidebook, published in 1968, should still be fit for purpose. The quaint period detail (snacks “for five or six bob”) must not distract us from the enduring brilliance of Nairn’s Paris, republished by Notting Hill Editions with an introduction by Andrew Hussey. The author’s descriptions — crystalline, lapidary — are still in a league of their own. Rue du Faubourg Saint-Martin? “Simple really; just a straight street with something solid at either end and a firework in the middle”. La Trinité’s façade breaks out “into cupolas and groups of statuary on the least provocation”. From the side, Porte Saint-Martin really does resemble “a slice of highly vermiculated slab-cake”. The buttoned-up naughtiness of Pigalle is, perhaps more than ever, “like a matron of forty-five unhooking her corsets with a simper or two”. Conversely, Goujon’s nymphs, with their “[f]ull breasts and infolded thighs suggest devotion beyond the line of public sculpture”.
Ian Nairn was a celebrity during his short lifetime. He found instant fame, at the age of 25, by launching a high-profile campaign against the blandness of “Subtopia”. He soon became one the country’s foremost architectural critics, writing a string of essays and books, including his masterpiece, Nairn’s London (1966). He also produced several travel series for the BBC. Driven by his demons, he drove a Morris Minor convertible around the country, resulting in a very British take on the road trip format. He eventually drank himself to death in 1983, aged just 52.
One of the reasons why Nairn’s works were out of print for so long is — as writer Owen Hatherley pithily put it — that he was “too modernist for the preservationists, too much a preservationist for the modernists”. His travel writing is impressionistic, guided by his “uncommitted eyes”; energised by what moved him, what he “enjoyed”. Scourge of “gratuitous notice-boards”, he railed “at the way people try to put words all over the landscape”. Nairn’s Paris could thus be seen, in part, as an act of erasure. The city’s romance is arrived at adventitiously, like the serendipitous poetry of métro station names: “What administrator could invent a poetic conjunction as rich as Sèvres-Babylone?”
His guidebook is “an invitation not to argument but to discovery”. Yet, for all his vision of an uncharted Paris, cut adrift from cliché and dogma, some passages remain resolutely and endearingly English. Apropos of a department store, he writes: “An incautious step will put the male visitor in a landscape which looks as though it is panties as far as the eye can see. The same situation could occur, doubtless, in Selfridge’s or Barker’s, but it wouldn’t feel the same”.
Nairn’s relationship with the French capital began rather inauspiciously. On his first visit he suffered from a mild case of Paris syndrome — the (then undiagnosed) malady said to afflict some tourists when the City of Light fails to live up to their expectations. Of all the “world-famous attractions”, only the Palais Garnier, Louvre Colonnade and Eiffel Tower passed muster. He cleaves to this heretical view in the guidebook, describing Notre-Dame as “one of the most pessimistic buildings in the world”. Several entries — including such crowd-pleasers as the Sacré-Coeur — are cordoned off within sanitary square brackets, making it perfectly plain that these landmarks did not “appeal” to the author, although it would have been remiss of him not to cover them. Nairn’s Paris — for that, after all, is the title of the book — is a “collective masterpiece”, not “a place for individual wonders”. It may be glimpsed at in the interstitial spaces when “travelling from one piece of architecture to another”. Paris is what happens, unseen, in between the sights, unless you (like him) have the “ability to turn off the main road” in pursuit of a “topographical hunch”. Nairn cuts a rum figure of a Virgil, providing tourists with a supremely serviceable Baedeker while encouraging them to lose themselves in the city, like part-time Baudelairean flâneurs. Going off-piste, however, is easier said than done. In a passage reminiscent of Walter Benjamin, he describes an archway, on rue des Ecoles, “embroidered with posters, inches thick”. The name of French Communist Party leader Maurice Thorez — who had died four years earlier — “still peers through”, along with far older “Art Nouveau fragments”. Nairn muses, dreamily, that “something by Toulouse-Lautrec” may even have been preserved under all the layers.
Paris, in other words, is a palimpsest; its cityscape always already written. No wonder, then, that the travel writer should long for a blank slate, or, failing that, one that resists easy decipherment. Something akin to the restaurant menu boards he was so fond of, “written up daily in near-illegible purple ink”, or the “inscrutable lettering” adorning bus stops (designed, presumably, to delight and wrong-foot the unseasoned passenger in equal measure). His is not the Paris we will always have, but the one we never will; a city for ever in the process of becoming, like the “magnificent compositions” greengrocers conjure up out of fruit and veg: “a daily, renewable work of art, as valid,” Nairn argues, “as any of the creations that come out of art schools”.
Defamiliarising Paris — rendering it “near-illegible” — is no mean feat, given the “unthinking respects” successive generations have paid to the city’s “acknowledged sights”. The author recognises, with heavy heart, that Place Vendôme’s reputation is “impregnable”, however much scorn he may pour on the “swishest part” of this “swish city”. Instead, he limns the liminal; points visitors towards less canonical climes, wondering, for instance, why Ménilmontant’s “genuine poetry” remains largely unsung, compared with “over-praised and grossly over-painted” Saint-Germain-des-Prés.
More radically, Nairn goes in search of Paris’s genius loci, which, owing to the city’s “homogenous” and “monolithic” nature, is not rooted in any specific locale. “Specific buildings and specific views” are the “least part” of l’Île-Saint-Louis, he declares, “as they are of Paris as a whole”. Promoting the joys of the river Seine, he reaffirms this notion of a moveable feast: “The actual place is unimportant: there will always be a view of something. What counts is water, the gleaming stone kerbs, the angle of a tree, the look of someone else’s upturned feet, their view of your own, the perspective of buildings on the other side”. Likewise, the author’s elegant black-and-white photographs tend to focus on the aura of a site in lieu of the site itself. The Jardin des Tuileries, for instance, is adumbrated by a couple of empty chairs facing each other, like a Ionesco play on a budget.
Nairn has a penchant for undistinguished locations, where “there is almost nothing to look at in the usual sense”; where space spaces out and place can take place. In an entry not included in the present edition, he praises Quevauvillers’ features, “all lying around waiting for nothing to happen”. Nothing happened with a vengeance, when he and his wife, high on hiatus, spent a “very wet day” near a suburban station “not going to the Air Museum”: “In London it would have been a misery; in Paris it became The Day the Rain Came, luminous and isolated”. Numinous too. There is a Zen-like quality to these mini epiphanies — these lulls in the topographer’s relentless perambulations — which signals a fleeting sense of arrival: “the moment you give up and relax, the city will accept you. All you have to do is put your arse on a café seat, park bench, or low wall, and look”.
Transmuting the infra-ordinary into the extraordinary is Paris’s party trick, hence the “magic-city” sobriquet. It is “a memorable experience,” Nairn enthuses, “to have banality transform itself into ideal as you sit and look, hear, smell, and taste — the whole city is urging you to greater depth of feeling, the opposite effect of a Birmingham”. The humdrum is magicked, by dint of “atmosphere”, into the everyday sublime, a transformative experience that leaves visitors feeling “more alive”: “You and the city, together, have built an event which is neither personal nor impersonal”. Once tuned into, Paris achieves a flow state, where everything is “plugged in” while remaining a “vehicle for the expression of millions of disparate desires”. This version of the French capital is resolutely “on the side of life” unlike many of the fusty, musty national monuments — “desexed” and “stone-cold dead” — which Nairn inveighs against. It provides “pure urban freedom”; a framework within which “life can take what shape it likes”, allowing “full space for your private world”. It is perhaps best exemplified by the Tuileries, where I am writing this, sipping a cheeky rosé: “These are enchanted groves for world-citizens, where each gesture has its own weight and space: absolute, unimpeded by any outside influence: assessed by its own nature and no other — whether it is a kiss or a system of philosophy. (…) Not bad for a thick copse and some gravel; but that’s Paris”. I think we can all drink to that.
Posted in About, Non-fiction / Tagged andrew gallix, andrew hussey, ian nairn, nairn's london, nairn's paris, new european, notting hill editions, paris, the new european / Leave a comment
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The Disastrous Life of Saiki K – Season 2 Now Available on Netflix UK
Netflix UK once again expands its anime streaming content as while Fate/EXTRA Last Encore will be added later this month, of which we previously reported, Netflix UK have now announced that the second season of The Disastrous Life of Saiki K is now available to stream on the subscription based video-on-demand platform. Read more of this post
Filed under Anime News, News Tagged with Anime, Netflix, Netflix UK, News, Season 2, The Disastrous Life of Saiki K, The Disastrous Life of Saiki K - Season 2
Code Geass R2, Fate/EXTRA Last Encore, Gundam UC and more Join Netflix UK Next Month
Another month, another wave of exciting anime content for Netflix subscribers; as the subscription based video-on-demand giant have revealed the list of content that will become available to watch as part of the streaming service during June 2018. Although the service will receive a wide-variety of content throughout the month the most notable additions (for us at least) are the inclusion of several new anime releases; including Fate/EXTRA Last Encore and Mobile Suit Gundam UC. Read more of this post
Filed under Anime News, News Tagged with Code Geass: Lelouch of the Rebellion R2, Dinosaur King, Fate/EXTRA, Fate/EXTRA Last Encore: Oblitus Copernican Theory, Mobile Suit Gundam UC, Netflix, Netflix UK, News, Streaming, The Disastrous Life of Saiki K, Video-On-Demand
Numerous Anime Titles Added to Netflix UK; including The Disastrous Life of Saiki K & Yu-Gi-Oh! Arc-V
It has been a busy easter weekend for Netflix UK as the subscription based video-on-demand platform have added a selection of new, and old, anime titles to their platform including the UK first showing of The Disastrous Life of Saiki K, Yu-Gi-Oh! Arc-V as well as the new season of Fate/Apocrypha. New additions to the streaming line-up also include Pokemon: The Series Sun & Moon, One Punch Man and (new to Netflix UK) episodes of Yu-Gi-Oh!
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Partial transcript of doorstop – Cairns
Subjects: Bruce Highway, infrastructure, tourism, Great Barrier Reef UNESCO decision
CRAIG CRAWFORD MP, STATE MEMBER FOR BARRON RIVER: Well it’s a pleasure to be out here today on the side of the road at Smithfield, with Anthony Albanese, our federal Shadow Minister for Transport, Infrastructure, Tourism and Regional Development, and Allan Dale, who is our own Regional Development Australia Chair, for this part of the world.
Today we have been meeting in relation to the current road situation of the Northern Beaches of Cairns, particularly around the federal funding models that currently apply in the Cairns area.
For those that aren’t aware, the federal funding for the roads, the highways, in and around Cairns, essentially stop at the Port of Cairns, in the centre of town and doesn’t extend any further north. So it doesn’t take into consideration anything on the Western Arterial Road, nor on the Captain Cook Road, and certainly not on the Kuranda Range.
So today we have had a briefing for Albo from the Department of Transport and Main Roads about the current state of play as well as a briefing from Allan about what the big picture situation is in relation to the roads. So I will let Albo talk and we will have a bit of a workaround with questions.
ANTHONY ALBANESE: Thanks very much Craig, and it’s good to be here with Allan. I’m very proud that when I was Regional Development Minister I created Regional Development Australia, and we did that to create an organisation at arms-length from government, that could be responsible for providing a coordinated regional planning approach.
Coordinated planning looking at the long term, ensuring that there was coordination across the three levels of government, but also with the private sector and engaging with the community, and the RDA has done that here successfully in Far North and North Queensland.
This road circumstance that we see behind us, is one that does need to be addressed. The truth is that Cairns has a population of just above 200,000 people, but each and every day there are around 50,000 visitors to this great city, placing pressure on the infrastructure.
The National Highway goes up the Bruce Highway as far as the Port of Cairns, but doesn’t extend any further north. When we were last in Government we addressed the southern approaches to Cairns, but here in the north what we see with the Northern Beaches in particular, is a growth not just in terms of locals with an expanded population, but real pressure due to the visitor numbers who come here.
Now those visitor numbers are contributing to the national economy, and that is why the circumstance, whereby the national government doesn’t play a role in the highway for the area north of the Port of Cairns, needs to be addressed.
Of course it doesn’t even go as far as the airport, and clearly the existing legislation speaks about networks to intermodal transport, and of course are there as an important freight hub not just a passenger hub. The role that Cairns Airport plays needs to be recognised.
But further I think, the role of tourism and the number of people who use the area in the Northern Beaches means that, that pressure should be a responsibility in part also of the National Government.
So I am calling upon the federal government to give proper consideration to extending the recognition of the National Highway north of the Port of Cairns.
Certainly at least to the airport, but in my view also, you could give consideration to it going right up to Ellis Beach, so that the area of those Northern Beaches, which are used by tourists could benefit from that national support.
PROFESSOR ALLAN DALE, CHAIR OF REGIONAL DEVELOPMENT AUSTRALIA FOR FAR NORTH QLD & TORRES STRAIT: Today is a bit of a chance to celebrate the real progress that has been made over the last seven years.
About seven years ago the RDAs from all of North Queensland, together with local government, worked very hard with the state and the federal governments, back in Anthony Albanese’s time, to really get a big set of strategic priorities on the table.
Out of that came the major investments into the Bruce Highway that we’re now seeing, significant investments into Cape York Peninsula Development Road, and on recent developments around the North Australia White Paper, we have seen big investments into the Hann Highway and the Ootan Road.
So we’ve seen some great progress over the last seven years, it’s now time to start thinking about the next generation of big things, and as Anthony has been saying and Craig has been saying, that ring of transport and freight issues around Cairns needs to be addressed.
Access to the Tablelands, completion of the Peninsula Development Road and some of the issues of access around Mourilyan Port, they are the big next strategic issues that we need to face.
So one of the ways forward has to be, I think, local government, RDAs, the community, state and federal governments coming together to start some of that planning for the future so that we are really able to have that long term strategic and stable influence on budgets both from state and federal governments.
Today has been a great chance to brief Anthony around that, and I am really looking forward to working across the players, continuing to work across the players, to see that next generation of big strategic investment in our road infrastructure network across Far North Queensland and the Torres Strait.
REPORTER: Why stop at the Northern Beaches? There is lots of local frustration about the road, the Captain Cook all the way up to Port Douglas, west on the [inaudible] range all the way up to the Tablelands.
ALBANESE: Sure, and that could be considered as well. What I am suggesting is that there needs to be consideration by the national government of a gradual extension. The first stage immediately should be to the airport, but also I think further to the Northern Beaches is where the pressure is on.
Past there, in terms of the road to Port Douglas it’s difficult to expand that further due to the nature of the geography . But the pressure that is on in terms of the traffic into those Northern Beaches is a real issue.
Can I say this; we haven’t seen a single new dollar put into road infrastructure from the government that has now been in office for four years. This government can’t continue to simply point towards projects that were funded as part of the package put together with Regional Development Australia, when Labor was last in government federally, in partnership with the Queensland Government and local government.
The Cape York Roads Package was put in the budget in 2013 and announced in 2013. Just because the current government has reannounced it multiple times doesn’t make it a new project.
One of the things that I got briefed on today about that, that I’m very proud about, is that Indigenous employment on the Peninsula Development Road and the other roads that make up that package has been between 20 and 25 per cent.
That provides an upskilling in the short term, employment for Indigenous people but giving local Indigenous people, particularly young people those skills, that training, that opportunity.
That is a by-product of good infrastructure development; it produces a short term outcome on employment and skills and training but in the long term opens up opportunity.
Yesterday we met with the Indigenous rangers from the Cape. Now, that opportunity for growth in tourism on Cape York has been improved substantially through that improvement in infrastructure. So, long term job development as well as those short term jobs.
REPORTER: Have you been given an indication about how much upgrades to this road here might cost the federal government should it take the project up?
ALBANESE: Well of course, what we’re talking about is a cooperative approach. There are upgrades and ongoing maintenance issues on the highway. When we were in government we contributed $6.7 billion over six years to the Bruce Highway.
We inherited a circumstance whereby only $1.3 billion had been committed by the Howard Government over 12 long years. Now, the government isn’t spending the money that it itself budgeted for the Bruce Highway, said would be spent over the last year.
There have actually been underspends. When you have this need on the Bruce Highway which is of course Queensland’s most important road, then that should be addressed by the Commonwealth Government.
What we’re saying is there’s a national responsibility here, in particular because of the pressure that Cairns as a gateway to Northern Australia has that the national government should step up.
REPORTER: Doesn’t it set a bit of a precedent if this were to happen, I guess any state government that didn’t want to pay money for certain roads could wash their hands of it and it falls under federal responsibility?
ALBANESE: No. There are very clear definitions of the National Highway and for example, the National Highway has a definition in it about key intermodal transport.
Now, it stops at the port rather than the airport. That’s really just an accident of history. The fact is that whether it’s called Sheridan Street or Captain Cook Highway or the Bruce Highway, it’s the same piece of road.
Everyone knows that that’s the case. Everyone knows that the Bruce Highway is a critical piece of national infrastructure. Now, the government may choose to just make a contribution.
Certainly the Cape York Roads Package was not about including it in the National Highway network and of course it shouldn’t be in the National Highway network.
We made a decision though as a government that it was a priority in terms of opening up economic opportunity on the Cape and it’s been extremely successful.
Those figures of 20 to 25 per cent Indigenous employment on that project. $215 million with of course a contribution from the state government lifting that entire investment up to over a quarter of a billion dollars.
An investment that will produce a long term economic return but also a short term return in terms of uplifting the human capacity of the Indigenous population along the Cape.
REPORTER: Funding for roads has been a particularly sore point between this state and the feds on several occasions over the last couple of years. Is this throwing another road into that mix actually going to see any results?
ALBANESE: The federal government needs to stop having a view that Australia stops when you cross the Tweed River. This government in spite of the fact that a majority of seats in the federal parliament from Queensland are held by the LNP has ignored it.
They’ve relied upon when it comes to infrastructure the former Labor Government funding whether it be to the south here of Cairns, the roads around Townsville. I was at the opening of the Townsville Ring Road. The Mackay Ring Road is progressing.
That was all money that was provided by the former Federal Labor Government. This government has ignored the interests of Queenslanders. It is presiding over a halving of infrastructure investment nationally.
The Parliamentary Budget Office just yesterday produced an outlook over 10 years of the budget. What they found was that infrastructure investment as a proportion of the national economy, of GDP will fall from 0.4% to 0.2%.
That’s a disastrous outcome that would have real consequences for economic growth over that period of time. Good infrastructure development requires that longer term planning. As Allan said, we sat down and planned the Cape York Roads Package to be rolled out over five years.
The Bruce Highway Package was a long term proposition over the forwards. That money is in decline in future years and that needs to be reversed.
The government needs to recognise that investing in roads, investing in railways, investing in ports produces a return to the budget by expanding the national economy.
REPORTER: Albo, can I get you on one other thing quickly. Just since we spoke yesterday [inaudible] UNESCO’s decision to not change the status of the reef. Do you have a take on that?
ALBANESE: This is good news. We need to make sure that the Great Barrier Reef is protected. It is threatened by climate change.
But the fact is that there’s a great economic asset so it’s good news that UNESCO have made a decision to maintain the existing status of the reef.
It is so important for employment in Far North Queensland and also important for the national economy as well as of course being a source of great pride that one of the Seven Wonders of the World is just off our coast.
REPORTER: The Climate Council’s been out today saying that both the Turnbull Government and the State Labor Government are a bit too focussed on this particular UNESCO listing and not looking at the broader picture of climate change and the reef.
ALBANESE: Climate change is important but it’s also important to welcome good news when it comes, and this is good news. Thanks.
