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Method Man Appears in the First Trailer for HBO's New Series ‘The Deuce’
ByJoshua Espinoza
Find him on Twitter.
Image via Getty/Burak Cingi
It looks like we’ll be seeing more of Method Man on the small screen.
Earlier this week, HBO released the first trailer of its upcoming series The Deuce. The drama is set in New York City in the 1970s-’80s and will focus on the rise and legalization of the porn industry. Method Man was tied to the project as far back as 2015 when the pilot was filmed. The 46-year-old rapper will join an ensemble cast that includes James Franco, Maggie Gyllenhaal, Gary Carr, Lawrence Gilliard Jr., and Margarita Levieva.
Pimps up, actors down. From the set of #TheDeuce: Gary Carr, Method, Gbenga at rest somewhere in 1971 NYC. pic.twitter.com/4pIGLqtOQq
— David Simon (@AoDespair) November 2, 2015
According to IMDb, Method Man will play a character named Rodney, and will appear in eight episodes of the first season. The show was created by frequent collaborators David Simon and George Pelecanos, who will also serve as executive producers. Both men previously worked on The Wire, another HBO original series that also starred Method Man. In a 2015 interview with Collider, Simon discussed the show’s themes and what he hoped the series would accomplish.
“If it works, it will not be because it’s prurient. It will not be making porn to critique porn. And it won’t work because it’s puritan and sneering at the people that were there when that industry came together after the Supreme Court made it legal,” he explained. “It will work because it’s a story about human beings, and it’s a critique of market capitalism. That’s the purpose of the piece. It’s a product that didn’t exist, and then it existed. What happened to the human beings that made it come to be, and what was the cost of that? If we can affect that and stay on that fence, and not be either sneering at it or indulgent in it, it will be a worthwhile piece. If we don’t, then God help us.”
POST CONTINUES BELOW
You can check out the trailer for The Deuce in the video below. The series is set to premiere Sept. 10 on HBO.
'The Wire' Creator David Simon Enlists James Franco for New Porn Drama 'The Deuce' on HBO
'The Wire' Creator David Simon Is Working on an HBO Series About '70s Porn
Oscar Isaac Starring in HBO Miniseries by "Wire" Creator David Simon
NewsHBOJames FrancoMethod ManTrailers
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Conservative Book Club » Editor's Picks » America: Imagine a World Without Her
America: Imagine a World Without Her
Author: Dinesh D'Souza
Publisher: Regnery Publishing • 2014 • 304 pages
4.72 out of 5 • View Ratings Details • 96 Ratings
Is America committing suicide? Bestselling author and successful filmmaker, Dinesh D’Souza, explores this question and its shocking answer in his new book America: Imagine A World Without Her. In his follow-up offering to his successful movie 2016: Obama’s America, D’Souza meticulously lays out the progressive critique of America’s history and methodically rebuts each of their principal arguments. While more than just the typical political conservative commentary, America passionately defends America as an “Empire for Liberty” and makes a powerful case for Alexis de Tocqueville’s idea of American Exceptionalism.
Although the book is subtitled Imagine A World Without Her, like its recently released movie version, it ironically spends little time exploring this notion. Instead the book can be broken down into three parts: 1.) The origins of the conservative and progressive philosophies, 2.) Rebuttals to progressive critiques of perceived American oppression, and 3.) A defense of American capitalism being a force for good in the world.
The cornerstone of D’Souza’s argument focuses on the ideas of “theft” and “ownership.” To the progressive, America’s success was built off the exploitation or “theft” of certain groups throughout its history. The early settlers stole the country from Native Americans, stole the labor from African Americans, stole half of Mexico in the US-Mexican War, and to this day steal from third world countries through American capitalism. D’Souza gives much credit to American historian, Howard Zinn, and his influential manifesto A People’s History of the United States, for propagating such views in American classrooms today, or what he calls the “Spirit of 1968.”
To atone for its sins, progressives intonate America must be fundamentally transformed, or what President Obama terms, “the work of remaking America.” But to what end? D’Souza states:
“The term progressive suggests a commitment to progress. Progress implies change, and Obama’s 2008 presidential campaign slogans all focused on “change.” But change in what direction?”
While D’Souza fully admits the history of the United States is not perfect, he feels that the “theft” indictment is unfair, is not the whole story, and has never been comprehensively answered.
D’Souza believes the “Spirit of 1776” and the fundamentals of American constitutionalism has allowed America to prosper. Because of this, one of America’s greatest gifts to the world was its “invention of wealth creation” through its promotion of private property “ownership” as a natural right instead of a right bestowed by the government or monarchy, thus enabling individuals to follow their own pursuits of happiness. Progressivism challenges this pretext and is actively trying to transform America from within, or as D’Souza calls it, “committing suicide” in order to be reborn.
The genius of D’Souza is that he uses the language of progressives to boondoggle their own arguments. By using the logic progressives employ in determining certain socio-economic outcomes, progressives will find themselves rhetorically tongue-tied after reading this book, if they read it. My only criticisms of the book would be the repetitious nature of describing American capitalism throughout the third part and the unique juxtaposition of the eccentric Michael Foucault with the much revered Alexis de Tocqueville in chapter two.
The book will certainly provide rhetorical fodder for those on the right, thoughtful contemplation for the independent-minded, and no doubt chastisement from the left. If America is about to commit its suicide, there’s no time to waste to get this in the hands of every liberty-loving American!
Written by Christopher N. Malagisi, Editor of the Conservative Book Club, and is also an Adjunct Professor at American University teaching “History of the Conservative Movement.”
Tags: America: Imagine a World Without Her, Dinesh D'Souza
** Exclusive CBC Author Interview with Dinesh D’Souza ** Bestselling author Dinesh D’Souza has had a major influence on American […] More about Dinesh D’Souza.
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2018 has been another great year for conservative books, from meditations on conservative thought to more politically focused fare to […]
The 5 Best Conservative Summer Reads of 2018
Looking for one last conservative book to read before summer comes to a close? Take 5 - check out our[...]
Movie & TV Reviews
Movie Review: Dinesh D’Souza’s “Death of a Nation”
Dinesh D'Souza is back with another bestselling book-and-movie tandem -- "Death of a Nation"! Read our review to see how[...]
Dinesh D’Souza and Greg Gutfeld Headline Our Weekly Roundup
In this week's roundup, check out new books from Dinesh D'Souza and Greg Gutfeld, lists about both books, and best[...]
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Learn the dark history of the Democrat Party in our exclusive interview with Dinesh D'Souza as he discusses his new[...]
Ratings Details
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Sun Spots and Solar Wind
Our Sun is too bright for us to look directly at it; doing so would permanently damage our eyes.
However, scientists have developed technology and special telescopes that allow them to view the activity on the surface of the sun.
They have discovered a lot of information about some of the Sun’s interesting features such as sun spots and the solar wind.
Sun spots are the darkened areas that show up on the Sun’s surface. The Sun has a strong magnetic activity within itself, moving the gases around.
However, sunspots are permanent and don’t move. Their appearance of movement is due to the Sun changing its size.
Eleven year solar cycle
Sun spots follow an eleven year solar cycle where they increase in activity. They come in a variety of sizes, from the smaller ones at around 10,000 miles across to the largest ones at 100,000 miles across.
The solar wind is caused by the powerful energy from the sun. This energy actually makes a kind of “wind” that travels everywhere in the Solar System.
Solar wind is made up of charged particles that flow out of the Sun in all directions in a continuous stream.
The solar wind strength is dependent upon the Sun’s surface activity. Earth has a magnetic field that protects our planet from the harmful effects of the solar wind. However, when we travel into space, our space vehicles and the astronauts themselves lose that protection.
Electric sail
Solar wind can cause damage to our space satellites and the astronauts.
Researchers have been developing an “electric sail” that uses the solar wind for propulsion in space.
Called an e-sail, the devices would harness the streams of electrons, protons, and other types of charged particles given off by the solar wind that flow from the sun.
There is a really good possibility that this type of propulsion could be in place by 2025. Use of solar wind is far safer than the dangerous and expensive sources currently used.
Facts about Sun Spots
When we see sunspots they look very dark, although in reality they are bright. We can’t notice the difference due to how bright the sun is.
When the solar wind hits the Earth’s atmosphere our magnetic field bounces it off of the planet in a beautiful colorful display known as the “aurora borealis” or “northern lights.”
Oddly, sun spots rarely appear one at a time and are often in pairs.
The solar wind has an average speed when radiating from the Sun of 400 km/second.
The solar wind pressure creates a heliosphere that extends into the Kuiper Belt.