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Tyranny of Distance Threatens the Fair Go – Opinion – The Fifth Estate
In the nation of the Fair Go, Australians pride themselves on the idea that anyone in this country has a fair chance to be whatever they want to be.
Australians expect fair access to schools and hospitals so that all children, rich or poor, will have an opportunity to be their best and make their best contribution to society.
But in the 21st century, there’s another impediment to equity that looms as a threat to equity in this country – distance.
In our major capital cities, urban sprawl is making it harder for many Australians, particularly those with limited financial resources, to access the work or educational opportunities they need to achieve their potential.
The problem is at its worst in Sydney, where according to surveys, about one in five workers travel more than 90 minutes a day to get to and from work.
Governments need to address this problem, not just to preserve the concept of a fair go, but also to get the most out of our best asset – our people.
Failing to address this problem could cause some people on the fringes of our cities to rule themselves out of participating in work or education.
That would be a mistake.
Traffic congestion has always been an issue in our cities.
But until recently, average income earners living in the suburbs have avoided the worst effects of congestion because work was available near their homes in industries like manufacturing or retailing.
However, in the 21st century, jobs growth has shifted away from the suburbs and into the CBD in industries like accounting, insurance, information technology and other services industries.
This has created a mismatch between where people can afford to live and where they can find a job. It means many Australians now live in drive-in, drive-out suburbs and spend hours a day on the roads or on crowded buses and trains commuting to and from work.
According to the Bureau of Infrastructure, Transport and Regional Economics, the resulting traffic congestion cost the economy $16.5 billion in 2015 in lost productivity.
And as well as threatening equity, it is also robbing working parents time with their families.
Governments must adjust their infrastructure programs to the new human needs of the 21st century.
New passenger rail lines and better roads are part of the solution.
But the roads and railways need to work together, providing an integrated transport system. Walking and cycling tracks must be incorporated into this system so people can readily access new public transport hubs from home.
Governments must also promote jobs growth closer to where people live by investing in research facilities at hospitals, universities and in other major projects
The perfect example is in Sydney, with the new Western Sydney Airport at Badgerys Creek. Developed properly, the airport will provide thousands of jobs in aviation as well as associated sectors including research, tourism, education, advanced manufacturing and logistics.
Between now and the airport’s opening, we must focus on maximising the opportunities for the people of Western Sydney to access these new opportunities.
That’s why we need to build Western Sydney Rail – a north-south rail corridor that will allow people of the region to access the new areas of jobs growth.
Labor has already committed funding for the Western Sydney Rail.
While the Turnbull and Berejiklian Governments have proposed a line from St Marys to Badgerys Creek via the airport, they have yet to fund the link from the Macarthur region to the airport and the extension to Rouse Hill in the north-west.
They should commit to the full project now.
The airport example highlights the way in which Governments must rethink the configuration of our growing cities and their transport systems to ensure they fit in with the demands of the 21st century.
We need to stop seeing Western Sydney as a city dormitory area for the Sydney CBD, but treat it as a discrete centre with its own internally logical transport system.
If we take that approach to infrastructure policy across the nation, we will open up more opportunity for local people to access well-paid jobs.
That will be of benefit to them, because they will be given a Fair Go. But it will also benefit the entire nation, because we will be making the best use of our human resources in the national interest.
his piece was first published in The Fifth Estate on Thursday, 5 April 2018.
Anthony Albanese is the Shadow Minister for Infrastructure, Transport, Regional Development and Cities.
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HANSARD 1803–2005 → 1970s → 1970 → April 1970 → 21 April 1970 → Lords Sitting
HL Deb 21 April 1970 vol 309 cc619-35 619
§ 2.54 p.m.
§ LORD BESWICK
My Lords, I beg to move that this Bill be now read a second time. The Bill will importantly affect the framework within which the agricultural industry will work during the 1970s. I shall touch briefly on the main points and then go into details. The proposed changes affecting structure and investment are of a long-term and fundamental character. The Bill provides for changes in the farm structure schemes to make them more attractive to potential amalgamators and outgoers. These measures are intended, of course, to lead to the formation of larger units, and particularly to provide the new entrant and the smaller farmer with a business large enough to give him a reasonable living. The Bill also provides for a reorganisation of the various schemes for capital grants to the industry. The Government are proposing to take powers to make one simple scheme covering the whole range of farm capital grants.
Secondly, the Bill is intended to improve the quality of the farmer's raw materials. It modernises the protection given to him as a consumer of fertilisers and feeding-stuffs, and brings that protection into line with other recent consumer protection measures. And it takes some major steps forward in the legislation to improve animal health. Thirdly, the Bill provides for improvements in the framework of marketing. In previous legislation the 620 Government have developed a more effective framework for improvements in the marketing of cereals, meat and livestock. The Bill provides such a framework for eggs. The Bill contains two measures of importance to the agricultural worker. It proposes to give him and his family in a tied cottage six months' possession from the time when he ceases employment, unless the farmer can satisfy the court that certain specified conditions are met. The Bill also makes provision for the financing of the Agricultural, Horticultural and Forestry Industry Training Board.
My Lords, I have described the general objectives of the Bill, and I should now like to comment in a little more detail on some aspects of it. Part I of the Bill deals with egg marketing. It gives effect to the domestic element in the Government's decisions on the future marketing and subsidy arrangements for eggs, which were originally announced in January, 1969. These decisions follow from our acceptance of the conclusion reached by the Reorganisation Com-mission for Eggs that in the changing circumstances of the egg industry it would now be right to move to a free marketing system and to phase out the subsidy. Part I therefore provides, first, for an amendment of the Agriculture Act 1957 to enable the subsidy to be phased out by March 30, 1974, and eggs then to be removed from the guarantee arrangements; secondly, for the revocation of the British Egg Marketing Scheme with effect from March 31, 1971, and hence the winding up of the Egg Board; and, thirdly, for the establishment of a new Eggs Authority charged with the duty of improving the marketing of home produced eggs under basically free market conditions.
Your Lordships will recall that the Reorganisation Commission recommended that the Board should be wound up as soon as practicable and the subsidy brought to an end by March, 1972. The Government believe, however, that the industry needs a longer transitional period to make an orderly adjustment to the new conditions. The Board were therefore asked to continue until March, 1971, and we are providing in the Bill for the subsidy to remain until March, 1974. We attach considerable importance to our decision to retain eggs within 621 the guarantee arrangements for this longer period. We can thus make sure that the change is a steady and a smooth one. The revocation of the British Egg Marketing Scheme on March 31, 1971, will lead, as I have said, to the winding up of the Board. The Minister of Agriculture has paid a tribute in another place to the helpful and constructive approach which has been adopted by the Board to the problem of the transition to free market conditions, and I am sure that your Lordships will agree that that tribute was well deserved.
It has I think been generally recognised that the new Eggs Authority will have a very useful role to play. Its powers in relation to market support, market intelligence and quality control at the wholesale stage are likely to be of the greatest importance under free market conditions. There has, however, been some debate on the Government's decision on the financing of the Authority. The Reorganisation Com-mission recommended that the Authority should be wholly financed by levies: on the industry. The Government, however, consider that improvements in the marketing of eggs will be in the general interest as well as in the interests of the industry. We have therefore decided that a Government contribution would be justified. We are therefore providing in Clause 12 for a Government contribution towards the Authority's expenditure on functions other than market support and advertising. That contribution will be at the rate of 50 per cent.
As I have said, in addition to the provisions in the Bill there is a second main element in our policy for egg marketing —the introduction of minimum import prices. We have emphasised from the beginning that we regard these import prices as an integral part of the new arrangements. The necessary powers are available under the Agriculture and Horticulture Act 1964, and, as noble Lords are aware, minimum import price arrangements were introduced with effect from March 31. The necessary Orders were approved in this House last week. I shall, after this Second Reading, invite your Lordships to approve another Order which gives effect to two changes in the basis of the subsidy payments to the Egg Board. The first change is to bring the excess import compensation 622 arrangements to an end. The second change is in the standard quantity arrangements. I am hoping that your Lordships will agree to taking this Order formally after our debate on the Second Reading of this Bill.
Part II of the Bill deals with capital and other grants. Its main provision is to replace the eleven existing farm capital grants by a single, much more simple, general Farm Capital Grant Scheme. The schemes to be replaced are the existing Farm and Hill Land Improvement Schemes, the Field Drainage and Farm Water Supply Schemes, the Ploughing, Orchard Grubbing and Scrub Clearance Grants and the Investment Grants and Supplements; and the new Scheme will also incorporate the grants for remodel-ling works currently made under the Farm Amalgamations Scheme.
The conditions for grants will be considerably simplified and the number and variety of tests and amount of supervision reduced. In particular, we are proposing to focus the scheme on the farm business and to move away from the concept of "the benefit to the land" which is the basis of some of the existing schemes. It has become increasingly apparent that this rule is less fitted to the modern conception of the farm business. We have come to recognise that there is no merit in an objective of self-sufficiency for individual farms as an end in itself. The agricultural industry derives marked benefits from specialisation and this is particularly so in the case of the small farmer. The man who buys his feed is not for that reason to be less encouraged than the man who grows his own. The new scheme will allow those producers who can grow little or none of the feed required for their stock to qualify for the full range of capital grants for the first time. Such producers now have a significant share of the production of some products; many of them have shown that they can make efficient use of resources; and they could make a major contribution to the expansion of production of the livestock, particularly pigs, that we need.
At the same time, we recognise the desirability of having a safety net against the possibility that a few very large producers might make excessive and disproportionate demands on grant funds. We shall therefore continue to apply under 623 a Farm Capital Grant Scheme the ceiling on grant which was introduced concurrently with the recent increase in the rate of the agricultural investment grant on buildings and fixed equipment. The limit, which is subject to review at any time, has been set at £ 100,000 of investment by an individual farm unit over any period of two years, and investment in excess of this limit would not be approved for grant.
Until March 19,1972, when the recently announced special increases in grant rates will end, it is proposed to have a standard rate of grant of 40 per cent. of approved expenditure on the broad range of buildings, land operations, plant and machinery currently assisted under the Farm Improvement Scheme and to extend this rate to all types of producer and to all types of expenditure that can satisfy the simplified set of conditions. It is also intended to pay special rates of grant of 60 per cent. for field drainage, hill land works and facilities currently grant-aided under the Hill Land Improvement Scheme, and for remodelling works in connection with amalgamations and boundary adjustments, and 70 per cent. on field drainage benefiting hill land.
It is not proposed to continue the existing small grant on tractors and self-propelled harvesters. This proposal has caused some concern, but I do not think it has been fully understood that there is no question of reducing the amount of grant going to the industry. We simply intend to use the grant funds to better effect. Even after the special increase in grant rates ends, there would be no reduction in the normal level of total grant payments as a consequence of the unification exercise and there has never been any intention of reducing the amount of grant paid to the industry. Indeed, the industry stand to benefit from the change, since the present tax arrangements would enable the majority of fanners to claim the initial tax allowance in respect of purchases of tractors and harvesters. This would represent a net gain to the industry, equivalent to about half the value of the present 10 per cent. investment grant to those paying income tax at the standard rate. Anyone paying tax at a higher rate would benefit still more.
But there is another aspect of this question. The taxpayer can reasonably 624 ask that the funds he provides should be used to good effect. There is no evidence at all that the grants on tractors have had any significant effect on tractor purchases. We do not expect the substitution of the initial tax allowance for grant to make any significant difference to the number of tractors purchased. But the ending of the tractor grants will allow us to grant-aid a wider range of plant and machinery, such as movable loaders, blowers, augers and plant for mechanised feeding, which can make a major contribution to improved productivity. It will also allow us, as I have said, to assist all those producers, particularly the small men, who can grow little of the food required for extra livestock so that they will be able to obtain grant for the first time in respect of investment to expand their livestock production. And it will allow us to relax a number of the restrictions and conditions imposed under existing schemes. We get over 80,000 applications a year under the existing schemes, so that a very wide range of farmers are likely to benefit from the changes.
These proposals must of course be viewed in the context of the arrangements announced in the Annual Review Statement to make substantial increases in grant rates on the whole range of items to be covered by the Farm Capital Grant Scheme until March 19, 1972. These increases in grant rates will give a major incentive to new capital investment and will themselves constitute a substantial injection of additional capital into the industry, benefiting all progressive producers—large or small.
Turning now to the improvement of farm structure, noble Lords will remember that in the Agriculture Act 1967 we introduced a number of measures to en-courage the voluntary amalgamation of smaller farms. These were our first steps in this field and not surprisingly our experience in operating them has suggested some ways in which they might be improved. The main changes now proposed are: to reduce from 40 years to 15 years the period for which land amalgamated with grant aid must be kept together in agricultural use; to amend the Amalgamations Scheme to take in a wider range of amalgamations and to simplify the treatment of those involving 625 land subject to a settlement or a trust; and to amend the Outgoers Scheme to make it attractive to farmers in a wider range of financial circumstances.
The third main measure in Part II deals with the horticultural grants. These have been kept apart from the other capital grants in recognition of our distinct and separate policy towards the horticultural industry. By raising the upper limit on grant expenditure, Clause 31 fulfils an undertaking given by the Government in 1966 that the necessary funds would be found. We are also pro-posing to simplify the provisions of the Scheme on similar lines to those proposed for the other capital grants.
Part III of the Bill represents an important stage in the development of statutory smallholdings in England and Wales. It follows the thorough examination of the modern purpose of these holdings carried out by the Wise Committee and the detailed consultations we have since had with local authority and farming interests. There is general agreement that smallholdings can do much to help meet the demand for small tenant farms. Part III will enable authorities to make the necessary changes to do this effectively. By requiring them to review their smallholdings and draw up plans for improving the structure of their estates under the general oversight of the Minister, it provides an opportunity to assess the capabilities of the present national smallholdings estate and to place its future development on a sounder economic footing.
Once Ministers have approved these plans, authorities will be free to implement them in their own way. To facilitate this, the closely controlled system of annual contributions towards authorities' losses is being ended. Instead, authorities will be eligible for general farm structure and farm capital grants, and for an initial period for supplementary amalgamation and capital grants for certain smallholdings. Greater independence from Ministerial control is being given in other ways. For example, authorities are being freed from the present controls over their administration of smallholdings and will make their own loans to smallholders. The purpose of all these changes is to help authorities to provide smallholdings capable of 626 giving a good living to their tenants under to-day's competitive conditions.
My Lords, I come now to Part IV, which deals with fertilisers and feeding-stuffs. The effectiveness of the Fertilisers and Feeding Stuffs Act 1926, which Part IV will supersede, has been reduced by the passage of time. We have had long and detailed discussions with the interests concerned to determine the revisions needed to cater for modern requirements. Part IV is the outcome of these discussions. The new provisions have two main themes. They are intended to provide purchasers of fertilisers and feeding stuffs with accurate information to enable them to judge the value of these goods; and they should help to ensure that feedingstuffs are whole-some and free from harmful ingredients. By comparison with the 1926 Act, the new provisions will bring substantial improvements, principally by extending the scope of the legislation to include all types of fertiliser and feeding stuff used in modern farming, by amplifying the information given to purchasers, and by introducing more effective enforcement procedures. These and the numerous other improvements of detail which Part IV incorporates will substantially increase consumer protection in respect of these two important fanning commodities.
Parts V and VI of the Bill provide powers to pay grants to river authorities in England and Wales and to local authorities in Scotland—where there are no river authorities—to encourage the setting up and extension of flood warning systems. Although many river authorities operate limited systems, the severe floods of July and September, 1968, revealed inadequacies. I am glad to say that many river authorities have already responded to the message in this Bill and have prepared plans for new and improved systems. Part VII of the Bill covers a number of miscellaneous matters, and I will mention just a few of them. Clause 99 is intended to extend the protection given to occupants of agricultural tied cottages. We have been concerned to meet their anxiety that loss of the job means the imminent loss of the home. We have therefore provided for a minimum of six-months' security of tenure after the right of occupation ceases. But we have also provided that the period may be reduced on one of 627 four grounds: that suitable alternative accommodation is provided; that the cottage is really needed for running the farm; that the balance of hardship is against the occupant; or that his record of behaviour is against him. We hope that these provisions will be recognised as drawing a fairer balance between farmer and worker than exists at present.
The Bill gives authority in Clause 101 for the arrangements agreed with the industry for financing the Agricultural Training Board in Great Britain through the Annual Farm Price Review, instead of by levy. Clause 102 implements four recommendations made by the Northumberland Committee on Foot-and-Mouth Disease. The main provision is that which gives the Minister powers to carry out ring vaccination should the need for this arise. My Lords, there has been a certain amount of misunderstanding about our intention to ring vaccinate against foot-and-mouth disease. I should therefore like to make it quite clear that we would vaccinate only in the most exceptional circumstances and that this is no more than a power which we shall hold in reserve. We shall continue to eradicate foot-and-mouth disease by slaughter, but in the light of our experiences in the last epidemic we must have contingency plans for ring vaccination in readiness against the possibility —which we hope is a remote one—of an outbreak of disease that threatens to spread rapidly and widely.
Finally, Clause 103 will, I am sure, be of special interest to those in this House who have been expressing increasing anxiety about brucellosis and who have been understandably anxious to step up the measures against this disease. The clause confers the enabling powers that are needed both to start compulsory eradication and to accelerate voluntary registration. Next year's area eradication projects will rest largely upon the pro-visions of the Diseases of Animals Act, but these need some strengthening to meet the special problems of brucellosis. The Government are also seeking all the powers necessary to make payments—in-cluding disbursement by the Milk Marketing Boards of milk premiums— under the new voluntary Incentives Scheme. A broad outline of the Scheme was given in the Annual Review White 628 Paper, but we still have many details to work out and the Ministry of Agriculture has set up a special division to deal solely with problems of brucellosis. Appropriate arrangements are being made in Scotland. Urgent discussions on these matters are being held with the unions, the boards and others, and full details will be published as soon as possible.
There is one other point that I should like to mention. Your Lordships may have seen the announcement made by my right honourable friend on April 9 concerning the action which he proposes to take, subject to consultation with those concerned, on the various recommendations made by the management consultants who have been examining the Ministry's organisation. He then said that he is proposing to unify the professional, scientific and technical services of the Ministry, including an integrated veterinary service. This will call for a small change in existing legislation; and I should like to give notice that we propose to introduce a provision for this purpose at a suitable stage in your Lordships' later consideration of the Bill. My Lords, this is a long Bill, but it is a good one. I beg to move that it be now read a second time.
§ Moved, That the Bill be now read 2a. —(Lord Beswick.)
§ LORD NUGENT OF GUILDFORD
My Lords, may I thank the noble Lord, Lord Beswick, for his interesting and agreeable presentation of the Bill, and assure him that we are going to give it a Second Reading. To start with, let me acknowledge that some of the measures in this long and rambling Bill will bring some marginal benefit to the agriculture industry—if I may say so, the very hard-pressed agriculture industry. But I can-not fail to comment on the contrast between this gentle, rural rivulet of agricultural legislation and the roaring Niagara of fanners' complaints at the present time. In all the forty years that I have been connected with the farming industry I have never seen the farmers so angry and disillusioned as they are now. The fact is that, whatever the benefits of this Bill, they will do little or nothing to relieve the major grievance of the farmer at the present time; his acute shortage of cash to finance his farm and cash to live 629 on. The farmer is smarting under a grievance. He has seen all other sections of the community helping themselves over the last year or two to increasingly large incomes while his income has remained virtually stationary; and that is the basic trouble of the industry.