When the speed of the solar wind heliosphere ends it becomes subsonic and causes a phenomenon known as a “termination shock.”
The first sunspots were observed by a telescope in 1610 AD by Thomas Harriott, and Johannes and David Fabricus.
The average age for a sunspot cycle is 11 years. After that, the quantity decreases.
A Sunspot group or Active Region are the names given when two or more sunspots gather closely together.
Sunspots are in a variety of sizes. Some are so small they can barely be seen while others are several times larger than our Earth.
Solar wind happens when the rapidly moving particles on the sun become uncontrollable and the sun’s gravity can no longer hold onto them.
Solar wind is often different based on where the sun is located and how fast it’s rotating.
The speed of solar wind is higher over coronal holes due to the lower magnetic field
Solar wind can reach speeds up to 800 km/sec or 500 miles/sec.
Solar wind temperatures can be as high as 1 million F/800,000 C
What causes the appearance of sun spot movement?
the changing size of the Sun
What protects the Earth from the power of the solar wind?
Earth’s magnetic field
What colorful phenomenon happens when the solar wind hits the Earth?
northern lights or the aurora borealis
How fast does solar wind travel?
400 km/second
What causes the solar wind?
the powerful energy of the Sun
What does the pressure of the solar wind cause?
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Hampshire "will suffer most" in customs union, warns new report
By Chris Yandell dailyecho_chris New Forest Chief Reporter
The Brexit debate is raging on.
HAMPSHIRE will suffer more than many other counties if Britain remains in the European customs union, according to a new report.
Campaigners claim a Brexit deal which involved continued membership of the customs union would leave the UK £80bn a year worse off than if it had stayed in the EU.
The research has been carried out by the National Institute of Economic and Social Research (NIESR).
Citing the small regional differences likely to result from a “customs union Brexit” the report predicts that Hampshire would be particularly hard hit.
It claims the area’s economy would shrink by 3.3% - or £2.8bn - within a decade.
The report’s co-author, Arno Hantzsche, said: “Regional effects are driven by a range of factors, including the composition of local industry, the size and flexibility of local markets and the intensity of trade with the rest of the EU.”
Mr Hantzsche said Hampshire would see its Gross Domestic Product (GDP) decline by slightly more than the national average.
He added: “This is mainly driven by its geographical proximity to mainland Europe and the ports in Southampton and Portsmouth which currently facilitate trade between Hampshire and the Isle of Wight firms and the rest of the EU.
“These firms would be particularly affected by any trade barriers resulting from a customs union Brexit.”
The NIESR report says keeping the country tied to the trading bloc, hindering its ability to strike deals with other countries outside the EU, would deliver a huge blow to its national income. Ministers would have to raise taxes or cut public services to make up the shortfall.
Environment Secretary Michael Gove has said: “The referendum was clear. We need to take back control of trade. That means leaving the protectionist customs union.”
But those in favour of remaining in the union argue that cutting trading ties would itself damage the UK economy.
The NIESR report was commissioned by the People’s Vote campaign, which is demanding a second referendum.
The UK is due to leave the EU on October 31 but could depart sooner if the government can get an agreement through Parliament.
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Guest Post: Breaching the Firewall: D&O Exposure from Cybersecurity Incidents
By Kevin LaCroix on October 23, 2017 Posted in Cyber Liability
Andrew G. Lipton
Laura Schmidt
Although a number of high-profile data breaches have led to D&O claims, so far the plaintiffs’ track record in these kinds of cases has been poor. However, as a result of a number of recent developments, there may be good reason for corporate directors and officers to be concerned about these kinds of claims going forward, as discussed in the following guest post by Andrew G. Lipton and Laura Schmidt, both associates at the White & Williams law firm. I would like to thank Andrew and Laura for submitting their article for publication as a guest post. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Andrew and Laura’s guest post.
For many D&O insurers, the risk of exposure posed by cybersecurity incidents involving their insureds has been unclear at best. Cybersecurity incidents, and the corresponding shareholder claims that follow, pose unique and challenging coverage issues under D&O insurance policies. Over the past several years, shareholder claimants have had only limited success with derivative lawsuits and securities class actions against companies’ directors and officers after cybersecurity incidents, such as a data breach. These defense-friendly case decisions have shielded D&O insurers from potentially hefty jury verdicts and damages – to date.
However, D&O insurers should not get too comfortable. New developments have imposed additional responsibilities on company directors and officers in the cybersecurity area – most recently in sweeping regulations promulgated by the New York State Department of Financial Services. These new responsibilities suggest an evolving standard of care for a corporation’s board and/or C-Suite officers with respect to preventing, developing, implementing, and maintaining cybersecurity policies and programs to mitigate, detect, and respond to cyber risks. Armed with an ever-evolving standard of care, corporate shareholders may be able to hold corporations and their management responsible for flawed or inadequate cybersecurity decision-making, which would inevitably lead to heightened exposure risks for D&O insurers in this volatile area. Based on prior D&O litigation trends, D&O insurers can expect that even a few litigation successes will inevitably lead to an increased rate of litigation by would-be shareholder plaintiffs.[1]
Fundamentals of D&O Insurance
The principal purpose of D&O insurance is to protect the personal assets of corporate directors and officers.[2] The D&O insurance policy typically contains three insuring agreements.[3] The “Side A” insuring agreement covers loss directly incurred by directors and officers that the corporation is not required or permitted to pay as indemnification to the directors and officers.[4] The “Side B” insuring agreement covers loss the corporation pays, or is required or permitted to pay, as indemnification to its directors and officers.[5] The ‘Side C” insuring agreement covers loss incurred by the corporation itself, commonly only for securities claims if the insured is a public corporation.[6] At its core, directors and officers liability is grounded in corporate decision-making. The quality and integrity of corporate decision-making is constantly being tested by new rules and regulations governing corporate compliance. Once a new set of rules enters the C-Suite, the prospect of loss incurred due to corporate actions, or lack thereof, crosses a significant threshold.
Lack of Success from Early Shareholder Lawsuits
Until recently, courts have been hesitant to find that directors and officers were remiss in their fiduciary duties with respect to preparing for, preventing or responding to a cybersecurity incident. For example, in 2016, a Minnesota federal judge granted motions to dismiss filed by Target Corporation’s executives, directors and the board of director’s special litigation committee after the special litigation committee issued a 91-page report concluding that Target should not pursue derivative claims against officers and directors based on the company’s 2013 cyber breach incident,[7] which affected approximately 110 million Target customers.[8] Had the court allowed the Target derivative litigation to move forward, the potential exposure to Target’s directors and officers and to Target’s D&O insurers would have been enormous, given the magnitude of the data breach.
In another notable D&O case, shareholders for Wyndham Worldwide Corporation initiated a shareholder derivative lawsuit against certain directors and officers of the company, relating to three cyber breaches that the company suffered between April 2008 and January 2010.[9] After an investigation was commenced by the Federal Trade Commission, a Wyndham shareholder issued a letter to the board of directors of Wyndham demanding that a lawsuit be commenced against the board for its allegedly inept data security practices.[10] In the complaint, the plaintiff shareholder alleged the company and its subsidiaries failed to take reasonable steps to protect customers’ personal and financial information in a secure manner and failed to timely disclose the cyber breaches in the Company’s financial filings.[11] The plaintiff further alleged that the defendants’ failure to protect against cyber breaches severely damaged the company and its reputation and resulted in an enforcement action by the FTC.[12] After reviewing the demand (and other similar demands which were issued by other shareholders), the board had decided not to bring the lawsuit because it judged that the demand was not “well-grounded.”[13]
The Court, applying Delaware law, granted the defendants’ motion to dismiss, concluding that the board’s refusal to pursue the plaintiff’s demand for a lawsuit was a good-faith exercise of business judgment made after a reasonable investigation.[14] The court concluded that due to the “ample information” the board had at its disposal when it rejected the derivative plaintiff’s demand, and the “numerous steps” the board took to familiarize itself with the subject, the plaintiff had failed to make a showing that the board’s investigation of the cyber security incidents was unreasonably designed or conducted.[15] In particular, the court noted that between 2008 and 2012, the Wyndham board engaged in discussions about cyber security and proposed security enhancements at fourteen separate board meetings, and had hired various technology firms to investigate the breaches and provide recommendations for enhancing the company’s security. The board implemented those recommendations.[16]
The Court agreed with the board’s stated reasons for demand refusal, namely that commencing a suit would impair Wyndham’s ability to defend against the FTC suit. Thus, the court concluded that Wyndham’s board “had a firm grasp of Plaintiff’s demand when it determined that pursuing it was not in the corporation’s best interest.”[17]
Settlements and the Rise of Regulations: A Standard of Care Begins to Take Shape
While the shareholders in the Target and Wyndham suits were unsuccessful in successfully pleading shareholder derivative complaints, D&O insurers already have paid substantial defense costs associated with these unsuccessful derivative claims. Additionally, insurers should anticipate the potential for coverage of future settlements of D&O cases involving cybersecurity issues in light of more rigorous regulatory standards that companies are expected to adopt.