The point must be made now, when we are being asked to consider a Bill which does something—I agree with the noble Lord—to strengthen and improve the main structure of the industry, that it is going to be of little benefit unless we look at the main cause of the farmers' troubles. The Price Review which has recently been announced goes only a small distance, in the light of rapidly rising costs, to meet the farmers' basic trouble. Simply stated, it is that since 1964 farm incomes have risen by about 12 per cent.—that is, to March of this year—while the incomes of the rest of the community have risen about 38 per cent. When this is corrected to constant figures, the community as a whole have increased their incomes by a net 8 per cent., while the farmers' income has gone down by a net 17 per cent. That is a very poor reward for the industry which has the best industrial record of any industry in the country and among the highest records of increased productivity. It really is a grim outlook for farmers to-day and it cannot but affect the capacity of the industry to respond to the policies of noble Lords opposite which are asking them for increased home production from their farms. Certainly there is little, if anything, in this Bill which will restore the shaken confidence of the farmers in the Government of the day.
The Bill, as the noble Lord stated, starts by removing eggs from the guaranteed price schedule of the 1947 and 1957 Acts. At this point I think that I should declare a strong personal interest. As it would not seem to be of immediate benefit to egg producers, I feel like Socrates, presenting the poisoned chalice to my own lips; but the proposal does, in fact, have my support, the noble Lord, Lord Beswick, will be glad to know. I think that I should make the point, however, that while this action will save the Government approximately £13 million a year by the time it is completed in 1974, at the same time the price of eggs to the housewife in the shops will rise by approximately 3d. to 6d. a dozen, 630 depending on how the market goes. Despite my own belief in the measure, I must record that the National Fanners' Union are 100 per cent. opposed to abolishing the price guarantee for eggs. As the noble Lord, Lord Beswick, knows, they are deeply shocked that a Labour Government, in the light of their electoral pledges in 1966, should be removing this main commodity from the guaranteed price schedule.
The fact that my Party is in favour of the change, and indeed said so in 1966, does not absolve noble Lords opposite from the sin of conscience in which they are involved. We, having declared a different faith, cannot give absolution to noble Lords opposite, any more than a Buddhist can give absolution to a Mohammedan. We have a different faith in these matters, and their sin remains to haunt them, I hope, severely. May I say to the noble Lord, Lord Beswick, who took so much trouble in explaining this proposal, that he has been wise in giving the longer transition of three years that the Commission recommended. I am sure that this is going to be of benefit to all concerned.
The Bill abolishes the present Egg Marketing Board and sets up a new Eggs Authority. I should like, in passing, to pay a small tribute to the Egg Marketing Board, which was born—or should I say hatched—about twelve years ago. I had something to do with its progeniture when I was in the Ministry of Agriculture and I should like to say a word of thanks to the Board for what they have done. When they started to be responsible for the marketing of eggs the position was very different from what it is to-day, and undoubtedly they have served the country well, both producers and consumers. The fact that they are being wound up to-day is no reflection on their ability; it is being done because the situation has basically changed. We have here a commodity which at the drop of a hat could be doubled in quantity in twelve months, and therefore, in my judgment, it is quite unsuitable to maintain a Government guarantee for it. This will tend, I was going to say in the long run but even in the short run, to disturb the balance between supply and demand and therefore the turn of the market; and so I am sure that what is proposed is the right move. I hope that that will 631 be some consolation to the noble Lord, though I cannot give him absolution.
Turning to the new Eggs Authority, I have some critical words to say. In my judgment its financial structure is not a happy one, even though the Government are prepared to pay half the administrative expenditure. I take the point made by the noble Lord that the Commission recommended that the whole of the financing of the new Eggs Authority should be found from the industry, but, with all respect to the excellent job they did, I do not believe the Commission understood just what it means to take a commodity out of the price guarantee sys-tem. This, to the fanning world, as the N.F.U. have shown, is traumatic, and therefore it is not reasonable to set out to require the industry to pay half the administrative expenses, as this Bill does.
The half that producers have to pay is to be raised by a levy on the registered producers. I should have thought that after the Government's experiences of raising a levy from farmers for the Agricultural Industry Training Board they would have hesitated to set up an-other levy-raising scheme on farmers. In Clause 111 of this very Bill the Government have accepted that they cannot raise the levy. They have capitulated, very wisely in my judgment, and from now on, because farmers by their tens of thousands refused to pay levy, the Government are going to pay it out of the Agricultural Price Review and finance it in that way: and very sensibly, too. But here they are setting out again in the hope that this new Eggs Authority—this poor little newly-hatched chick—is going to raise half of the money for its administrative expenses by this levy. My word, the Government are going to run into trouble! It seems to me a little rash that they should be starting out like this, and against the background of a saving of £13 million a year to the taxpayer. I should have thought that it was prudent and decent that the Government should have said to themselves that, as it was going to cost only a few hundred thousand pounds a year to run this new Authority, they would pay for it out of the very big saving they were going to make to the whole Exchequer. They have not done so.
632 That is bad enough, but there is worse to follow. Clause 3 of the Bill provides that the new Eggs Authority may operate as a reserve buyer of eggs and may enter into the processing business. For this, the Government do not pay half; the producers pay 100 per cent. The re-serve buying of eggs is a risky business and likely to be a very expensive one. It is likely to cost the Eggs Authority, if they ever do such a thing, several millions a year. A levy for this purpose would be a significant amount falling on registered producers. Yet in this Bill there is not one syllable requiring consultation with the producers. The Eggs Authority, not elected by the producers but 100 per cent. appointed by the Minister, will decide entirely on their own discretion if a scheme to raise a levy for this purpose of trading in eggs is to be introduced, and the Minister will then make an Order to be approved by Parliament. I can only suppose that the authors of the Bill imagine that the Government of the day would then exert their majority in the Lobbies and the scheme would become law. But in practice it is likely to be different from that. The outburst there would be from the producers up and down the country would be such that every Member of Parliament in the Opposition of the day, and I should think a good many on the Back Benches of the Government of the day, would be there to shout at and attack the Minister for such an undemocratic process. I believe that the Minister of Agriculture of the day would react so strongly that he would rue the day that this scheme had ever been thought out. It is the most impractical arrangement that one could possibly have. I can only imagine that the admirable Minister who is there to-day foresees a future when he will not be there and somebody else will have to do this. But it would be a time bomb to leave for another Government if there was a change at the next Election.
The principle on which this Parliament is founded is no taxation without representation. Yet this is just what this is. Here it is proposed to raise quite a sizable levy from these hundreds of thousands of producers without giving them any say in it at all. This proposal completely breaches the principle on which all our business is done. Further-more, in the context of the Agricultural 633 world, it is in breach of the spirit of the Agricultural Marketing Acts, which cover a number of farm commodities. Invariably these Acts for the different commodities which they cover provide machinery for consulting producers.
I should interpose that, frankly, I am doubtful about the wisdom of this kind of trading for an Eggs Authority. On the whole, I think that it may do more harm to the market than good. But this is a matter of opinion. My belief is that when you are getting back to a free market it is better to let surpluses work themselves out by the natural movement of the market. Be that as it may, my advice is that if the Government want to keep this provision in the Bill they should provide machinery for a poll of registered producers; and if the Egg Authority in the future wish to intro-duce such a scheme, then the authority can consult the producers by means of a poll and find out if they want it put on, if they thought it would be for their benefit. What I am saying now applies particularly to the period after March, 1974, when the transitional arrangements will have completely run out. Let me say that I intend to put down Amendments on the Committee stage to provide for a poll for these purposes, and I very much hope that the Government will accept it. I am sure that such an arrange-ment would be very acceptable to the industry.
Similarly, but to a far lesser extent, Clause 8 empowers the new Eggs Authority to engage in schemes of national advertising. Again I would advise a poll first. National advertising for a commodity is a doubtful business. It is quite expensive—it costs at least £1 million a year, and probably more—and many people consider that it will be better for a commodity to advertise new brands rather than to try to promote the commodity as a whole. Certainly this is my view. But if the producers have to pay 100 per cent. for it, then ask them first; and if they want it, they can then pay. My Lords, I have spent some time on Part I of the Bill because it is of fundamental importance to this large section of the farming world which produces something between £100 million and £200 million worth of eggs per annum, but I do not intend to spend very long on the remaining Parts of the Bill.
634 Part II of the Bill, as the noble Lord, Lord Beswick, has explained, abolishes all existing statutory rates of capital grants for agriculture and gives the Minister power to make schemes varying the rates of grant from time to time, item by item. Previous Acts have laid down statutorily what the rate should be—33⅓ per cent. for fixed equipment on the farm, 50 per cent. for land drainage and so on. There could be dangers in leaving the whole of this to the Minister's discretion. There was some advantage in farmers' knowing specifically what the rates would be because they were written into the Act of Parliament. Indeed, the Minister's original intention, which was to set the basic rate at 30 per cent., illustrates, I think, just what this danger is. I am glad to say that my right honourable and honourable friends in another place resisted this so vigorously and so success-fully in the interests of the farmers that on Committee stage in another place the offending Clause 29 was taken out of the Bill. This gave the Government time to reconsider the situation, and by the time that they came to the Report stage they put the basic rate up to 40 per cent. At this level, of course, it became more acceptable. This is a slightly different version from what the noble Lord, Lord Beswick, gave, but I am sure that noble Lords on this side of the House will wish to congratulate our right honourable and honourable friends in another place.
We are still not entirely happy about the Government's intention to exclude combines and tractors, and this is a point that we should like to discuss on the Committee stage. But with the new basic rates so substantially improved, I cannot quarrel with the basic principle. May I gust add that the noble Lord, Lord Beswick, dealt with the fact that the Government intend to remove the 50 per cent. homegrown feed test as a qualification for grants for fixed equipment on the farm? I have a personal interest in this subject, but if I can remove that interest from my mind I believe that they are right. This is the trend of livestock keeping to-day. For better or for worse, livestock are being kept in larger and larger units, and it is only realistic, in my view, that the Government should do what they are doing.
The Bill then rambles on through an-other 70-odd clauses, discussing many 635 things, like the dialogue between the walrus and the carpenter—"Shoes and ships and feedingstuffs; and foot-and-mouth and rings"—but, alas! no succulent morsels of oysters to reward us at the end of our long journey. Smallholdings, feedingstuffs and fertilisers claim some 50 clauses of the Bill. All I should like to do on that is to convey my warm thanks to Professor Wise and his admirable Committee for their Report on the smallholdings. I have no other comment to make. Grants for flood warning systems are welcome. They would have been even more welcome a year or two ago, when most river boards were setting up such systems. But still, as I say, the scheme is welcome.
Clause 99, with which the noble Lord dealt with his customary cogency, changes the security of tenure for farm cottages from the Government's "last word" on the subject in 1965—and they declared that it was their last word on it in 1965. In my judgment this is really falling a little below the level of responsible government, even in Election year. We shall certainly want to discuss this point on Committee stage. The two clauses on diseases of animals, to which the noble Lord referred, will both be welcomed by me. Clause 102 gives the Minister power to implement some of the Northumberland Committee's recommendations on foot-and-mouth; and Clause 103 gives the Minister power to take the next step in brucellosis eradication. We should like on Committee stage to discuss both of these matters: they are of great interest, and I suspect that there may be more than one view on the brucellosis scheme. But my advice would be to accept it as a useful step forward.
This Bill, which includes almost every-thing, concludes, astonishingly, by giving the Northern Ireland Parliament powers to deal with injurious weeds. Even that will have my support if it includes some-thing to check the growth in Northern Ireland of wild parsley—give or take an "r" for an "i", or a tooth for a tooth. My Lords, I support the Bill warmly.
Back to BUSINESS OF THE HOUSE
Forward to CIVIL SERVANTS AND OPPOSITION LEADERS
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Haider al-Abadi
Greg Hicks
Kushner, Dunford meet with Iraqi prime minister
Jared Kushner, U.S. President Donald Trump's son-in-law and senior adviser, arrives at the Ministry of Defense, in Baghdad, Iraq, Monday, April 3, 2017. Kushner, flew to Iraq with the U.S. Joint Chiefs of Staff chairman Gen. Joseph Dunford on Monday. (AP Photo)
BAGHDAD (AP) — President Donald Trump’s son-in-law and senior adviser, Jared Kushner, and Joint Chiefs of Staff chairman Gen. Joseph Dunford met Monday in Baghdad with Iraqi Prime Minister Haider al-Abadi.
The visit marks an early foray for the Trump administration into the situation in Iraq. It comes against the backdrop of an ongoing investigation into civilian deaths in an area of Mosul near the site of an air-strike by U.S.-led coalition forces last month.
Dunford invited Kushner and Thomas P. Bossert, a presidential assistant for homeland security and counterterrorism, on the trip to meet with Iraqi leaders and U.S. forces and receive an update on the fight against the Islamic State group. Capt. Greg Hicks, a spokesman for Dunford, said Kushner was “traveling on behalf of the president to express the president’s support and commitment to the government of Iraq and U.S. personnel currently engaged in the campaign.”
The meeting with al-Adabi came after some confusion regarding Kushner’s whereabouts Monday morning.
Kushner’s travel plans initially were revealed late Sunday by a Trump administration official who said Kushner wanted to see the situation there for himself and show support for Baghdad’s government.
The official said Kushner had already arrived. But when presented with information indicating that was not accurate, the official said the timing of his arrival was unclear but confirmed that Kushner was scheduled to be in Iraq on Monday. Such visits from high-ranking officials are typically kept secret out of security concerns.
The administration official who provided the information late Sunday wasn’t authorized to speak about confidential meetings by name and demanded anonymity.
Kushner’s West Wing portfolio is robust. He has been deeply involved with presidential staffing, recently launched a task force meant to modernize government using lessons drawn from the private sector, and has played the role of shadow diplomat, advising on relations with the Middle East, Canada and Mexico.
And though Kushner had no previous diplomatic or government experience, Trump also tasked him with trying to broker a peace agreement between Israel and the Palestinians.
“If you can’t produce peace in the Middle East, nobody can,” Trump told Kushner at a gala a few days before his inauguration.
Kushner was also the latest Trump associate to be swept up into the ongoing probe into contacts with Russian officials. The White House confirmed last week that he had volunteered to be interviewed by the Senate intelligence committee. North Carolina Sen. Richard Burr, the committee’s chairman, said that Kushner would likely be under oath and would submit to a “private interview” about arranging meetings with the Russian ambassador and other officials.
Kushner is married to Trump’s oldest daughter, Ivanka. He was expected to have a major role in meetings later this week between Trump and Chinese President Xi Jinping at Trump’s winter retreat in Palm Beach, Florida.
His visit came just two weeks after al-Abadi said he was assured by the president the U.S. will accelerate its support for his country’s struggle against the Islamic State group.
Al-Abadi met with Trump and Kushner in Washington recently and said he had the impression that the United States would take a more aggressive approach, although he did not say what that might entail.
Defense Secretary Jim Mattis recently presented Trump with the outlines of a comprehensive approach to defeating IS and other extremist groups on a global scale, but specifics have yet to be worked out. Officials have indicated that the approach is unlikely to depart radically from the Obama administration’s strategy, at least with regard to ongoing efforts in Iraq and Syria.
Iraq was part of the Trump administration’s original travel ban but was removed from the revised version after a request from the Pentagon and the State Department highlighting Iraq’s key role in fighting the Islamic State. The second travel ban, which restricts immigration from six Muslim-majority countries, has been halted by a federal court. The U.S. Justice Department has announced an appeal.
Associated Press writers Jonathan Lemire, Lolita C. Baldor, Vivian Salama and Catherine Lucey in Washington contributed to this report.
Follow Lemire on Twitter at http://twitter.com/@JonLemire
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Sports - Asia
Yuzuru Hanyu
Nathan Chen
Frida Hansdotter
The Latest: Shiffrin misses, Hansdotter wins gold on Day 7
Mikaela Shiffrin, of the United States, talks to the media after her first run of the women's slalom at the 2018 Winter Olympics in Pyeongchang, South Korea, Friday, Feb. 16, 2018. (AP Photo/Charlie Riedel)
GANGNEUNG, South Korea (AP) — The Latest on the Pyeongchang Olympics (all times local):
Mikaela Shiffrin finished a disappointing fourth in women’s slalom while Sweden’s Frida Hansdotter won gold on Day 7 of the Pyeongchang Olympics.
Japanese figure skater Yuzuru Hanyu set an Olympic record in the men’s figure skating short program, while American Nathan Chen missed on all his jumps and plummeted to 17th place.
Matthias Mayer broke Norway’s 16-year grip on the men’s super-G title.
In skeleton, Yun Sungbin of South Korea dominated to win gold and become a hometown hero. He finished 1.63 seconds ahead of silver medalist Nikita Tregubov of Russia. It’s the largest margin of victory in Olympic skeleton history, and the largest margin in any Olympic sliding event since 1972.
Eeli Tolvanen has scored twice to help Finland rally past Norway 5-1 in a hockey preliminary round game and set up a showdown with Sweden.
Norway’s Patrick Thoresen scored an early power play goal, but Finland equalized when Tolvanen scored at 16:36 on the power play with Mattias Norstebo off for tripping.
Tolvanen scored again just 5:32 into the second and the Finns broke the game open early in the third with two more goals, including a long-range strike from Sami Lepisto, who beat screened Norway goalie Lars Haugen.
Viktor Stalberg scored on a near-breakaway early in the first period to lead Sweden past Germany 1-0 in a hockey preliminary round game at the Winter Olympics.
Patrik Zackrisson found a streaking Stalberg with a clearing pass and the 32-year-old veteran of eight NHL seasons rocketed the puck over the stick of German goalie Timo Pielmeier just 2 minutes into the game.
The game was heated at times, with a scrum in front of the benches at the end of the first period. Both goaltenders dodged close calls throughout and the hard-luck Germans found the post on multiple shots, with another clanging off the crossbar early in the second period before falling harmlessly to the ice in front of the net.
Sweden (2-0) will face Finland (2-0) in a Group C showdown on Sunday. Germany will play Norway in a matchup of two teams looking for their first win of the tournament.
Robert Johansson carried his hot form into the men’s large hill ski jumping final at the Pyeongchang Olympics.
The mustachioed Norwegian, with his trademark red handlebar mustache, led Friday’s qualifying with 131.9 points after a leap of 135 meters at Alpensia Ski Jumping Center.
Johansson won the bronze in the normal hill on Saturday and put himself in good position for another medal in Saturday’s large hill final.
Japanese teenager Ryoyu Kobayashi had the longest jump of 143.5 meters but was marked down on his landing and he finished third behind Norway’s Johann Andre Forfang.
Andreas Wellinger, who won the normal hill gold, was fourth and defending Olympic champion Kamil Stoch was seventh.
Friday’s qualifying was held to reduce the number of jumpers to 50 for the final.
Japanese veteran Noriaki Kasai, who is competing in his record eighth Olympics, was 22nd, and Kevin Bickner of the United States qualified 35th.
Hanna Huskova has given Belarus its second gold medal in women’s aerials.
The 25-year-old narrowly edged China’s Zhang Xin in a windy finals Friday at the Pyeongchang Olympics. Huskova posted a score of 96.14 in the final round of jumping, just ahead of Zhang’s 95.52.
China’s Kong Fanyu took bronze in a sloppy last round. Huskova and Zhang were the only two women in the six-person final to land their jumps cleanly.
Alla Tsuper won gold for Belarus in Sochi four years ago and finished fourth in Pyeongchang. Australian Laura Peel was fifth and American Madison Olsen was sixth.
Gold medal favorite Xu Mengtao of China washed out in the second round and failed to advance to finals. China now has seven medals in the event since it made its Olympic debut in 1994 — but no golds.
Dutch speedskater Esmee Visser has won gold in the women’s 5,000-meter race at the Pyeongchang Olympics.