For example, the Securities and Exchange Commission and the New York Department of Financial Services have both announced their intentions to hold directors and officers to a responsible standard when it comes to preventing and responding to cybersecurity incidents.
In the SEC’s Examination Priorities, published on January 12, 2017, the SEC warned publicly traded companies that it will be investigating cybersecurity practices with higher scrutiny.[18] Specifically, the SEC states that “[i]n 2017, we will continue our initiative to examine for cybersecurity compliance procedures and controls, including testing and implementation of those procedures and controls.”[19]
In early 2017, the New York State Department of Financial Services (“NYDFS”) enacted game-changing regulations which establish new standards for corporate cybersecurity practices.[20] The rules, which went into effect on March 1, 2017, apply to any person operating under or required to operate under a license, registration, charter, certificate, permit, accreditation or similar authorization under the Banking Law, the Insurance Law or the Financial Services Law.[21] Under the NYDFS regulations, companies regulated by NYDFS are required to establish a cybersecurity policy, maintain a cybersecurity program, and designate a Chief Information Security Officer (CISO) responsible for overseeing and implementing the cybersecurity program and enforcing the cybersecurity policy.[22] The NYDFS regulations require the company’s CISO to report in writing at least annually to the Covered Entity’s board of directors or equivalent governing body on the company’s cybersecurity program and material risks.[23]
However, the most significant parts of the NYDFS cybersecurity regulations for D&O insurers are the requirements imposed on “Senior Officers,” defined as an individual responsible for the management, operations, security, information systems, compliance and/or risk. Senior officers or the Company’s board of directors must approve the written cybersecurity policies and procedures developed by the company.[24] Additionally, senior officers must certify on an annual basis compliance with the NYDFS requirements.[25]
These regulations are designed to shift the burden of cybersecurity prevention, detection and response to the private sector as a matter of public policy.[26] This dynamic shift arguably adds weight to the level of scrutiny that will be applied to corporations and their management who do not comply with these regulations.[27] As described in the introduction of the NYDFS cybersecurity statute, “[s]enior management must take this issue seriously and be responsible for the organization’s cybersecurity program…A regulated entity’s cybersecurity program must ensure the safety and soundness of the institution and protect its customers. It is critical for all regulated institutions that have not yet done so to move swiftly and urgently to adopt a cybersecurity program.”[28]
In addition to these regulations, the increase in data breach litigation and recent high profile settlements have further fleshed out the responsibilities of corporate management. For example, in August 2015, shareholders filed a derivative complaint against Home Depot alleging that certain directors and officers failed to institute internal controls sufficient to oversee the risks that Home Depot faced in the event of a data breach.[29] The court ultimately sided with Home Depot’s board of directors, concluding that while in hindsight Home Depot’s implementation of a data security plan was too slow, the plan would not have fixed all of Home Depot’s security issues. A corporate director’s decisions need only be reasonable, not perfect.[30] While an appeal of the dismissal was pending, the parties reached a settlement. Pursuant to the settlement agreement, Home Depot agreed to adopt certain cyber-security related corporate governance reforms, which would require Home Depot’s board of directors in part to:
document the duties and responsibilities of Chief Information Security Officer (“CISO”);
periodically conduct table-top cybersecurity exercises;
monitor and periodically assess key indicators of compromise on computer network endpoints;
maintain and periodically assess the company’s partnership with a dark web mining service to search for confidential Home Depot information;
maintain an executive-level committee focused on the company’s data security;
receive periodic reports from management regarding the amount of the company’s IT budget and what percentage of the IT budget was spent on cybersecurity measures;
maintain an Incident Response Team and an Incident Response Plan;
maintain membership in at least one Information Sharing and Analysis Center (“ISAC”) or Information Sharing and Analysis Organization (“ISAO”); and
retain their own IT, data and security experts and consultants as deemed necessary.[31]
In the motion before the court to approve the settlement, the plaintiffs asserted that these corporate governance reforms provided “clear roles and responsibilities over data security” and called for Home Depot to “proactively monitor external sources, share information about potential threats and maintain a response plan, all of which increases accountability and oversight over the Company’s data security systems.”[32]
Home Depot’s settlement is significant for D&O coverage for two reasons. First, the settlement identifies clear practices and policies that directors and officers are likely to implement to respond to a data breach. As more of these settlement agreements are hashed out, a clearer picture will form regarding the standard of care that directors and officers will be held to when preventing and/or responding to a data breach. Second, the Home Depot settlement raises the question of whether the adoption of a heightened compliance regime as part of a settlement creates coverage or funding obligations under a D&O insurance policy.