Visser finished Friday in 6 minutes, 50.23 seconds.
Two-time defending champion Martina Sablikova of the Czech Republic took silver in 6:51.85.
Russian Natalia Voronina earned bronze in 6:53.98.
Claudia Pechstein of Germany finished eighth. She is a three-time champion in the 5,000 meters.
The Dutch have won six of seven golds so far in speedskating. Their only miss was in the men’s 10,000 meters in which they took silver.
American Carlijn Schoutens finished 11th of 12 skaters.
Russian hockey players are looking a little more like the men’s gold medal favorites.
Minnesota Wild prospect Kirill Kaprizov scored a hat trick as the Russians playing under the Olympic flag demolished Slovenia 8-2 on Friday.
For the Russians, it was a rebound from a surprise 3-2 loss to Slovakia on Wednesday. For Slovenia, it was a return to Earth following its 3-2 overtime win against the United States.
It was the largest margin of victory in an Olympic men’s hockey tournament since Canada beat Austria 6-0 in 2014. The Russians will next play the U.S. on Saturday in a game likely to determine who finishes top of the Group B standings.
Tongan cross-country skier Pita Taufatofua has finished the 15-kilometer individual race at the Pyeongchang Olympics — and he didn’t even hit a tree.
The 34-year-old Taufatofua, best known for participating in the last two Olympic opening ceremonies without a shirt, says he was pleased he didn’t fall on the course Friday, particularly in the final 100 meters in front of the grandstand.
As he was nearing the finish line, Taufatofua thought to himself, “Please God, not in front of everyone — don’t give me my first fall.”
Taufatofua finished 114th of 119 competitors. Two racers finished behind him, and three others either did not finish or were disqualified.
Race winner Dario Cologna of Switzerland says Taufatofua represents what the Olympics are all about.
There’s been a rare bit of controversy at the Canada vs. Denmark women’s curling match over what’s known as a burned stone.
The moment happened in the fifth period of Friday’s game. A Danish player touched a stone in motion with her broom. That is a foul known as a burned stone.
When burned stones occur, the captain, or skip, of the opposing team has three choices. They can ignore the foul, put the stones in the position they think they should be in or remove the stone from play.
Canada’s skip Rachel Homan removed the stone from play. Canada went on to score four points, taking the lead.
Canada ended up losing the game. Homan later defended her decision to remove the stone, saying it’s “just the rules.”
How much was it worth to Seoul for hundreds of North Koreans to attend the Pyeongchang Winter Olympics? Try $2.5 million.
According to South Korea’s Unification Ministry, that’s the record amount the nation has allotted to pay the bills of more than 400 North Koreans at the Winter Games. Only 22 of those people were athletes.
The North’s performers — a 140-member orchestra with vocalists and dancers, an all-female 229-member cheering squad and a demonstration taekwondo team — have been a major attraction at and around the games.
That’s because their presence itself is seen as a sign of eased tensions after a rough year and because of the exotic appeal they have due to the general isolation of their country.
Russian President Vladimir Putin isn’t at the Pyeongchang Olympics, but his likeness was briefly watching over Russian hockey players.
During a game between Slovenia and Russian athletes Friday, fans in one corner of the Gangneung Hockey Centre unfurled two large banners featuring Putin’s face.
After around 10 minutes, arena security and police intervened and the banners were rolled up.
One read, “No one is stronger than Russia in winter sports,” and the other seemed to be a message of support from Korean practitioners of the Russian martial art of sambo. It wasn’t immediately clear who had brought them in.
The International Olympic Committee takes a dim view of anything that could be construed as political advertising, and the Russians are already on thin ice because of the doping scandal.
Switzerland’s Dario Cologna has become the first cross-country skier to win three Olympic gold medals in the same event by capturing the 15-kilometer freestyle.
“Super Dario” as he’s known, also won this race in Vancouver in 2010 and Sochi in 2014.
His three-peat gives Switzerland its first gold medal of the Pyeongchang Olympics.
Cologna won the race in 33 minutes, 43.9 seconds, more than 18 seconds ahead of the Simen Hegstad Krueger from Norway. Krueger took second place to give the Norwegian men their first medal in this event since 2002.
Denis Spitsov of Russia finished in third place. It was Krueger’s second medal of these Winter Games. He also won a gold medal in the skiathlon.
At the Pyeongchang Olympics, Americans are embracing curling for its chess-like strategy and oddball factor. American curlers Matt and Becca Hamilton, siblings from Wisconsin, have been particularly popular with U.S. fans.
Americans in general are slowly growing to love curling. The number of U.S. curling clubs registered with the national organization USA Curling has nearly doubled since 2000.
While their Canadian neighbors have long revered the game of roaring rocks and feverish sweeping, Americans have generally derided the sport as a bit dull.
But that’s changing. Curling in the U.S. was once relegated to the upper midwest and small pockets of New England, it has expanded to many southern and western states. Even Hawaii has a curling club.
Figure skater Nathan Chen is at a loss for words trying to explain where his Olympic short program went awry, one that left the American medal contender fortunate just to qualify for the free skate.
In fact, Chen was at a loss for what to do next.
He says, “Things just didn’t click together.”
After crowd-pleasing performances from teammates Adam Rippon and Vincent Zhou, the 18-year-old Chen failed to cleanly land a single jump in his high-flying short program. The best hope for an American figure skating gold medal fell Friday on his opening quad flip, stepped out on a quad toe and triple axel, and never could work a missed combination back into his shaky program.
The result was a score of 82.27 points, which put him in 17th place.
The IOC has expelled one of the only members who has been critical of its policies from the Pyeongchang Olympics over an altercation with a security guard.
Adam Pengilly, a vice president of the International Bobsled and Skeleton Federation, apologized and acknowledged running through the security checkpoint at his hotel and swearing Thursday. He denied accusations that he pushed the guard.
Pengilly, who is British, was one of only two IOC members who didn’t support allowing Russians to compete at the Winter Games.
Reporters pressed IOC spokesman Mark Adams to explain the rapid expulsion Friday. He says it was because it happened during the games and because Pengilly acknowledged his behavior.
There are two other IOC members facing serious criminal charges who have been allowed to take part in Olympic activities. Adams says that’s because their cases are “in process.”
Pengilly competed in skeleton at the 2006 and 2010 Winter Olympics. He has been one of the few members critical of IOC President Thomas Bach’s decision to let Russian athletes participate in the Olympics. Pengilly’s term was to have ended on Feb. 25.
The International Bobsled and Skeleton Federation says it issued an apology to Pyeongchang officials for Pengilly’s behavior.
College players have led the United States to an important 2-1 victory over Slovakia in group play at the Pyeongchang Olympics.
Ryan Donato scored two power-play goals and Troy Terry dominated with his speed.
Donato, who plays for his father Ted at Harvard, delivered the kind of offense USA Hockey wanted when it picked four NCAA players for its no-NHL Olympic roster.
Donato, Terry and American Hockey League scoring star Chris Bourque were all additions to the U.S. after the pre-Olympic Deutschland Cup in November, during which the U.S. struggled to score, particularly against Slovakia goaltender Jan Laco.
Defending champion Yuzuru Hanyu of Japan has won the Olympic men’s short program with a games-record 111.68 points.
Spain’s Javier Fernandez was second at 107.58. Hanyu’s countryman Shoma Uno was third at 104.17, followed by China’s Jin Boyang at 103.32.
Hanyu missed two months of training with an ankle injury and only recently returned to full practices. No matter, as he hit every element of a highly difficult program with precision and grace.
Two-time U.S. champion Nathan Chen, a pre-games favorite, missed on all his jumps, plummeting to 17th place with a tentative and passionless showing.
Fellow American Adam Rippon was seventh without attempting a quad in what was an intense jumping contest.
Frida Hansdotter of Sweden has held off American Mikaela Shiffrin and a tightly bunched field to win the Olympic slalom title at the Pyeongchang Games.
Shiffrin wound up fourth after medaling a day earlier in the giant slalom. She won the slalom title four years ago in Sochi at age 18.
Hansdotter was in second after the first run, then powered through the sun-splashed course on her final run to finish in a combined time of 1 minute, 38.63 seconds.
First-run leader Wendy Holdener of Switzerland was second and Katharina Gallhuber of Austria earned a surprise bronze.
Italy’s Michela Moioli has won the gold medal in Olympic women’s snowboardcross. She overtook American Lindsey Jacobellis about halfway down the course, then beat the rest of the field to the finish line.
Jacobellis finished fourth, continuing her hard-luck career at the Olympics. The world’s most decorated rider, Jacobellis has failed to return to the podium since settling for silver after an ill-advised jump in 2006 while she was clear in the lead.
Julia Pereira de Sousa Mablieau of France took silver this time, and defending champion Eva Samkova of the Czech Republic got clipped from behind and skidded across the line for bronze.
Jacobellis had about a two-body-length lead on the field when Moioli overtook her on a curve. Samkova drafted behind and pushed Jacobellis out to the edge of the course and, from there, she couldn’t gain any ground.
The Swiss Olympic team says norovirus was detected in two of its athletes in recent days at the Pyeongchang Games.
The Swiss team did not identify the athletes Friday but said they haven’t been staying in the main Olympic village.
The team says they no longer have symptoms of the virus and should compete in their events.
The athletes were immediately taken to single rooms and treated by team doctors. They have not had contact with other competitors.
Matthias Mayer of Austria has won the Olympic men’s super-G, breaking Norway’s 16-year grip on the title.
Mayer won the speed race by 0.13 seconds ahead of Beat Feuz of Switzerland, who added the silver medal to his bronze from downhill on Thursday.
Defending champion Kjetil Jansrud of Norway was third, 0.18 behind Mayer. It’s Jansrud’s fifth career Olympic medal after getting downhill silver.
Norway had won the past four Olympic men’s super-G races, since the 2002 Salt Lake City Olympics.
Aksel Lund Svindal, the 2010 Olympic champion in super-G, placed fifth the day after taking Mayer’s downhill title.
It’s been an interesting week for Mayer. He crashed into a course-side television cameraman Tuesday in the slalom leg of the combined event.
Happy new year, Yun Sungbin.
On a national holiday in Korea — the start of a lunar new year — Yun became a national hero, winning gold in the men’s skeleton event at the Pyeongchang Olympics.
His four-run time of 3 minutes, 20.55 seconds was 1.63 seconds ahead of silver medalist Nikita Tregubov of Russia. It was the biggest victory margin in Olympic skeleton, topping 1948, when Italy’s Nino Bibbia topped Jack Heaton of the U.S. by 1.4 seconds in a six-heat race.
Dom Parsons of Britain was third.
For the U.S., 2014 Olympic bronze medalist Matt Antoine was 11th and three-time Olympian John Daly was 16th.
Mikaela Shiffrin says she felt sick to her stomach and was “kind of puking” before her first run in the Olympic slalom.
Shiffrin told NBC during a brief interview that “it almost felt like a virus” and “less about nerves.”
The 22-year-old American had the fourth-fastest time in the opening run. The second run is later Friday.
Shiffrin won the giant slalom on Thursday.
More AP Olympic coverage: https://wintergames.ap.org
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Liberal justices prevail in high-profile Supreme Court cases
ring shows Tennessee Associate Solicitor General Joseph Walen arguing before the Supreme Court hearing on same-sex marriage in Washington. Justices, from left are, Sonia Sotomayor, Stephen Breyer, Clarence Thomas, Antonin Scalia, Chief Justice John Roberts, Anthony Kennedy, Ruth Bader Ginsburg, Samuel Alito Jr., and Elena Kagan. (AP Photo/Dana Verkouteren, File)
WASHINGTON (AP) — The Supreme Court term that is nearing its end shows how silence can signal success.
With a notable paucity of dissents and not a single word to say about same-sex marriage, health care or housing discrimination, the court’s liberal justices prevailed in almost every important case in recent months.“It looks like the ground under First Street is slightly tilted to the left,” said Carrie Severino, a former law clerk to Justice Clarence Thomas and a conservative commentator, referring to the court’s address.The four liberal justices — Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor — were content to sign on to Chief Justice John Roberts’ opinion that preserved a key piece of President Barack Obama’s health care overhaul.
They similarly joined Justice Anthony Kennedy in his clarion-call opinion that gave same-sex couples the right to marry across the country and in another 5-4 ruling that upheld an important tool used by the Obama administration to win hundreds of millions of dollars in settlements of claims of housing discrimination.
Their conservative colleagues criticized each other — Scalia even asserted in his same-sex marriage dissent that California native Kennedy is not a true Westerner — and thundered on about the unchecked power of unelected, life-tenured judges. But the liberals spoke not a word.
And there were more victories in cases divided mainly along ideological lines.
The justices sided with a woman who claimed her employer discriminated against her because she was pregnant. They struck down a provision that would have allowed Americans born in Jerusalem to list Israel as the country of birth on their U.S. passports. They upheld regulations limiting the ability of candidates for elected judgeships to personally solicit campaign contributions. They tossed out a Los Angeles ordinance giving police the right to inspect hotel guest registries at a moment’s notice.
Early in Roberts’ tenure as chief justice, Breyer let his frustrations show at the end of a conservative-dominated term when he said “so few have so quickly changed so much.”
This year, Breyer did not dissent from any opinion until mid-June and has so far disagreed with the outcome in only a handful of cases.
Three cases remain undecided with the court scheduled to meet Monday for the final time until the fall.
It’s possible that those cases — involving lethal injection, congressional redistricting and environmental regulations — could produce conservative majorities, but that would not alter the overall view of the term.
Jim DeMint, the president of the Heritage Foundation and a former Republican senator from South Carolina, said in an email to supporters, “Even the Supreme Court, which like the president and the Congress is obliged to uphold the Constitution, has in the span of two days issued rulings on marriage and Obamacare that undermine the rule of law and ignore the Constitution.”
There’s a game Supreme Court observers play that is best described as, “Whose court is it, anyway?” The answer in recent years: either Roberts’ or Kennedy’s.
It may be more accurate to say that it’s virtually impossible to get anything done at the Supreme Court without either of those justices on your side.
It happened just once this term, when Justice Clarence Thomas and the liberal four sustained Texas’ refusal to issue a license plate bearing the Confederate battle flag.
At least since Justice Sandra Day O’Connor’s retirement in 2006, Kennedy often has been the decisive vote in closely contested cases. In addition to cementing his legacy, 20 years in the making, as the court’s champion of gay rights, Kennedy has sided with the liberals in limiting the application of death sentences and affirming the right of Guantanamo detainees to court hearings.
His opinion in the housing discrimination case aside, he more typically votes with the conservatives in civil rights cases involving race. Kennedy also was part of conservative majorities in landmark cases in favor of gun rights and striking down campaign finance restrictions.
Roberts has been on the same side in all these cases, but his single, momentous vote in 2012 to uphold the health care overhaul has altered perceptions of him. That was the first time that Roberts joined with the four liberals in a 5-4 ruling.
He did so again in the case about judges and campaign contributions. On Thursday, Roberts and Kennedy voted in favor of the nationwide tax-credit subsidies that underpin the health care law.
“One thing that’s clear about Roberts is that he is very concerned about the court as an institution, its perception and its institutional legitimacy,” said Brianne Gorod, appellate counsel at the liberal Constitutional Accountability Center.
Roberts, though, was in dissent in the same-sex marriage case and chastised Kennedy for overstepping judicial authority.
Severino was struck by Roberts’ language. “I found it a little ironic to read some of his criticism in dissent about the court overstepping its authority when I feel like that’s exactly what he was doing the day before,” in the health care case, Severino said.
Most court watchers are unwilling to read too much into the results of one term because they are so dependent on the mix of cases that are before the justices.
“It seems fair to say that the court tilted in a more liberal direction this term,” said veteran Supreme Court lawyer Carter Phillips. “Whether that reflects a real shift or just a blip is anybody’s guess.”
Follow Mark Sherman on Twitter at: http://www.twitter.com/shermancourt
Tags: Government policy, Gun politics, National governments, Political issues, anthony kennedy, Barack Obama, Campaign contributions, campaign finance, campaigns, Clarence Thomas, Courts, Discrimination, elections, Elena Kagan, family issues, gay rights, Gays and lesbians, Government and politics, Health care policy, health care reform, Human rights and civil liberties, Jim DeMint, john roberts, Judiciary, Liberalism, marriage, National courts, Political fundraising, Ruth Bader Ginsburg, Same Sex Marriage, Sandra Day O'Connor, Sexual orientation discrimination, Social affairs, Social issues, Sonia Sotomayor, Stephen Breyer, Supreme Court of the United States, Supreme courts, United States government, United States Supreme Court decisions
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Tag Archives: lazio
by At The Rails | September 13, 2011 · 10:47 pm
AC Milan: Il Diavolo is in the Details
C'mon Thiago, give us a kiss...
One club is considered the best in the world; the other is a team that has found its way back to the top of its domestic league. Both were surprised this weekend by so-called lesser sides. Tonight, it was Barcelona that showed its quality over AC Milan. Unfortunately for Barca, the scoresheet didn’t reflect it.
Two goals by Milan’s Brazilian stars bookended the game and stole a point for the Rossoneri. The World Champions dominated up until that point: Barcelona had 80% possession at the 75th-minute mark… a calling card for the Catalonians. Gaffer Pep Guardiola says he’s not worried… nor should he be.
It’s the Italian club that should be wringing its hands. The consensus is that AC Milan will have a tough time defending the scudetto… and judging by their last two performances, they may prove the pundits right. Not only did Barca’s tiki-taka have Milan on the back heel for most of the match, but the Italian champs kicked off the Serie A season on Thursday by having to fight back against a new-look Lazio. Add the Roman club to Milan’s growing list of league rivals:
– Internazionale is aging but still potent.
– Juventus may be an Old Lady, but she may find a sabbatical from Europe rejuvenating.
– Udinese was the better team against Arsenal in CL qualifiers, and could build on last year’s success.
– The South seems to be rising again with Palermo beating Inter 4-3 (again, the Nerrazzurri looked slow and old)… and Napoli being picked as a dark horse for the title.
Zlatan the Terrible
And while he didn’t play tonight, Milan still has its good luck charm: Zlatan Ibrahimovic. Every team he has played on since 2004 has won its domestic title (if you include Juventus’ revoked trophies). He is a big, black belt-wearing nutter who has a goals-per-game average of at least 50% in the last six seasons. Plus, NOW he’s eating his Wheaties.
Filed under Champions League, Serie A
Tagged as ac milan, Alex Pato, barcelona, inter milan, internazionale, lazio, napoli, nerazzurri, old lady, palermo, Pep Guardiola, rossoneri, scudetto, serie a, Thiago Silva, Udinese, zlatan ibrahimovic
by At The Rails | December 7, 2010 · 12:41 pm
Il Sud Rises Again
Very Neapolitan: An Uruguayan and an Argentine, playing in Italy.
Ask most Italian football fans about their favourite teams, and the usual suspects are mentioned: Juventus, Roma, Lazio, AC Milan, or Inter Milan. These have been, without question, the top dogs of Serie A for the last two decades. All of these teams have one thing in common: they are based in the wealthier northern or central regions of the country. In recent times, southern Italy was considered the wasteland of Italian football. Until now that is.
Not since the days of Diego Maradona has southern Italy fielded a competitive team for the Champions League, and maybe even the Scudetto. For the first time in ages there are two such teams in the south, both with a real shot at fourth place or higher.
Naples is once again full of optimism as Napoli currently sit tied for third and Sicily is equally thrilled now that Palermo are tied for fifth with Sampdoria, Roma, and mighty Inter. Napoli look to have developed quite a strike force, with Edinson Cavani and Ezequiel Lavezzi popping in a combined 13 goals this season. Add in the sublimely talented midfielder Marek Hamsik (who has 6 goals himself), and the pizza capital of the world looks to have a team that has come of age.
A Sicilian kiss-off would cost 70 million Euros...
Palermo’s rise can be attributed to the wonderful play of Javier Pastore, who is perhaps the most sought after young player in Serie A. Rumours are awash that both Barcleona and Real Madrid are very interested in the young Argentine (with a price tag rumoured to be around 70 million euros), who has scored seven goals already this season and is being hailed as the next world superstar.
One thing is for certain; no matter where Napoli and Palermo finish this season, they have once again restored the pride of southern Italian football.
Tagged as ac milan, canavi, hamsik, inter milan, juventus, lavezzi, lazio, napoli, palermo, pastore, roma, sampdoria, scudetto
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Author Photo
Photo Credit: Anthony Musmanno
Click for full image download
Marie Benedict is a lawyer with more than ten years' experience as a litigator at two of the country's premier law firms. She is a magna cum laude graduate of Boston College with a focus in History and Art History, and a cum laude graduate of the Boston University School of Law. While practicing as a lawyer, Marie dreamed of a fantastical job unearthing the hidden historical stories of women -- and finally found it when she tried her hand at writing.
She embarked on a new, narratively connected series of historical novels with The Other Einstein, which tells the tale of Albert Einstein's first wife, a physicist herself, and the role she might have played in his theories. The following novel in this series is Carnegie’s Maid, which tells the story of one brilliant woman who many have spurred Andrew Carnegie’s transformation from ruthless industrialist into the world’s first true philanthropist. Marie’s 3rd installment in the series, The Only Woman in the Room, will be published in January of 2019. A powerful novel based on the incredible true story of the Hedy Lamarr, glamour icon and scientist whose groundbreaking invention revolutionized modern communication, The Only Woman in the Room is a masterpiece.
Writing as Heather Terrell, Marie also published the historical novels The Chrysalis, The Map Thief, and Brigid of Kildare. She lives in Pittsburgh with her family.
Marie, on the other einstein
I confess to beginning this book with only the most commonplace understanding of Albert Einstein and hardly any knowledge of his first wife, Mileva Marić. In fact, I had never even heard of Mileva Marić until I helped my son Jack with a report on the wonderful Scholastic children’s book Who Was Albert Einstein? and it mentioned briefly that Albert Einstein’s first wife was also a physicist.
I became intrigued. Who was this unknown woman, a physicist at a time when very few women had university educations? And what role might she have played in the great scientist’s discoveries?
When I first began researching Mileva, I learned that rather than being unknown as I had thought, she was the focal point of much debate in the physics community. The part she might have played in the formation of Albert’s groundbreaking theories in 1905 was hotly contested, particularly once a cache of letters between the couple from the years 1897 to 1903—when Mileva and Albert were university students together and first married—was discovered in the 1980s. In those letters, Albert and Mileva discussed projects they undertook together, and the letters caused ripples throughout the physics world. Was Mileva simply a sounding board for his brainstorms, as some scientists insisted? Did she only assist him with the complicated mathematical calculations, as others claimed? Or did she play a much more critical role, as a few physicists believed?
As I dug into Mileva’s history, I discovered that she was fascinating in her own right, not just as a footnote in Albert Einstein’s story. Her rise from the relative backwater of misogynistic Serbia to the all-male university physics and mathematics classrooms of Switzerland was nothing short of meteoric. To my mind, the question of what role she truly played in Albert’s “miracle year” of 1905 became an examination of how Mileva—after pregnancy, exam failure, and marriage—was forced to subsume her academic ambitions and intellect to Albert’s ascent. Her story was, in many ways, the story of many intelligent, educated women whose own aspirations were marginalized in favor of their spouses. I believed it was time that stories such as these were told.
Given the fresh light this story sheds on the famous Albert, readers of The Other Einstein may be curious as to precisely how much of the book is truth and how much is speculation. Whenever possible, in the overarching arc of the story—the dates, the places, the people—I attempted to stay as close to the facts as possible, taking necessary liberties for fictional purposes. As one example of these liberties, Mileva did not begin her residential stint in Zürich at the Engelbrecht Pension but found her way there through her friendships after staying at another pension, and thus, the scene with Mileva and her father meeting the Engelbrechts is entirely fictional, as are many of the early scenes between Mileva and her pension friends, although they could have well happened a bit later in her life. And, of course, there are other instances in which I imagined the details of events about which I knew the barest of facts. In order to make their own assessment about the actual lives of the people depicted in The Other Einstein, I invite readers to peruse the collection of papers and letters by and about Albert Einstein and Mileva Marić that are posted online at the marvelous website http://einsteinpapers.press.princeton.edu.
Certainly, speculation exists in The Other Einstein—the book is, first and foremost, fiction. For example, the exact fate of Lieserl is mysterious, although not for dint of effort; Michele Zackheim wrote a wonderful book called Einstein’s Daughter: The Search for Lieserl about her protracted hunt for Lieserl, one that yielded no solution. Was Lieserl given up for adoption? It seems to me quite probable that Lieserl died from the scarlet fever that prompted Mileva to race from Zürich to Serbia.
Similarly, the precise nature of Mileva’s contribution to the 1905 theories attributed to Albert is unknown, although no one disputes that, at a minimum, she played the significant part of emotional and intellectual supporter during this critical time. But given how Mileva saw the world and how desperately she must have loved her daughter, isn’t it possible that the loss of Lieserl could have inspired Mileva to create the theory of special relativity? Answering through fiction the seemingly unanswerable questions in Mileva’s life—exploring the “what ifs”—is what makes writing The Other Einstein so interesting to me.
Many books and articles—of the vast library of written material on Albert Einstein, including http://einsteinpapers.press.princeton.edu—assisted me immensely in my research for this book. Of them, I found the following of particular help and inspiration: Albert Einstein/Mileva Marić: The Love Letters, edited by Jürgen Renn and Robert Schulmann; Einstein in Love: A Scientific Romance by Dennis Overbye; In Albert’s Shadow: The Life and Letters of Mileva Marić, Einstein’s First Wife by Milan Popovic; Einstein: His Life and Universe by Walter Isaacson; and Einstein’s Wife: Work and Marriage in the Lives of Five Great Twentieth-Century Women by Andrea Gabor. These are but a few.
The purpose of The Other Einstein is not to diminish Albert Einstein’s contribution to humanity and science but to share the humanity behind his scientific contributions. The Other Einstein aims to tell the story of a brilliant woman whose light has been lost in Albert’s enormous shadow—that of Mileva Marić.
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Tag Archive: youth
Filed under: Uncategorized — 4 Comments
The day of Prince’s death, I remembered an essay of mine that was never published but was dear to my heart. Thankfully, I found it in the files of my old laptop. It’s too long and the news cycle is too short for it to find a home in a traditional publication — even an online one, I imagine. And this is why it’s time for me to revive my blog. To get the words out without gatekeepers. At the time I had my concert review and a little bit about Paisley Park published in the Chanhassen newspaper. Perhaps I’ll attach or link to that. But for now…
Friends 4Ever: Prince Fan-atics at Paisley Park, June 18, 2004
On a breezy mid-June afternoon, I’m outside Prince’s recording studio in Chanhassen, a southwest suburb of Minneapolis, out in “industrial park land.” The sleek, blocky, unmarked building could easily be mistaken for part of the General Mills complex across the street. But to the observant, the pots of purple petunias are a sly tip-off: this is not Betty Crocker, but Paisley Park.
Today the security gates are thrown open to the public for the first time in years. The occasion: three afternoons of Open House to show off Paisley Park’s new state-of-the-art recording equipment during the Twin Cities leg of Prince’s “Musicology” tour. Minneapolis being The Artist’s hometown, enthusiasm runs high. At least two different lines snake through the studio grounds, among a confusion of picnic tables, purple helium balloons, and sellers of Prince merchandise, popcorn and mini-donuts.
“Do you know where we buy tickets for the tour?” I ask two friendly-looking African-American women who look one step ahead of me in piecing out the puzzle. I’ve followed them to the line at the merchandise tent, and it is indeed the right place.
Unified by our fandom and the long wait, first for tickets – or rather, wristbands, then entrance to the Purple Palace itself, we become friends. Tracy, 38, and Janice, 56, paralegals from Dallas, are enjoying their first visit to Minnesota. “I’ve loved Prince since seventh grade,” Tracy gushes. “I’ve even gone to Hawaii to see him.”
“You’re a fan!” I say, impressed.
She corrects me: “Fan-atic!” and lifts her shirt to reveal the large tattoo on her stomach: the symbol that was once The Artist’s name.
Unlike many Prince fans, my enthusiasm for The Purple One does not date back to, say, junior high. In 1984, the year Prince became a 3M-sized colossus with Purple Rain, what rocked my world was my colicky newborn daughter, Sarah. I first heard the new hit “Raspberry Beret” in Jazzercise class while burning post-maternity flab.
At the dawn of the new millennium I found myself singing along to “1999” on the radio, to the dismay of teen-age Sarah. What clinched it for me, though, was watching Prince tear through a guitar solo on “While My Guitar Gently Weeps,” during the George Harrison tribute at this year’s Rock ‘n’ Roll Hall of Fame induction ceremony, televised on VH1.
I’ve always been a pop music fan, dating back to when I was a 10-year-old bubble-gum-chewing teenybopper trading Beatle cards at slumber parties with my girlfriends. Fandom was very much about friendship. We’d discuss which Beatle was our favorite, and whether the Rolling Stones were dreamy or dangerous. (Actually, they were dreamy because they were dangerous.) We fantasized about meeting our unattainable celebrity crushes. In truth, looking back, I can see that I wanted to be Keith Richards as much as date him. But until the arrival of Chrissy Hynde, herself a fan who became what she loved, I couldn’t imagine how that was possible. Girls did not pick up electric guitars. A couple of us picked up acoustic guitars and gamely tried folk songs. And I dreamed of writing for magazines like Tiger Beat when I grew up, so that I could interview pop stars.
At the end of the school year, my fan friends and I would sign each other’s autograph books with sayings like “2 Good 2 B In School” and Friends 4Ever.” (Is this how Prince learned 2 spell?) The autograph book didn’t survive our family’s many moves, and neither did the friendships, but the happy memories did, along with my love for pop.
That’s what drew me to St. Paul’s Xcel Center to see Prince, whose electric presence grabbed you ‘round the throat even if you were perched in a rafter seat of the giant hockey arena.
After the show, I hadn’t had enough Prince, and that’s why I was at Paisley Park, two days later, milling again in a sea of fans.
I’d worried about being too old, too un-hip, too un-cool to hang out at Prince’s place, especially alone, but there was no need to fret.
With this trip to Minnesota, Tracy is celebrating her recently-finalized divorce. “Every day my life is just work and kids, work and kids. I decided it’s time to have a little fun.”
Talking of Prince’s new Jehovah’s Witness ways and the R-rated songs he’ll no longer sing, Tracy says, “I have to say, I miss his erotic stuff. But if he doesn’t want to do those songs anymore, I respect that. He’s got plenty of other good stuff to choose from.”
Janice, a fan-atic not so much of Prince but of travel, came along as part of her quest to see all 50 states (Minnesota was No. 29.) “Tracy originally wanted to go to Chicago to see Prince. But I told her, ‘Anyone will go with you to Chicago. Only I will go with you to Minnesota.” The pair laugh.
I’d thought Paisley Park would be some dim den of hipness, but once we reach the foyer, I feel almost like we could be at Betty Crocker headquarters, except for the Grammy awards and the Purple Rain Oscar displayed in a case.
In the airy sky-lit atrium, the walls, a heavenly blue, are painted with clouds, doves, and a large likeness of Prince’s eyes, staring, intense. During the tour, the guide points out details we might overlook, like a wooden cage of white doves on the balcony, or the “cuss bucket,” an empty water-cooler jug labeled “Luv 4 One Another,” into which employees must deposit money for charity if Prince catches anyone cursing.
Prince’s people – the tour guides, the recording engineers, and the security personnel – are so polite and good-natured, we could be on one of the factory tours from the Mister Rogers show. And indeed, there are children on this tour, even some in strollers. When we come to the giant console in Studio A, on which Prince himself lays down most tracks these days, Khalik, a recording engineer, has one of the children push a lever that demonstrates how a drumbeat is preserved and played back.
After the tour, I trade e-mail addresses with Tracy and Janice, bid them good-bye and wish them well in their Twin Cities visit. They’ve got a full night ahead, with the concert at the arena, then back to Paisley Park for the after-show party that begins at midnight and goes till…dawn?? The personnel can’t say: they only know that “special guests” might be on hand tonight.
I leave regretfully, knowing I’m doing the wise thing not to spend the money for the late-night show. I don’t want to negotiate my way alone in the middle of the night.
Still, part of me wishes someone would talk me into it. After all, it’s Prince. After all, this could be a once-in-a-lifetime experience.
And as I walk back to my car, a pretty, perky-looking woman with bouncy reddish hair, big brown eyes, red Capri pants and a white sleeveless top passes me on her way toward the studio.
“Can you tell me if they’re still doing tours?” she asks eagerly.
“No, I was in the last one,” I answer.
She looks so disappointed that I quickly add: “But they are selling tickets to the after-show.”
“Really?” she says – and as if hearing the very thoughts emanating from my brain, says, “I really, really want to go. But it starts so late, and none of my friends will go – even though I kept telling them, ‘It’s Prince! This could be a once-in-a-lifetime chance!’ And at that hour, I don’t feel comfortable going alone.”
I hear these words leap from my mouth: “I’ll go, I’ll go with you!”
“Really?” she squeals. “Yes, yes!” I answer, and, there we are, two strangers jumping up and down together, trading cell phone numbers and agreeing to meet back up at 8:30 to be among the first in line.
She calls me at dinner, telling me she went ahead and bought tickets for both of us, cash only, knowing I’d be there at 8:30 to repay her. Her friends are telling her what my friends are telling me: “What? You’re going to an all-night party with someone you’ve just met?” But we tell our friends the same thing: “I know she’s OK. I can tell.” We’re both fans.
During nearly four hours sitting in line at Paisley Park, Sheila and I find out we have much in common, like milestone birthdays. She just turned 40; I just turned 50. As the sunset streaks pink and purple behind us, then sets, and the moon and Venus rise, we talk.
We are both rediscovering our Inner Kid, learning to have fun after years of seriousness, struggle, and responsibility. She is recently divorced; my marriage had broken up two months before.
We are both dreamers, looking forward to new lives.
In business with her brother, a home-builder, she’s thinking of going back to school, becoming a grief counselor, and learning to write: “I wake up in the middle of the night with ideas I want to write about,” she says.
I do, too, even though I never became a writer for Tiger Beat.
“Here,” says Sheila, eagerly thumbing through Oprah Magazine. “I found a line just for us,” she says, pointing to a sentence from Oprah’s “What I Know For Sure” column: “Party until dawn,” it commands.
“I think it’s a sign,” Sheila says.
We do exactly as Oprah says, though it may not quite be the experience she had in mind. We’re crowded, standing-room-only, into a cavernous room packed wall-to-wall, listening to a funk band play for more than two hours.
Prince finally emerges from the back-corner of the stage at 2:45 a.m., his presence first signaled by the ring of bright gems that outline his ear, sparkling in the dark. We cheer as Prince takes the stage, no more than 10 feet before Sheila and me. He’s no bigger than a birch sapling, and not a molecule isn’t pure energy and presence.
[The above photo is not from that performance. It’s Prince at Coachella, from Wikipedia, available for non-commercial reuse.]
Sheila and I try not to think about the bathroom break we wished we’d taken three hours before, and I try not to worry that my numb feet could be a sign of some serious degenerative disease only now making itself known. Were we not packed like sardines, I’d be flat on the floor.
But when I doubt whether I should be here, I have only to look at Sheila, who beams at me with the most radiant of smiles and says, over and over, “I’m so glad I ran into you! I wouldn’t have come here otherwise.”
The evening gets more and more absurd. Prince and the funksters call up audience members to sing off the cheat sheet pasted on the stage floor and then to dance. As the band whips through a long, long version of Stevie Wonder’s “Superstition,” the line of audience dancers grooves on and on, among them a skinny middle-aged woman with an intense look and a leg brace.
At 4:50, the show ends, the doors to Paisley Park open, and we are released to the dawn, the western sky already reflecting the sunrise. I am cold now, and I can barely walk. As we stumble to the car, Sheila bubbles, “This reminds me of college. I can’t remember when I’ve stayed up to see the dawn.”
“Neither can I,” I say, not quite bubbling, but maybe percolating. To be honest, I didn’t even do this in college. We trade e-mail addresses, phone numbers, and hugs, promising to stay Prince-pals.
When I finally see Purple Rain for the first time, at home on my DVD player, I watch through all the credits. My persistence is rewarded with this stunning line across the screen:
“May u live 2 see the dawn.”
I will always remember this summer night, with Sheila. And yesterday (was it really yesterday?) afternoon, with Tracy and Janice. We may never meet the pop stars who brought us together, but like my old girlhood friends, they are:
2 Good 2 B 4Gotten.
[As a postscript: Despite trading contact info, Tracy, Janice, Sheila and I never got in touch after this. But in the days after Prince’s death, I’ve thought about them, and I’m sure that Sheila, wherever she is, has also been remembering that evening.
From what’ I’ve read, it sounds like 2004 was a bit of a turning point for Prince: He became a Jehovah’s Witness and settled more permanently in Minnesota. He opened Paisley Park many times after that, hosting frequent all-night music parties with pancakes served in the morning.
A few months before his death, I saw the ad on Prince’s Twitter feed announcing the sale of tickets to his first “Piano & a Microphone” program. I was sorely tempted, having felt a bond with Prince since my 2004 experience. I reluctantly passed on it because of the $100 tickets and the prospect of driving to Chanhassen on a January night. It would have been a good time to run into Sheila.]
Tags: friendship, Minnesota, music, Prince, youth
For the past three years I’ve lived not even a half-mile from the St. Louis Park Recreation Center with its beautiful swimming pool. (To be precise, Google Maps tells me it’s .4 miles, or an 8-minute walk.)
St Louis Park Pool.
I grew up in pools like this. During our three years in Puerto Rico, where my dad was stationed on an Air Force base when I was ages 9-12, I spent entire summer days in the pool, punctuated by breaks to leap out to get a plate of french fries or an ice cream cone from Tommy, the young Puerto Rican man who worked at the snack bar. After a lot of swimming on a hot day, there was nothing like those plates of french fries with ketchup dribbled all over them, shared with a friend. The teenage lifeguards were the ultimate in cool: so grown-up, so tan, so fit, twirling their whistles, their marks of authority. At 5 p.m., when we heard Taps wafting through the air, we’d leap out of the pool and stand silently and reverently, dripping, hands over our hearts, facing the direction of wherever the American flag was being lowered for the evening. And just to show you what a year-round paradise Puerto Rico was for an outdoors-fun-loving kid, I had my 10th birthday party at the pool, and my birthday is around Thanksgiving.
I learned to swim years before that, though, at pools at other Air Force bases, in Japan and in Waco, Texas. I never took a lesson. Never feared the water, like so many of the friends I met later from more northern climates, without easy access to an outdoor pool (speaking of which, I have never been able to abide an indoor pool. They’re too cold, dim, utilitarian. Swimming, to me, means fun, freedom, sun and warmth. Not just swimming laps.) In gym class, I was generally a klutz. But when we had our swimming unit, I was right at home, while other girls, terrified, one crying even, as I recall, were shoved into the water by our sadistic gym teacher with her cane. My father was a terrific all-around athlete, always playing a sport on some just-for-fun men’s team. Also, he had grown up without parents, since they died when he was little. So, growing up in an orphanage, he was extra conscious of being an involved dad who would leave work to see me in a swim or track meet.