Takeaways: The Nature of Cyber Risk Assessment for D&O Underwriters Must Evolve
Cases similar to Wyndam and Home Depot will become more commonplace as the nature and severity of cyber risk evolves. The September 7, 2017 disclosure of the Equifax data breach provides a prime example. Alongside the various consumer class action lawsuits filed as a result of the data breach disclosure, at least one additional shareholder class action seeks to hold certain Equifax directors and officers responsible for the resulting stock drop that occurred after the September 7, 2017 disclosure.[33] Specifically, the plaintiff alleges that Equifax’s financial statements were materially false and misleading because Equifax failed to maintain adequate measures to protect its data systems and failed to maintain adequate security and monitoring systems to detect data breaches.[34] This lawsuit shows how shareholder plaintiffs are using a company’s cybersecurity practices as a foundation for asserting allegations against the company’s directors and officers in the wake of a data breach disclosure, and corresponding drop in the company’s stock price. The NYDFS has already reacted to the Equifax data breach by proposing regulations that would require credit reporting companies like Equifax to comply with the NYDFS cybersecurity regulations.[35] The increase in cybersecurity regulations will continue to provide a roadmap for shareholder lawsuits against directors and officers in the future.
D&O underwriters can no longer rely on the relative inexperience of courts, or the lack of controlling precedent, to assess the level of risk a certain insured poses due to the possibility of cyberattacks. Previously, as exhibited by the courts’ reasoning in these cases, cyber losses only potentially implicated D&O exposure. Going forward, it can be expected that the NYDFS cybersecurity regulations (and similar state and federal regulations which may follow) will continue to delineate specific prevention, detection and response duties for corporate management. This development will effectively place a corporation’s D&O insurance program directly in the cross-hairs when corporate management fails to live up to those heightened duties. For every cyber loss a corporate insured is exposed to, the inquiry will immediately turn to whether the board or C-Suite of that corporate insured adequately complied with the given cybersecurity regulations. D&O insurers should be forewarned.
AUTHORS’ NOTE: The original version of this article first appeared in the Q4 2017 issue of the PLUS Journal. This version has been amended by the authors to include their observations and analysis in connection with the recent Equifax data breach.
The authors wish to extend a special thanks to John McCarrick, chair of the Directors and Officers Group of White and Williams LLP, as well as Joshua Mooney and Jay Shapiro, co-chairs of the Cyber Law & Data Protection Group of White and Williams LLP, for their guidance and insight during the drafting of this article.
[1] Whether D&O insurers can charge additional premiums that reflect this heightened risk in the current, highly-competitive underwriting environment is another story, and beyond the scope of this article.
[2] See 4-26 New Appleman on Insurance Law Library Edition § 26.01
[3] See 3-37 New Appleman Insurance Law Practice Guide § 37.02
[4] Id.
[7] See generally Mary Davis, et al. v. Gregg W. Steinhafel, et al., United States District Court for the District of Minnesota, Lead Case No. 14-cv-203 (PAM/JJK), Order (Filed Jul. 7, 2016); Mary Davis, et al. v. Gregg W. Steinhafel, et al., United States District Court for the District of Minnesota, Civil Action No. 14-cv-00203 (PAM-JJK),
[8] See Jonathan Stempel and Nandita Bose, Target in $39.4 million settlement with banks over data breach, Reuters (Dec. 2, 2015), http://www.reuters.com/article/us-target-breach-settlement-idUSKBN0TL20Y20151203.
[9] See Palkon v. Holmes, Civil Action No. 2:14-CV-01234 (SRC), 2014 U.S. Dist. LEXIS 148799, *2 (D.N.J. Oct. 20, 2014).
[10] See id.
[11] See id. at *2-*5.
[14] See generally id.