I’ve always been grateful to him for teaching me to swim so young without even really “teaching.” I just picked it up, and I have always felt at home in the water. Later, when I learned more about Judaism and after I’d known for some time that my father was Jewish, I read that the Talmud instructs a father to do three things for his child (son, actually): 1) teach him a way to make a living, 2) find him a spouse, and 3) teach him to swim. I know my father didn’t realize this. He was just being a great dad. But it delighted me to learn that, that he’d unwittingly followed that instruction for being a good Jewish father, like he’d absorbed it from the generations.
Anyway, it was a hot summer afternoon, near 90, humid, too hot to run, and I thought of how great it would feel to be in cool water. In a pool, as in my youth. Pools, where the black lines on the bottom always reminded me of stripes on a watermelon, one of my favorite foods. For someone who loves school and loves to learn, I am such a summer person. Summer always meant freedom, and Iove and need warmth and light. Plus, as an Air Force brat, we moved every few years, and some new schools were halls of dread. I thought of that St. Louis Park city swimming pool that I’ve eyed for 10 years now but never quite had the gumption to visit because I didn’t know how it worked (sounds so silly now that I write it.)
So I went, I swam, I loved it, I thought “how have I lived near this pool for 10 years and never come here?” After swimming laps, I lay on one of the lounge chairs, thought of the ultra-cool “older” lifeguards of my youth, of the Puerto Rico pool. How they are replaced by new ones now who look just like them but were born decades later. I think of those lifeguards I watched from the pool and of what they must look like now. Life goes on; we get older so that there will always be young people on our earth to experience those new stages for the first time.
Finally I packed up my things and left, and as I walked out the door of the Rec Center, adult men were coming in, hauling big gym bags and toting hockey sticks. I realized they were in some kind of rec league. They were enjoying the sports of their youth and the freedom and joy that came with it. For me it was summer swimming. But for these guys raised in Minnesota it was winter afternoons after school, whizzing around on ice skates on a neighborhood pond.
Tags: fathers, fun, swimming, time, youth
Filed under: Uncategorized — 1 Comment
When I think of myself as a girl, in fifth grade,living on Ramey Air Force Base in Puerto Rico, I can hear two sounds in my mind’s ear. One is the periodic roar of B-52s taking off from the flight line just down the road. We got used to pausing in our lesson, everyone quiet until the plane was high in the sky, where we could no longer hear it.
The other sound, which I liked much better, was that of the Air Force band across the quad, practicing “Rhapsody in Blue.” I didn’t know what it was called then, just knew I loved the swoon, the sweetness and melancholy of that tune. Here’s a poem I wrote once for a beginning poetry class at the Loft:
In fifth grade in Puerto Rico
we learned to pause
when planes lifted off the flight line down the street,
carrying my classmates’ dads in pilot jumpsuits
for a mysterious two weeks “on alert.”
And wafting through our classroom window
late mornings, passionate music
from the boxy building across the lawn,
the Air Force band rehearsing.
Amateur musicians in uniform
with trumpets and trombones,
taking a break from desk jobs and airplanes, to practice
a daily melody I learned to love but couldn’t name,
under summer skies all school-year long
that return to me on a cold spring night in Minnesota
when I hear Gershwin
on the radio.
I remember those days when my sunny dad
whistled off to work in officer’s khaki,
and me at the pool in November with friends
and the school where we studied
in shirtwaist dresses and madras.
And I miss my father tonight,
how he played jazz piano
easily, naturally, in every key.
And that’s what I wish to do here: rhapsodize in every key, without gatekeepers and without fear. Without perfection, without self-censorship. To have writing be *fun* again. If there is a theme, it’s a loose one. Baby boomer mom tells of the life and times in which she grew up, the children she raised, her passions (those children being among the greatest of those), who she was as a girl and who she is now — which is that very same girl with a lot more wisdom.
When I was a girl, Anne Frank and her diary were among my first inspirations to write and to keep my own diary. A place for far-ranging thoughts. So this will be, in part, my figurative red-checkered cloth diary AND my rhapsody, from one who has always thought she was probably meant to be a musician more than anything else. As I didn’t learn the piano very well, these, on the laptop, are my keys.
Tags: introduction, music, writing, youth
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Greg Lake & Geoff Downes – Ride The Tiger CD Review
“To be honest I thought that these recordings had simply disappeared off the radar until one of my management team, Daniel Earnshaw, reminded me of their existence. My initial reaction was not entirely positive as I generally view many of these re-releases to be a bit tiresome, however, upon hearing these recordings again I immediately identified their value, both in terms of song writing and of musicianship and production. Geoff, of course, is a masterful musician with an instinctive ability to maximise the potential of any song both as a player and as an arranger. His contribution to these recordings is clear for all to see and for me it was a real pleasure to reflect upon our friendship together both personally and as musicians.” says Greg Lake
Greg Lake is the co-founder of King Crimson and Emerson, Lake and Palmer (ELP), and wrote the hit “Lucky Man” and co-wrote “I Believe In Father Christmas”.
Geoff Downes is the keyboardist in Tthe Buggles, Asia and Yes, and co-wrote the hits “Video Killed The Radio Star” and “Heat of the Moment”.
The pair are joined by Michael Giles (who also co-founded King Crimson) & provides the drums & the percussion.
“Ride the Tiger” contains 6 songs which the duo wrote together – 1 went on to become an Asia song and 2 became ELP songs.
4 of these tracks have been released on compilations before, but, this is the FIRST TIME they have been collected together.
There is also 2 previously unreleased tracks & an alternate mix of ‘Love Under Fire’ which is great not only for fans but completest also.
The only downside is the running time. Just 32 minutes & it makes me wonder if there is anything left from these sessions that is yet to be discovered.
But to hear how ‘Affairs Of The Heart’ originally sounded before being turned into the ELP classic, or how ‘Love Under Fire’ sounded before it turned up on an Asia album is something quite magical.
Originally produced by Downes & Lake back in ’89/’90, it’s the re-mastering done by Alberto Callegari at Elfo Recording Studios in Italy that has really made this product shine & made it sound as relevant now as it would’ve been before it was hidden away from the record buying public of that time.
There are no real standout tracks on this album, as they’re all equally as good as each other. It’s just a really good easy-going record that is perfect for a night in by an open fire, bottle/bottles of wine & snuggled up with a loved one to reminisce together.
Geoff Downes has this to say about the album “One of the privileges of my career has been the opportunity to embrace a number of bespoke projects with some of the world’s greatest musicians. Greg Lake, of course was at the forefront of the progressive revolution, lead vocalist and bassist with both King Crimson and ELP, bands which literally changed the world, pushing boundaries of excellence and creativity, creating a brand new musical genre from London which would soon captivate the planet. This collection of songs represents a particularly creative period in my life. I’m delighted that Greg and I have rekindled our friendship, and worked together again in order to share this collection with you.”
I’m keeping my fingers crossed that this is not the last we hear of these guys writing & recording together.
For fans of ELP, King Crimson, Focus, Asia & Prog Rock in general, or even just looking for something that little bit different.
1. MONEY TALKS
2. LOVE UNDER FIRE
3. AFFAIRS OF THE HEART
4. STREET WARS
5. CHECK IT OUT
6. BLUE LIGHT
7. LOVE UNDER FIRE (ALTERNATE MIX)
CategoryCD Reviews
TagsAsia ELP Emerson Lake and Palmer Geoff Downes Greg Lake King Crimson The Buggles Yes
DANNY BRYANT – BLOOD MONEY – CD REVIEW & 2016 Tour Dates
ELFERYA – EDENS FALL – CD REVIEW
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Retailers like J. Crew are ignoring a $20 billion opportunity — and it’s infuriating shoppers
6 March 2017 BCR team Comment(0)
This article was sourced from Business Insider. Article by Mary Hanbury.
Dallas Thompson has been fantasizing about a J. Crew purple cocoon coat for weeks.
Unfortunately, the $US259 coat doesn’t come in her size.
Thompson, who runs herown fashion blog, is a size 24. Shopping for fashionable clothes in her size can be a nightmare.
“It’s very challenging,” Thompson told Business Insider. “You have to make shopping a hobby or a sport.”
Thompson isn’t alone.
According to the Fashion Institute of Technology, more than half of women in the US are plus-size, or size 14 and above.
Women’s plus-size apparel is a big business. It generates $US20.4 billion of annual sales in the US and in the past three years, the category has grown by 17% — far outpacing sales of women’s apparel in general.
But many plus-size shoppers still have trouble finding flattering clothing, despite having money to spend.
In an open letter for the fashion blog Racked titled, “Hey J. Crew, why don’t you want my plus-sized money?” Thompson called out the retailer for not selling clothing bigger than US 16, despite advertising US 18 online on its size charts. A spokesperson for the store told Business Insider that product sizing varies from season to season and could not confirm whether larger sizes would be offered in future.
J. Crew could benefit from tapping into the growing plus-size market. The retailer’s same-store sales fell 9% in the last quarter, following a decrease of 12% in the third quarter of last year.
“I spend a lot of money on clothes,” Thompson said. “I have a huge closet full of things and there are retailers, like J. Crew, that are really missing out on the chance to have me spend a lot of money.”
Victoria’s Secret, which is known for its ads featuring rail-thin models, is losing ground to more body-positive brands, like American Eagle‘s Aerie, even though both brands sell up to size XXL.
Last week, Victoria’s Secret’s parent company L Brands announced that the brand is expecting a 20% drop in same-store sales in February. Meanwhile, Aerie, which triumphs natural beauty and self-acceptance in its ad campaigns, has seen five consecutive quarters of more than 20% same-store sales growth and plans to open 50 new stores in 2017.
Department stores have also been slow to cash in.
“In general you see weird patterns, strange fabrics, and odd cuts,” Thompson said about plus-size offerings. “Just because I am fat does not mean I want to wear a polyester blouse with rhinestones stones and lace on it.”
A few weeks ago, luxury store Neiman Marcus introduced a new collection of plus-size clothes in 5 of its off-price Last Call stores.
“I always have customers come up to me and say, ‘We love your jewellery. We love your shoes. When are you going to carry clothes for people like me?’” Frank Crisci, vice president of merchandising at Neiman Marcus Last Call, told WWD. “It struck a chord that we are not serving this customer the way we should be. It’s a huge market, and we’re not playing in it.”
JCPenney has collaborated with plus-size “Project Runway” star Ashley Neil Lipton to launch Boutique+, a line of fashionable plus-size clothes in 200 of its stores, but it’s a small collection.
Thompson mainly shops online on UK websites like ASOS and
Simply Be, which have expanded into the US market and brought more interesting and creative plus-size options for shoppers. But trying clothes on in stores is still more appealing, she says.
Sarah Conley, a plus-size fashion blogger at
Style It, has faced similar issues.
“Sure they have free shipping and returns,” she said, “but that doesn’t save the day when you have a date that night.” Conley finds it time-consuming to browse the web for designs that will fit her well and misses the social element of shopping with friends.
“It’s frustrating,” she said. “A lot of brands aren’t willing to change.”
Tagged australian liquidator, BCR Advisory, BCR Advisory blog, BCR Advisory Sydney, brands, growing plus-size market, retailers, Sydney Insolvency
J.C. Penney holiday quarter sales drop, to shut 130-140 stores
This article was sourced from Reuters. Article by Sruthi Ramakrishnan. Department store operator J.C. Penney Co Inc (JCP.N) reported a bigger-than-expected drop in same-store sales for the holiday quarter citing weak demand and competition from online retailers, sending shares down to more than a year low. The company on Friday also said it would shutter 130-140 underperforming […]
Bankruptcy World business
Court Rejects Lender’s Objection to Payment of Debtor’s Counsel’s Fees and Expenses from Pre-Petition Retainer
This article was sourced from JD Supra Business Advisor. Article by Rachel Cocciolo. In a decision rendered on December 30, 2016, the bankruptcy court for the Southern District of Florida (the “Court”) addressed the debtor’s counsel’s interim application for an award of fees and expenses for services rendered to the debtor and its bankruptcy estate, as […]
Li’s Risks, Yellen’s Optimism Make for Mixed Open: Markets Wrap
Coming Home to Roost: Chinese Property Investors Head for U.S. Exit
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How Colonists Become a Nation
People always draw together and become united while facing a disaster or enemy, and American nation is not an exclusion. Colonists were too various to become a single nation in normal circumstances. Common historical memory makes human to be a person as well as it makes a group of people to be the nation. One cannot deny the fundamental role of the Founding Fathers in forming American nation, but also it is impossible to neglect the role of the British government. Actually, without discriminative laws of the metropolitan country, the American Revolution would has hardly occurred.
Common enemy united the first American colonists since their arrival, although their encounters with Native Americans were not inevitably hostile. Nevertheless, the need for the further expansion and clash with Indians for the territories led to the establishment of the common enemy for all settlers who considered them savages and inferior people. Actually, both Europeans and Indians treated each other such as savages (Brinkley, 2014). Facing a disaster people reacted more fiercely, and were more enthusiastic to fight for new lands. However, there still was no national consciousness. Most settlers considered themselves British or French, etc., but not Americans.
The serious tensions in the colonist society started after the French and Indian War. Brinkley (2014) suggests that the French and Indian War not only strengthened the common dissatisfaction about British government among American colonists, but also it was the first experience for them when they had fight against the common enemy. Participation in a war was a vital experience for people who were going to became the one nation. Moreover, after annihilating one common foe, Americans became able to notice another enemy that is the British Empire. Finally, after French defeat in the war, there was no need in British soldiers who were located in America, as colonists were able to defend themselves from Indians . It explains the reason why colonists did not oppose English forces during the war.
Thirteen colonies, which became the United States, had similar government that was appointed from London, and thus, the people had similar problems. Undoubtedly, these problems united them, making to think about sovereignty. The Stamp Act 1765 and other taxes provoked a great resentment among Americans. The idea of independence was more and more popular and monarchy was represented as underdeveloped and oppressive regime. Desire to build a state without king and tyranny occupied more Americans. Taking into account that British colonies in America were in the same boat with each other, the solution of this problem united them considerably. The example of the Civil War in England that resulted in the execution of king was still fresh for Americans who wanted to overthrow the governance of British crown in the colonies. It meant that it is possible to struggle for independence and win. Brinkley (2014) states that “the Glorious Revolution in England touched off revolutions, mostly bloodless ones, in several regions.” Nevertheless, being angry at the government is not enough to become a nation. Living far from the motherland and exploring new lands, made colonists to be convinced that they are not British anymore. The absence of representation in the English parliament only fueled these thoughts (Brinkley, 2014). It made colonists to think that they are not first-class citizens that means that they do not have to obey the King. Mostly, it was caused by the extreme sensitivity of colonists to the violation of their rights. Finally, equality and justice would become the fundamental ideas that allowed the Founding Fathers to build American nation.
The spirit of American nation of that time was reflected in John O’Sullivan’s article Manifest of Destiny that became a fundamental doctrine of Americans and the US government. However, this concept had existed long before the article was published, and Americans cultivated it in their heads for many years. Manifest of Destiny was of paramount importance for Americans before and after the independence. It motivated them to work for the common welfare and make them to believe that Americans is a nation, but not a group of colonists from Europe. The feeling of the personal and national destiny and purpose moved Americans to improve their own country, in order to improve the whole world.
The American Revolution that finally united Americans against their main foe became the landmark in forming the American nation. It was a relevant moment, not only it allowed colonists to acquire the independence, but it was the first war where Americans fought not for the king, but for themselves. The US Constitution and especially the Bill of Rights are one of the most connecting things in the American society. The Constitution is a guiding star for Americans that shows them the right way in disputable situations. Nevertheless, one cannot be completely sure that Americans as a nation finished their forming after the American Revolution and Constitution adoption. Obviously, several important issues were neglected that resulted in the Civil War, but even in this fratricidal war, Americans showed that nobody can deprive them from their human and citizen rights. This is the nature of American patriotism that united colonists hundreds years ago, and unites US citizens now.
The Warren Court
Getting Mobile
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Mark Knopfler Returns With New Studio LP: Listen
Mark Knopfler (Photo: Derek Hudson; used with permission)
Mark Knopfler remained largely silent when Dire Straits was first selected and then inducted as part of the Rock Hall’s Class of 2018. On September 19, he returned with news of a studio album, Down the Road Wherever. The release, out November 16, on his own British Grove Records via Blue Note, is his ninth solo studio effort.
Listen to several tracks below.
From the announcement: “The album features new songs inspired by a wide range of subjects, including Knopfler’s early days in Deptford with Dire Straits, a stray soccer fan lost in a strange town, the compulsion of a musician hitching home through the snow and a man out of time in his local greasy spoon diner.”
Knopfler explains: “‘Down the road wherever’ is a line from [album track] ‘One Song At A Time.’ I remember my pal Chet Atkins once saying that he picked his way out of poverty ‘one song at a time,’ and it just stuck in my mind. You get to an age where you’ve written quite a few songs. But Down the Road Wherever seems to be appropriate for me just because it’s what I’ve always done. I’ve always tried to make a record and also to keep my own geography happening in the songs.”
Listen to the album’s lead track, “Trapper Man”
Related: Knopfler has announced a 2019 world tour
Listen to “Back on the Dance Floor”
For the new album, Knopfler assembled the same group of top-flight musicians he has worked with for the past few years (plus one or two new faces). He encourages them to put their own stamp on the material without interfering with the essence of the song.
“I think the business of making a record, from having written a song and then bringing it to musicians, it can be quite a bendy route,” he says. “It’s not just motorways all the way…and you can end up in the occasional cul-de-sac, then you have to do a 16-point turn to try to get your truck back out on the main road as unobtrusively as you can. That’s part of the fun of it.”
Down the Road Wherever is produced by Knopfler and Guy Fletcher (Dire Straits, Roxy Music) and was recorded at British Grove Studios in London. The band features Knopfler on guitars, Jim Cox and Guy Fletcher on keyboards, Nigel Hitchcock on saxophone, Tom Walsh on trumpet, John McCusker on fiddle, Mike McGoldrick on whistle and flute, Glenn Worf on bass, Ian ‘Ianto’ Thomas on drums and Danny Cummings on percussion. Richard Bennett and Robbie McIntosh also feature on guitar, Trevor Mires on trombone, and Imelda May, Kris Drever, Lance Ellington, Beverley Skeete and Katie Kissoon all add backing vocals.
Watch the video for “Good on You Son”
All songs are written by Knopfler, the composer of numerous classic rock hits, apart from “Just A Boy Away From Home” on which he shares writing credits with Rodgers and Hammerstein, using a piece of ‘You’ll Never Walk Alone’ to spin the song’s tale of a lone Liverpool F.C. fan wandering the empty streets of Newcastle after midnight.
Down the Road Wherever is available in a variety of formats including CD, double vinyl, deluxe CD with three bonus tracks and a lavish box set that includes the album on both vinyl and deluxe CD and an additional 12” vinyl EP with 4 bonus tracks, a 12” print of the artwork and a 12” guitar tablature of ‘Back On The Dancefloor.’
Knopfler, 69, has previously released eight solo albums, as well as Neck And Neck with guitar great Chet Atkins and All the Roadrunning with Emmylou Harris. He has also created film soundtracks for Local Hero, The Princess Bride and Cal.