[15] See id. at *12.
[18] https://www.sec.gov/about/offices/ocie/national-examination-program-priorities-2017.pdf
[20] See 23 NYCRR §§ 500.00-500.23
[21] Id.
[28] 23 NYCRR §§ 500.00
[29] See In Re The Home Depot, Inc. Shareholder Derivative Litigation, United States District Court for the Northern District of Georgia, Atlanta Division, Civil Action File No. 1:15-CV-2999-TWT, Opinion and Order (Nov. 30, 2016).
[30] See id. (quoting Lyondell Chemical Co. v. Ryan, 970 A.2d 235, 243 (Del. 2009)).
[31] See https://www.dandodiary.com/wp-content/uploads/sites/265/2017/05/home-depot-settlement.pdf
[33] See Hampden Kuhns v. Equifax Inc., et al., CA No. 17-03463, N.D. Ga.
[35] See http://www.dfs.ny.gov/about/press/pr1709181.htm
Tags: cybersecurity, D&O liability, data breach litigation, litigation trends
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Q&A with TV Commercial Legend Jerry Carroll, a.k.a. "Crazy Eddie"
By Audrey Gray
DS: Of course, the first thing we did to research the "Crazy Eddie" brand re-launch story was to go back and watch your commercials from the '70s and '80s. There was just nothing on TV back then like your arm gestures, not to mention your rapid-fire delivery.
JC: The character was actually a realization of a radio disc jockey...I was a high-energy radio disc jockey in those days. Back when Eddie had one or two stores, he heard me read his spots live on my radio show. He heard that "insaaaane" at the end and said, "Why can't they all sound like this?" So he came up to the studio after my show at WPIX-FM one night and we met. It was the beginning of a long working relationship...as we went on, I started to adlib and play with the ads a little bit and that's how it began. I wasn't really ever an actor.
The radio commercials started gaining momentum. It was my early-20s. Eddie wanted to do television in 1975. He tried an agency and they didn't really do any good spots, so he put me on TV. I went out and bought a blue suit and I had a gray turtle neck and that was that.
1 2 3 AllNext »
Jerry Carroll
E Audrey Gray Author's page
The 4 Reasons Shoppers Don’t Come Back to Stores
GameStop to Pilot Customer-Centric Store Layouts
Embracing the Future of Retail Loyalty
How B-to-B Retailers Can Embrace Showrooming
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August Wilson's Fences
Ladrica Menson-Furr
Series: Modern Theatre Guides
General Preface Continuum Modern Theatre Guides
1 Background and Context
2 Analysis and Commentary
3 Production History
4 Workshopping the Play
Timeline 1950–65
Fences represents the decade of the 1950s, and, when it premiered in 1985, it won the Pulitzer Prize. Set during the beginnings of the civil rights movement, it also concerns generational change and renewal, ending with a celebration of the life of its protagonist, even though it takes place at his funeral. Critics and scholars have lauded August Wilson's work for its universality and its ability, especially in Fences, to transcend racial barriers and this play helped to earn him the titles of "America's greatest playwright" and "the African American Shakespeare."
'Fences, the centerpiece of August Wilson's epic ten-play cycle, is a moving tale of one man's struggle to create a home and family in a world that seems bent on destroying his dreams...In this book, Menson-Furr displays her considerable talents as an award-winning teacher, explaining the play with a straight-forward facility that should connect with students of all levels. This book is an excellent introduction to one of the most important American plays of the late 20th century, serving also as an excellent introduction to August Wilson, one of the most important American playwrights of the last fifty years.' - William W. Demastes, Louisiana State University, USA
"It is wonderful... [with] value to scholars and theatre artists alike. Anyone looking to structure a semester of study around this classic of American theatre will find this to be an invaluable resource. Likewise, for any actor, or other theatre artist, looking to stage a production of Fences, the workshop information, coupled with the background and contextual analysis that Dr. Furr provides, will greatly support their desire for a fully realized and in depth representation of what Mr. Wilson envisioned." - Reginald C. Brown, Assistant Professor, Department of Theatre and Dance, University of Memphis
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Fifth Circuit Slaps Down Another Oil and Gas Insurer for Denying Coverage
By Peck Hayne on September 17, 2015
Posted in Legal Updates, News
This has not been a good summer in the Fifth Circuit for oil and gas insurers denying claims. In Cox Operating, L.L.C. v. St. Paul Surplus Lines Insurance Co., 795 F.3d 496 (July 30, 2015), the Fifth Circuit upheld a jury award of over $9 million in damages and over $13 in penalties. Then, in Weiser-Brown Operating Co. v. St. Paul Surplus Lines Insurance Co., Docket No. 13-20442 (Sep. 16, 2015), the Fifth Circuit upheld a jury award of over $2 million damages and a judge’s award of over $1.2 million in penalties.