Related: Knopfler is also writing new music for a Local Hero stage musical
In addition to producing his own records, Knopfler has also produced albums for Bob Dylan and Randy Newman, amongst others. Knopfler was made an Order of the British Empire in 1999 and was given the prestigious Lifetime Achievement Award at the Ivor Novellos in 2012.
Down the Road Wherever Track Listing
1. Trapper Man
2. Back On The Dance Floor
3. Nobody’s Child
4. Just A Boy Away From Home
5. When You Leave
6. Good On You Son
7. My Bacon Roll
8. Nobody Does That
9. Drovers’ Road*
10. One Song At A Time
11. Floating Away
12. Slow Learner
13. Heavy Up
14. Rear View Mirror*
15. Every Heart In The Room*
16. Matchstick Man
*Deluxe Edition CD bonus tracks
Listen to the acoustic “Matchstick Man”
Tickets for Knopfler’s 2019 tour can be purchased here and here.
Related: Coverage of Dire Straits’ Rock Hall induction
best classic bands classic rock knopfler back on the dance floor mark knopfler down the road wherever mark knopfler good on you son
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Borgen Project 101
Global Poverty 101
Global Poverty & U.S. Jobs
Poverty & National Security
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Tag Archive for: Poverty in Laos
Aid, Australia, Global Poverty, Humanitarian Aid, Laos
Australia’s Humanitarian Aid to Laos Improves Lives
Located in Southeast Asia, Laos is regarded as the world’s most heavily bombed country, polluted with loaded ordnance. Vulnerable to extreme climate change, devastating impacts have been marked in this country in rural areas caused by flash floods, landslides, river floods and annual human and animal epidemics.
In 2017, Laos and Australia celebrated 65 years of diplomatic relations. Through its Department of Foreign Affairs and Trade, the Australian government will provide about $42.3 million in humanitarian aid to Laos from 2017 to 2018. Through this humanitarian aid to Laos, Australia aims to establish prosperity and decrease poverty while assisting with the economic integration with the region.
For 2016 to 2017, the total official development assistance from Australia is an estimated $44.2 million. Results from aid given in 2015 to 2016 had a tremendous impact on schools within Laos. Aid supported 217 new teacher trainees in completing their first year of teacher training, 140 being women. Scholarships were provided to 20 teacher educators and assisted 259 schools located in five provinces to acquire school lunches.
Research shows that in 2014 Laos received a total of $472.4 million in development aid. Although other countries, such as Japan and Germany, have contributed humanitarian aid to Laos, Australia has been most consistent.
Caritas Australia, a Catholic Agency for International Aid and Development, has left its mark on Laos as well. With a focus on developing women and children, Caritas is providing stability.
During 2010 to 2011, more than 40 Laotian mothers received livelihood and business training that helped pay for their children’s education. Without this opportunity, schooling funds would come from panhandling. Around 50 children living with a disability were provided education. Workshops were held to train and support caregivers, teachers and parents of children with disabilities.
Although Australia is the main donor of aid to Laos, the nation could use assistance from other countries as well. Through more aid, Laos can develop at a faster rate and create more opportunities for its citizens, leading to a better quality of life.
– Tara Jackson
Photo: Flickr
January 29, 2018 /by Borgen Project
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Extreme Poverty, Global Poverty, Laos
The Road to Ending Poverty in Laos
Laos is a poor communist country — the result of a complicated history. Since declaring sovereignty in 1954 American contributions poignantly shape Laos’s physical landscape, albeit initially with bombs. More recent U.S. administrations, alongside international investors, have bequeathed the type of strategic investments in Laos that encourage economic development and social prosperity. Poverty in Laos is shifting.
The Lao people experienced a prolonged period of civil war and armed conflict immediately following independence. After years of abounding poverty, the economy writhed amid growing American anti-communist actions in neighboring Vietnam and Cambodia. The fighting soon leached across Laotian borders as part of a wider U.S. bombing campaign. While Laotians initially measured U.S. contributions only in terms of explosive tonnage, current administrations have retooled U.S. foreign policy in Laos to encourage growth. These efforts require a detailed understanding of Laos and its people.
Agrarianism dominates Laotian society. Rural farmers require an adequate road system to bring agricultural goods market. In 2015, only 14 percent of all roadways in Laos were paved. Poverty in Laos exists predominantly in rural areas, the same locations growing crops with an inadequate transportation infrastructure.
Transportation network improvements implemented in the late 1990s provided proof of a strong correlation between targeted infrastructure investment and rural poverty reduction. The Lao Peoples Democratic Republic (PDR) government conducts household surveys every fifth year, the Lao Expenditure and Consumption Survey, which enables the study of poverty rates. Peter Warr, a professor of agricultural economics at the Australian National University, compared the two surveys that bracket the late 90s improvements to imply, “about 13 percent (one sixth) of the reduction in rural poverty incidence… can be attributed to wet season road access.”
Poverty in Laos and War
The combined impacts of civil war and a U.S. bombing campaign in Laos staunched civil progress and economic prosperity. In an effort to help improve impoverish conditions in the country, a U.S. State Department’s principal foreign policy objective regarding assistance to Laos is to help the country meet its development goals.
President Obama visited Laos in September 2016, marking the first trip by any U.S. president to the country. Likely his last Asian tour as president, Obama’s trip highlighted the U.S. strategy to rebalance Asia and the Pacific. In a speech to the people of Laos, the president alluded to the U.S.’s assumed role to end extreme poverty through “transformative investments.” Obama also discussed diplomatic efforts that resonated strongly with two U.S. national security interests: prosperity and international order.
The president pledged $90 million over the next three years to help Laotians clear American unexploded ordinance. “Over nine years—from 1964 to 1973—the U.S. dropped more than 2 million tons of bombs here in Laos—more than we dropped on Germany and Japan combined during all of World War II,” President Obama stated. The pledge enables Laotian health and prosperity within its borders and supports international order by strengthening Asia-Pacific alliances.
According to sources for Radio Free Asia, “Road construction and renovation in Laos are usually plagued by corruption with exorbitant costs.” Assistance simply does not end after the deposit. The U.S. must follow through, providing the appropriate accountability and oversight.
The takeaway reveals how detailed research, analysis and understanding allow the investor to achieve broader returns as well as dividends. Road investments and UXO removal, while altruistic to end poverty in Laos, stimulate Laotian autonomy and economic progress. An economically independent and prosperous Laos promotes the success of broader U.S. National Security Strategic goals.
– Tim Devine
October 30, 2016 /by Borgen Project
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Aid, Awareness, Global Poverty, Laos
Clearing the Way for Better Lives in Lao PDR
The Vietnam War: a distant and heartbreaking memory for some, a reoccurring nightmare for others and still, an everyday existence for the people of Laos, now the Lao People’s Democratic Republic (Lao PDR). Weapons of a war long past stay buried like forgotten ghosts, haunting the innocent and poisoning the ground they walk on.
With the help of organizations like Mines Advisory Group (MAG), Laotians could farm the soil instead of fear it.
Between 1964 and 1973, 260 million cluster bombs—the equivalent of one bombing mission executed every night, every eight minutes for nine years—were dropped on Laos by the United States. Today, 30 percent of these bombs remain as unexploded ordinance, also referred to as UXO.
The bombing campaign was meant to deny access to the Ho Chi Minh trail, an important logistics route located mostly within the Lao borders and used by the Vietcong and North Vietnamese Army for supply and movement. Long after the fighting ended, Lao men, women and children are still paying the price with an estimated 20,000 people killed and many more injured since the war’s end.
Lao PDR is the most heavily bombed country per capita in the world with 30 percent of the ordinance still volatile and contaminating ground that could be used for agriculture, 33 percent of the country’s GDP. “Bombies,” as the locals have nicknamed them, are therefore a direct factor causing the persistent poverty plaguing the country.
Over 40 percent of children under the age of 5, and 63 percent of children under the age of 2 suffer from anemia in Lao PDR. Almost 45 percent of children under 5-years-old, and 23 percent of women between 12 to 49 years of age are affected by sub-clinical vitamin A deficiency. Forty-four percent of children under 5-years-old are stunted due to poor diets.
Lao PDR is predominantly mountainous and many of the villages are inaccessible by road, cutting off much of the populace from essential services and further compounding an already bleak situation.
Mines Advisory Group, a non-profit organization operating in Xieng Khouang province bordering Vietnam, raises funds from the American community, including individuals, corporations, foundations and government donors promoting awareness for their life-saving work.
According to their website, from April 2007 to May 2011, MAG cleared 23,778,512 square meters of suspect land in Lao PDR, destroying 145,000 items of UXO. As a result, 330,000 beneficiaries gained more safe land for agriculture, clean drinking water, sanitation, safe school compounds and safer roads.
Additionally, MAG gives jobs to those who need them most, investing in, training and employing staff from the local population in order to build a robust and sustainable national workforce.
Women are not shying away from battling the hidden perils beneath their feet either. In fact, about 40 percent of the ground clearing crews in MAG are made up of women filling the front lines and risking their lives every day to build a better future.
Years after the end of the Vietnam War, its legacy still lives on, hidden in the ground and destroying lives an ocean away. With peace activists urging the U.S. to do more, funding for mine clearing efforts and victim assistance has increased, but according Laotians, the scope of the situation is still undervalued and the task of clearing the land is immense.
– Jason Zimmerman
Sources: FT Magazine, United Nations Development Programme, ABC News, Legacies of War, World Food Programme
Photo: Mines Advisory Group
June 25, 2015 /by Borgen Project
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Economic Growth, Global Poverty, Laos
Poverty in Laos May See Relief
As one of the few countries in the world that remains communist, Laos is ranked as one of the poorest countries in east Asia.
With the collapse of the Soviet Union in 1991, Laos found difficulty in altering their “political and economic landscape.” Despite various attempts at reforms, Laos remained dependent on international donations following the 1990s. Majority of these donations spur from Japan, China, and Vietnam.
In spite of their conditions, the country has been able to make impressive gains within the past 20 years. In the 1990s, the proportion of poor individuals was 39 percent. By 2010, this number decreased to 27.6 percent.
Over the years, Laos has experienced various complications in reforming their economic state. The government has gradually enforced economic and business reforms since 2005. In 2011, a stock market was also opened in the hopes of shifting towards capitalism.
Although these measures have been taken, economic growth in Laos has reduced poverty on a minimal scale. In 1997, the Asian currency crisis struck a deafening blow to the country, causing them to lose more than nine-tenths of their national currency’s value against the US dollar.
The landscape of Laos adds to it’s state of disparity. Being a heavily mountainous area, the country is landlocked and widely blanketed by tropical forests. Less than five percent is suitable for any sort of agricultural subsistence, furthermore contributing to the 80 percent rate of unemployment.
Outside of the country’s capital, individuals lack electricity or any access to general facilities. In the mountainous areas where majority of the population lives, the poverty rate is roughly 43 percent. This is a significant difference compared to individuals in the lowlands, where the poverty rate is 28 percent.
Majority of the disadvantaged households are located in regions that are constantly plagued by the threat of natural disasters, lack livestock of any form, have a great number of dependents, and are led by women.
In Laos, women work more than men, taking an average of 70 percent of farming and household tasks on, while also caring for young children. The literacy rate of women is generally 54 percent, while being 77 percent for men.
One-third of those living in Laos lives below the national poverty line, lacking resources necessary to lead healthy lives. According to Health Poverty Action, less than half of all women who go into labor have a doctor, midwife, or nurse to support them.
Around 40 percent of the children in Laos are chronically malnourished and suffer from severely stunted growth. In various ethnic groups, this number increases to a disturbing 60 percent.
There is good news for the country of Laos, however. In 2010, a Nam Theun 2 dam scheme was inaugurated, projected to provide $1.3bn to the country. This will be used in order to generate electricity to allow exports to Thailand. This step forward will not only boost the economy, but help develop infrastructure as well.
In early 2011 the country was also set to have the construction of their first high-speed rail begin between Laos and China. With all of the anticipated infrastructure and improvements to the overall economy, many hope that Laos will experience relief soon.
– Samaria Garrett
Sources: BBC, Rural Poverty Portal, Health Poverty Action
December 23, 2013 /by Borgen Project
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An Above-and-Beyond Organization… Behind the Scenes with The Open Group
July 9, 2019 The Open Group Blog Boundaryless Information Flow, Certifications, Interoperability, Professional Development, Standards, The Open Group, Uncategorized Leave a comment
By Loren K. Baynes, Director, Global Marketing Communications, The Open Group
So you’ve heard of us (who hasn’t?!), and you might even work with us, but do you really know The Open Group? We are a compact but passionate team who tirelessly works together and with our Members to achieve our goal of developing technology standards and creating Boundaryless Information Flow™.
So, to go back to basics, who are we and what do we do? Well, in short…
The Open Group is a global consortium that enables the achievement of business objectives through technology standards. Our diverse membership of more than 675 organizations includes customers, systems and solutions suppliers, tool vendors, integrators, academics, and consultants across multiple industries.
Our Vision is Boundaryless Information Flow™ achieved through global interoperability in a secure, reliable, and timely manner. Our Mission is to drive the creation of Boundaryless Information Flow™ by:
Working with customers to capture, understand, and address current and emerging requirements, establish policies, and share best practices
Working with suppliers, consortia, and standards bodies to develop consensus and facilitate interoperability, to evolve and integrate specifications and open source technologies
Offering a comprehensive set of services to enhance the operational efficiency of consortia
Developing and operating the industry’s premier certification service and encouraging procurement of certified products
We have over 675 Member organizations who cover a broad range of sectors including (but not limited to) energy, utilities, healthcare, technology – the list goes on! We also have several Platinum Members who include DXC.technology, Fujitsu, HCL, Huawei, IBM, MicroFocus, Oracle, and Phillips. The full list of The Open Group Membership can be found here.
All Member organizations of The Open Group are entitled to participate in one or more of The Open Group Forums — vendor-neutral environments where Members share knowledge and resources, and collaborate on developing open technology standards and certifications. Covering a range of technical, business, legal, and regulatory issues, each Forum of The Open Group addresses a specific functional area, and is fully supported by The Open Group resources. A full list of all our Forums can be found here.
You can also find more information here on our Governing Board, Forum and Work Group Officers, and Management Team. Our President and CEO, Steve Nunn, joined The Open Group in 1993, spending the majority of his time as Chief Operating Officer and General Counsel. He was also CEO of the President of the Association of Enterprise Architects (AEA) from 2010 until 2015, and remains its President.
We also like to get out there and preach what we practice! We always have so much going on but it’s easiest to keep tabs on all of our news through the articles and press releases that are published regularly.
So that’s the big picture, but what about the action behind the scenes? Although we are a global organization with some prominent Members and host many global events a year, we operate with a small but mighty (and extremely busy!) workforce of just over 60 people across nine countries. Our people include a range of highly skilled and experienced individuals who cover: Standards, Certifications, Finance, HR, Legal, Marketing/Events, Forum Operations, Business Development, Enterprise Architecture, and IT/Development.
We’d like to take the opportunity to showcase some of our remarkable staff and their part in making The Open Group the successful organization it is today…
Amanda Bonin, Forum Coordinator
My role involves organizing, supporting, and collaborating with internal and external customers to allow everyone to effectively work together. I’ve been with The Open Group for a year now and live in New Hampshire, but am based out of the Boston office. In my time here, it has been my privilege to support and work with some wonderful colleagues and to have seen great accomplishments made by the Forums. One of my favorite things about working for The Open Group has been the ability to work with a large, diverse community, which encompasses many different countries and cultures, who willingly come together and collaborate to solve or improve issues and processes in areas in which they are passionate. I learn new things every day and I am so thankful to be part of The Open Group team!
Mehrdad Solaymantash (better known as Soly), IT and Audio & Visual Manager
Based in the Reading office, I’ve been working for The Open Group for almost 30 years now, and when I joined the company, I started as a Systems Manager responsible for all the day-to-day IT issues and Staff Support. For the past few years, I have been able to take on additional responsibilities such as Events Technical and Audio & Video Manager. I am heavily involved in The Open Group events from a plenary and video perspective which requires editing skills. I also manage The Open Group Youtube channel.
Caroline Smith, Senior Certification Operations Administrator
I have been with The Open Group for 7 years and am based in the Reading office, sitting in the Certification Operations Team. My role is a varied and busy one, working with Accredited Training Course and Accredited Certification Program Providers and candidates alike. I am responsible for providing the Certification service for Open CA and Open CDS, issuing and maintaining the exam vouchers for Knowledge Based Certifications and a variety of other tasks to assist the team. I am a keen fundraiser in my spare time and, in 2017 & 2018, coordinated a team within The Open Group who has taken part in two half marathon walks (13 miles), raising money for Mind and Sue Ryder Charities. We will be walking again for Sue Ryder in September 2019!
Deborah Schoonover, Director of Certification
My role covers the development of new Certification Programs, development of the supporting documentation and software systems to go alongside these, and ongoing operation of our various People, Product, and Process Certification Programs. Many of my 23 years at The Open Group were in our Boston office, but I’m currently based in York, PA. Our certification portfolio has grown significantly since our early days where we were only certifying products. The growth in people certification, the switch to a new examination provider, and rollout of digital badges and milestone-based certifications have been interesting advances to be involved with and have certainly kept things interesting!
Hetal Sompura, Business Development Manager & Corporate Marketing Manager
I’m based in The Open Group India office, and have been with the company for almost three years now. I really cherish the values and work culture that The Open Group has, and I have been fortunate enough to work with bosses who are like my mentors and are genuinely interested in my career development. I like that the Management team is approachable, open to receiving ideas from all employees, and are supportive and encouraging in whichever endeavors I choose to work on – I work with some wonderful people who are more like my friends than just colleagues.
Nichola Awbery, Management & Systems Accountant
I work in the Finance team at The Open Group and am based in the UK, working from my home in Camden Town, London. I also work with my colleagues in the Reading office once a week. I joined The Open Group back in 2005 and have been at The Open Group 14 years now. When I first started, my role was purely day-to-day finance administration duties, but now my role has expanded into so many other areas. Today, my day-to-day role is heavily involved in Systems with a focus on the simplification of tasks and automation as well as the organization’s reporting needs and data analysis. One of my favorite memories from being at The Open Group is when a group of us took part in a dongle race on the River Thames – think Hawaii Five-0 in the English countryside!
Tremendous thanks to all who contribute to The Open Group!
www.opengroup.org @theopengroup
Loren K. Baynes, Director, Global Marketing Communications, joined The Open Group in 2013 and spearheads corporate marketing initiatives, primarily the website, blog, media relations, and social media. Loren has over 25 years experience in brand marketing and public relations and, prior to The Open Group, was with The Walt Disney Company for over 10 years. Loren holds a Bachelor of Business Administration from Texas A&M University. She is based in the US.
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« Tough Penalties for Bullying Ineffective; Broader Approach Needed, Report Says | Main | Fourth Suit Filed Over N.C. Law; Families Say 'Bathroom Bill' Doesn't Violate Title IX »
N.C. Republicans to Ed. Dept.: Don't Cut School Funding Over 'Bathroom Bill'
Republican lawmakers in North Carolina sent a letter to U.S. Secretary of Education John B. King Jr. on Monday, asking for assurance the state's K-12 schools, colleges, and universities won't lose federal education funding for enforcing a new state law that restricts which restrooms transgender students and staff can use, the Charlotte Observer reports.
Gov. Pat McCrory and the U.S. Department of Justice sued each other earlier Monday, asking courts to weigh in on federal officials' assertion that the law, known as H.B. 2, violates Title IX's sex-discrimination protections.
McCrory and the state lawmakers who wrote to King insist that the federal civil rights law was not written to protect gender identity. Therefore the state's new law, which restricts restroom access based on sex at birth, is not a violation, the lawmakers wrote.
In a Monday news conference, U.S. Attorney General Loretta Lynch said her agency would "retain the option" to withhold funding from the university system and the state's Department of Public Safety in the future.
Uncertain Future for Federal School Funds in North Carolina
If federal agencies do eventually withhold education funding from North Carolina, it's unclear how the state's K-12 schools would be affected. While the Education and Justice Departments have repeatedly said that Title IX protects restroom access for transgender students in public schools, the Justice Department's lawsuit only makes Title IX claims against the University of North Carolina System, not the state's K-12 schools. And the state's lawsuit only deals with Title VII employment discrimination claims, not addressing Title IX at all.
I've sent questions to the Education Department, and I will update Rules for Engagement readers if I get a response.
You can read more background on the North Carolina situation here. And check out this recent story to understand what federal courts have said about Title IX and transgender students.
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[ARCHIVED] Miscellaneous
Legal Legend: Interview with a League-playing law professor!
Riot Silog (NA)
submitted in [ARCHIVED] Miscellaneous
It's not every day you run up against a law professor in solo queue, but we found one! Tom Griffith is a professor of Law at the University of Southern California Law School and has been involved in gaming for nearly his entire life. I spoke to him about his lifelong passion for games of all kinds -- and how they can connect to studying and practicing law.
Can you tell us a bit about the origins and development of your gaming career?
As a young child and a teenager my favorite free time activities were games and sports. Like many LOL players, I am a lifetime gamer but, unlike the typical player, I have been playing games for over 60 years. I played Monopoly as a young child, played in a Dungeons and Dragons event hosted by Gary Gygax and, while a law student, took breaks from my studies to play Defender and Galaxian.
After graduating from Brown University and receiving a Master of Arts in Teaching degree from the Harvard Graduate School of Education, I taught high school social studies for 7 years where I coached the Women’s Basketball and Volleyball teams. I incorporated a business simulation game in my Economics class. During these years I played Bridge, board games and lots of sports. I also played Dungeons and Dragons.
After seven years, I left high school teaching to attend Harvard Law School, where I still found time for an occasional D&D game or trip to the arcade.
After law school I practiced law in Boston for two years—very low gaming years—before leaving the firm for the University of Southern California Law School where I remain today.
Over my thirty years as a law professor I have continued to play a variety of games including Magic (one trip to the Pro Tour), D&D and a variety of board and miniatures games. And like most gamers, I have had video game systems from Mattel’s Intellivision to the PS4. My wife is a moderate gamer and we play console RPGs like Fallout or Dragon Age.
For me, being a law professor is the best job in the world—I love teaching. And it is fun to talk with the occasional student about gaming.
How did you get into League of Legends?
I was unaware of LOL until I saw a poster advertising the Season Two World Championship at USC’s Galen Center, which is located only a couple of blocks from my office.
On the first day of the LOL world championship, I was amazed at the thousands of gamers lined up outside the Galen Center. I was even more astonished to learn that they were lined up not to play, but just to watch the game. So I downloaded the game, played the tutorials and many AI games and then entered Normal games. Despite lacking the quick reflexes of youth, I greatly enjoyed the game. The goals and structure of the game were simple, but there was tremendous strategic depth and variety. I particularly liked the team concept and the differentiated roles.
In addition to the game itself I was impressed by the LOL community. The quality of community-produced artwork, music and cosplay produced are remarkable as is the enthusiasm of LOL fans at live events. I also appreciated Riot Games's effort to encourage the participation of women by featuring female LOL players in their community showcases and elsewhere.
What kept you playing all kinds of games for so long? Do you feel like you got something out of your gaming habit besides simply entertainment?
The key reason is fun, but successful gaming develops analytical skills. For games like D&D and LOL the ability to work with others also is important.
I also like the social aspect of gaming. I would much prefer to spend an evening playing games with friends than going out to dinner and chatting. It is more active and challenging.
I am also interested in the cultural aspect of gaming. It is important, for example, for games to avoid racist and sexist stereotypes. I have been pleased to note the incorporation of same-sex relationships in games like Elder Scrolls: Skyrim and Dragon Age: Inquisition.
Any words of advice for student-gamers looking to balance the two (or maybe find opportunities for their studies to benefit from their gaming habit)?
It is important to limit your gaming time both as a student and as a legal professional. During the school year I typically play one game of LOL each night after I have finished my class preparation and other work. One attractive feature of LOL is the ability to finish a game in about 30 minutes. And unlike some online RPGs, there is no need to log many hours of play in order to keep up with your friends. Law study and practice can be stressful but while you are battling on the Rift, you can put that stress aside.
Do you ever come across any particular player/role archetypes (mid laners, tanks, that annoying guy who pings way too often) and think, 'that person would be well suited to a career in law'?
The LOL players who would make the best lawyers are those who take the lead in communicating effectively with their teammates. Some of the same skills that are important in legal work also are relevant to League play. These include picking a style which fits your skill set, researching successful strategies and identifying and correcting your mistakes.
In both legal work and LOL, teamwork is critical. And both LOL players and attorneys need to have wards placed against unexpected developments. Finally, even in a large city the legal community is small and maintaining a reputation for honesty and reliability is critical. League players who rage at teammates or who go AFK are unlikely to be successful attorneys.
Know of any other community members doing rad things IRL? Let us know in the comments below!
**Culture** There are an awful lot of other boards. Are you sure your post doesn’t go in one of them? Be sure to double check!. This board is for content that doesn’t have a home or that doesn’t fit on one of the other boards. However, be sure to follow the Universal Guidelines when posting here! > ***{{champion:161}} : What secrets are you hiding?***
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Your standard lunge does a nice job of making your derriere stronger, but to get glutes that function at their best, you need to start moving sideways, too. You see, when you do a side lunge or skaters, for example, you strengthen muscles in your outer hips. And strong outer hips can help you steer clear knee injuries. Plus, the sideways moves engage glute muscles so they can reap all the benefits of lower-body exercises. Not sure where to start? These exercises will help inspire you to work your glutes at a new angle.
All products and services featured are selected by our editors. Real Simple may receive compensation for some links to products and services in this email on this website. Offers may be subject to change without notice. Real Simple is part of the Meredith Home Group. © Copyright Meredith Corporationthis link opens in a new tab. All Rights Reserved. Reproduction in whole or in part without permission is prohibited | Privacy policythis link opens in a new tab | Terms of Servicethis link opens in a new tab | Ad Choicesthis link opens in a new tab | Your California Privacy Rightsthis link opens in a new tab | EU Data Subject Requeststhis link opens in a new tab
If you have been training properly for at least three years, you’ll find that advanced pump-enhancing techniques like rest-pause sets, drop sets, and some of the other old-school bodybuilding techniques you’ve no doubt heard of can be effective when used sparingly. Just be sure not to overdo the use of them. And never get away from the most important rule: setting PR’s to get stronger.
The gluteus maximus arises from the posterior gluteal line of the inner upper ilium, and the rough portion of bone including the crest, immediately above and behind it; from the posterior surface of the lower part of the sacrum and the side of the coccyx; from the aponeurosis of the erector spinae (lumbodorsal fascia), the sacrotuberous ligament, and the fascia covering the gluteus medius. The fibers are directed obliquely downward and lateralward; The muscle has two insertions: Those forming the upper and larger portion of the muscle, together with the superficial fibers of the lower portion, end in a thick tendinous lamina, which passes across the greater trochanter, and inserts into the iliotibial band of the fascia lata; and the deeper fibers of the lower portion of the muscle are inserted into the gluteal tuberosity between the vastus lateralis and adductor magnus. Its action is to extend and to laterally rotate the hip, and also to extend the trunk.[citation needed]
Yuri Elkaim is one of the world’s most trusted health and fitness experts. A former pro soccer player turned NYT bestselling author of The All-Day Energy Diet and The All-Day Fat Burning Diet, his clear, science-backed advice has transformed the lives of more than 500,000 men and women and he’s on a mission to help 100 million people by 2040. Read his inspiring story, “From Soccer to Bed to No Hair on My Head” that started it all.
A 2001 study at the University of Texas found that lifters who drank a shake containing amino acids and carbohydrates before working out increased their protein synthesis more than lifters who drank the same shake after exercising. The shake contained 6 grams of essential amino acids — the muscle-building blocks of protein — and 35 grams of carbohydrates.
How to do it: From your hands and knees, move your hands out from under your shoulders so your arms are extended at roughly a 45° angle. Tuck your toes under your feet. As you exhale, straighten your legs and lift your butt and midsection toward the ceiling. Your knees should be slightly bent, and you should be up on your toes. Now drop your head between your arms, straighten your arms and legs, and push back on your feet. Press your heels into the floor, or as far as you can go. Hold for two seconds.
Prison food isn’t as bad as people think. Prisoners often get three meals a day. Meals need to meet a certain amount of calories. You don’t need that much protein to build muscle, but prisoners can buy protein powder (and also extra food like oatmeal). Prisoners aren’t underfed in most western countries. The diet may not be optimal, but it’s sufficient to build muscle.
This period also saw the rise of anabolic steroids in bodybuilding and many other sports. In bodybuilding lore, this is partly attributed to the rise of "mass monsters", beginning with Arnold Schwarzenegger, Sergio Oliva, and Lou Ferrigno in the late 1960s and early 1970s, and continuing through the 1980s with Lee Haney, the 1990s with Dorian Yates, Ronnie Coleman, and Markus Rühl, and up to the present day. Bodybuilders such as Greg Kovacs attained mass and size never seen previously but were not successful at the pro level. Others were renowned for their spectacular development of a particular body part, like Tom Platz or Paul Demayo for the leg muscles. At the time of shooting Pumping Iron, Schwarzenegger (while never admitting to steroid use until long after his retirement) said that "you have to do anything you can to get the advantage in competition".[citation needed] He would later say that he does not regret using anything.[8]
my name is Samtak and i recently started experimenting with some supplements after about 4-6 months of working out. as of right now i have a protein shake once a day with gainers in the protein powder and am trying to figure out how to use beta alanine and creatine in combination with BCAA. Can anyone help me figure out how to set out a good plan for better effects from these supplements? my current weight is 60 kg and i am 16
Irritable hip: What you need to know Irritable hip is a common cause of hip pain and limping in children before they reach puberty. It may happen after an injury or a viral infection, or because of poor blood flow. It usually gets better with rest within 2 weeks. Pain killers may help relieve symptoms. Those under 16 years should not use aspirin. Read now
Unfortunately, some people are intolerant to milk, due to the casein (one of the proteins in dairy) and have trouble digesting the sugar in milk, called lactose. If this is the case, stick to whey-only protein shakes. Maximuscle uses Biomax Whey True Protein - a unique blend of whey proteins including whey protein concentrate, isolate and hydrolysate, which are lower in lactose. Biomax Whey True Protein is used in a number of Maximuscle products (Promax and Cyclone).
"Eating well" is tough to objectively quantify. One can eat "well" but that doesn't necessarily mean that you are eating enough to build muscle or recover adequately from workouts. Also, taking protein shakes doesn't guarantee that one will start to accrue massive slabs of lean body mass. Muscle anabolism is a fairly complex metabolic process which has a number of contributing factors at the cellular level and can't be reduced to a single supplement or dietary component.
Carbohydrates play an important role for bodybuilders. They give the body energy to deal with the rigors of training and recovery. Carbohydrates also promote secretion of insulin, a hormone enabling cells to get the glucose they need. Insulin also carries amino acids into cells and promotes protein synthesis.[26] Insulin has steroid-like effects in terms of muscle gains.[27] It is impossible to promote protein synthesis without the existence of insulin, which means that without ingesting carbohydrates or protein—which also induces the release of insulin—it is impossible to add muscle mass.[28] Bodybuilders seek out low-glycemic polysaccharides and other slowly digesting carbohydrates, which release energy in a more stable fashion than high-glycemic sugars and starches. This is important as high-glycemic carbohydrates cause a sharp insulin response, which places the body in a state where it is likely to store additional food energy as fat. However, bodybuilders frequently do ingest some quickly digesting sugars (often in form of pure dextrose or maltodextrin) just before, during, and/or just after a workout. This may help to replenish glycogen stored within the muscle, and to stimulate muscle protein synthesis.[29]
This test measures a participant's ability to stand up from a seated position as many times as possible in a thirty-second period of time.[2] Testing the number of times a person can stand up in a thirty-second period helps assess strength, flexibility, pain, and endurance,[2] which can help determine how far along a person is in rehabilitation, or how much work is still to be done.
Those 5-pound dumbbells were a great place to start as a beginner, but if you've been lifting weights for a while, it's time to bump up the weight. “You can use both exercise machines and free weights,” explains Michele Olson, PhD, exercise physiologist, professor of exercise science at Auburn University Montgomery, “but, if you are not lifting heavy enough weight, it doesn’t matter if you are primarily using free weights or machines.” In order to build muscle, you must break down muscle tissue using a weight that is challenging enough to cause micro-tears, which when repaired, form denser, stronger fibers.
Go: Bending your right knee slightly and keeping your left leg straight and locked, hinge at the hips to lower your torso toward the floor, using the weight as a counterbalance as your left leg comes up in a straight line behind you. With contracted abs, squeeze your right glute and hamstring as you pull your torso back to vertical. Repeat for reps before switching legs.
(9) - Know your numbers. How can you lose or gain weight if you don’t know how much you are eating? Usually, people over eat rather than under eat. It’s safe to assume most people looking to lose weight simply just need to eat less. But, what is less? Less of what? It’s wise to know your numbers because this will help you gauge what’s going on. “Calories in vs calories out” is a tool to help you develop an understanding of what’s going on. Of what food contain what and how much, ect ect. Tracking/counting calories is not needed, but it sure does HELP SO MUCH.
If you're serious about putting on some muscle, then the most efficient way to do it is with three intense resistance training sessions and two lighter intensity workouts per week. “You need to have consistency in a workout program, hitting at least each muscle group two times a week to build muscle,” explains Lovitt. If you’re looking to switch up exercises, Olson suggests swaps such as sumo squats instead of traditional squats; step-ups on a bench instead of lunges; and then rotating back to the former. “These types of variation can be very effective in developing muscles, but the weights must still be fairly heavy that you’re using,” she says.
Remember my special answer: here it is… MOUTHTAPERS exist. People out there will tape their mouth closed during sleep so that they can breathe their nose. Even during the day sometimes. Why? Because the nose is directly connected to the diaphragm while the mouth is connected to the chest. Sure, increase chest mobility and your lungs may be able to expand more which will allow more air to be held, BUT HOW CAN YOU HOLD THAT MORE AIR IF YOUR DIAPHRAGM is weak? You won’t. So everything I just talked about must be done through the nose. Notice yourself breathing with your mouth and SWITCH right away. It takes work and energy. How you breathe during the day rolls over to how you breathe during the night.
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Disney Confirms Frozen‘s Broadway Theater & More
September 27th, 2016 | By Imogen Lloyd Webber
The rumors were true. We now have official confirmation from Disney Theatricals that Tony and Olivier Award-winning director Michael Grandage and his longtime collaborator, Tony and Olivier Award-winning scenic and costume designer Christopher Oram, have been tapped for the Broadway-bound Frozen. They replace Alex Timbers and other creative team members who recently departed the production.
We also now know for sure that when the new musical based on Disney’s Oscar-winning musical lands, as originally scheduled, on Broadway in spring 2018, it will open at the St. James Theatre (which will have a new back wall). As previously reported, Frozen is set to play its out-of-town tryout at the Buell Theatre in the Denver Center for the Performing Arts in August 2017.
Grandage’s Olivier-winning musicals include Merrily We Roll Along, Grand Hotel and Guys & Dolls. He received a Tony Award for Best Direction for Red and two Tony nominations for Best Direction for Frost/Nixon and The Cripple of Inishmaan. His biggest Broadway musical to date was the 2012 revival of Evita. Grandage is confirmed to direct 20th Century Fox’s film remake of Guys & Dolls. Oram received Oliviers for Power and Wolf Hall, and Tonys for his work on Wolf Hall and Red.
Frozen is written by a trio of Oscar winners. As previously announced, the show features music and lyrics by the creators of the film score Kristen Anderson-Lopez (In Transit, Up Here) and EGOT-winner Robert Lopez (Avenue Q, The Book of Mormon, Up Here) and a book by Jennifer Lee (Wreck-It Ralph), the film’s screenwriter and director (with Chris Buck). Frozen won 2014 Oscars for Best Song (“Let It Go”) and Best Animated Feature.
Casting and Broadway dates will be announced later.
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ABDO, Jan 1, 2010 - Juvenile Fiction - 112 pages
In Kenneth Graham's classic tale of the River Bank, Mole, Rat, Toad, and Badger make friends, have fun, and get into trouble in the Wild Wood. When Toad is imprisoned for stealing a car, the friends find themselves in a fight for Toad Hall. Follow the whimsical adventures of the Wild Wood in the Calico Illustrated Classics adaptation of Grahame's The Wind in the Willows. Calico Chapter Books is an imprint of Magic Wagon, a division of ABDO Group. Grades 3-8.
User Review - booktsunami - www.librarything.com
I managed to avoid somehow or other reading the complete Wind in the Willows until I was well into adulthood. Of course, it is probably impossible to escape bits of it such as Ratty's wise words ... Read full review
User Review - 1Avidfan - www.librarything.com
Inga Morre’s Illustrations are add so much to these classic stories and her abridged version is a treat to read aloud. Read full review
Ellen Miles,Kenneth Grahame,Steve Smallman
Kenneth Grahame,Patrick Benson,William Horwood
Kenneth Grahame was born in Edinburgh on March 3, 1859. When he was five years old, his mother died of scarlet fever and he nearly died himself, of the same disease. His father became an alcoholic and sent the children to Berkshire to live with relatives. They were later reunited with their father, but after a failed year, the children never heard from him again. Sometime later, one of his brothers died at the age of fifteen. He attended St. Edward's School as a child and intended to go on to Oxford University, but his relatives wanted him to go into banking. He worked in his uncle's office, in Westminster, for two years then went to work at the Bank of England as a clerk in 1879. He spent nearly thirty years there and became the Secretary of the Bank at the age of thirty-nine. He retired from the bank right before The Wind in the Willows was published in 1908. He wrote essays on topics that included smoking, walking and idleness. Many of the essays were published as the book Pagan Papers (1893) and the five orphan characters featured in the papers were developed into the books The Golden Age (1895) and Dream Days (1898). The Wind in the Willows (1908) was based on bedtime stories and letters to his son and it is where the characters Rat, Badger, Mole and Toad were created. In 1930, Milne's stage version was brought to another audience in Toad of Toad Hall. Grahame died on July 6, 1932.
Title Wind in the Willows
Calico Illustrated Classics
Author Kenneth Grahame
Illustrated by Shawna J.C. Tenney
Publisher ABDO, 2010
Juvenile Fiction / Classics
Juvenile Fiction / Readers / Chapter Books
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Bread & Geller
Gin and Tonic. Peaches and Cream. Ricky and Bianca. Some pairings are just meant to be… but we’re digressing.
Andrew Bloomer (Bread) and Ellie Ross (Geller) met on a West End show in 2013, where they became BFFs slash pseudo-siblings. A mere four years later, Bread & Geller was born.
In 2018 they were Runners Up of Leicester Square Theatre’s Sketch Off! competition and went on to debut their show ‘Prime Time’ at the Edinburgh Fringe Festival to critical acclaim.
“Absolutely commanded the audience…exuberant” – Chortle
“Infectious” – Beyond the Joke
“Great chemistry…very well-executed” – The List
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