The Cox decision relates to Cox’s efforts to collect from its insurer for millions of dollars Cox spent in cleaning up pollution and debris after Hurricane Katrina damaged its oil and gas facilities in Eloi Bay and Quarantine Bay in Plaquemines Parish, Louisiana. St. Paul provided both a $1 million primary commercial general liability policy and a $20 million umbrella policy. Both policies provided coverage for pollution clean-up costs that result from a sudden and accidental pollution incident. Although St. Paul paid just under $1.5 million of the over $10.9 million in claims submitted by Cox for its clean-up, St. Paul refused to pay the difference. The jury awarded Cox the full difference plus another $13,064,948.28 in penalty interest because St. Paul had not, within 30 days after Cox’s claim notice, “commence[d] an investigation of Cox[’s] claim” or “request[ed] from Cox … all items, statements, and forms that St. Paul reasonably believed, at that time, would be required from Cox.”
Like the jury, the Fifth Circuit had no sympathy for St. Paul. Even though Cox had submitted over $2 million in claims after the one-year reporting period specified in the policies, the Fifth Circuit held that St. Paul’s denial of Cox’s claim constituted a waiver of this reporting requirement. Cox had reported the pollution event within a year; that it took over a year to complete the clean-up would not prejudice Cox. The Fifth Circuit also rejected St. Paul’s argument that it should get a credit for the $5 million that Cox was paid by other insurers for its separate ROWD (removal of wreckage and debris) policy; the Fifth Circuit agreed with Cox that the $9 million jury award was for an amount “over and above” what Cox had already recovered. Finally, the Fifth Circuit rejected St. Paul’s numerous efforts to set aside the $13 million penalty award. Because St. Paul dilly-dallied in responding to Cox, the Fifth Circuit had no hesitation in upholding the 18% interest penalty under the Texas Prompt Payment of Claims Act, Tex. Ins. Code § 542.054. Although St. Paul was able to convince the Texas Association of Defense Counsel to file an amicus brief supporting its petition for rehearing on the penalty issue, the Fifth Circuit had just one follow-up word to say: denied.
The Weiser-Brown decision tells a similar tale. Weiser-Brown spent millions associated with the “loss of control” of an oil well it operated in Lavaca County, Texas and made a claim to St. Paul under its control-of-well insurance policy. A jury awarded $2,290,457.03 in damages to Weiser-Brown, and the district court awarded another $1,232,328.14 under the Texas Prompt Payment of Claims Statute.
On appeal, St. Paul just attacked the penalty award. But again, St. Paul’s arguments fell short. Even though St. Paul had promptly acknowledged Weiser-Brown’s claim with a request for further information, it never indicated in its various follow-up letters that any request for information remained unfulfilled or that determination of coverage was contingent on receiving more information. Because St. Paul did not accept or reject Weiser-Brown’s claims within 15 days after Weiser-Brown’s last submission of documentation (the applicable time-period under the version of the statute in effect at the time), the district court imposed the 18% penalty interest from that date, and the Fifth Circuit affirmed.
The bottom line for insurers is that they should not be cavalier in dealing with their oil and gas insureds. The bottom line for oil and gas companies is that they should give prompt notice to their insurers and respond to timely requests for information, but that they should not surrender whenever an insurer pushes back: courts and juries in the Fifth Circuit have shown little pity for insurers who do not honor their contracts.
If you are an oil company with a coverage dispute or just have questions about your insurance coverage, please feel free to give us a call.
Tags: Cox Operating, Fifth Circuit, jury award, oil and gas insurers, St. Paul, umbrella policy, waiver, Weiser-Brown
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Take Heed to Avoid Being Cast a Single Business Enterprise
ALERT- Severance Tax Audit Update
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Economy · Entrepreneurship · Startups
Grey Entrepreneurs: 1 in 10 Brits Start Their Own Business in Retirement
How do you picture your retirement? You might not have a clear idea of what it’ll look like, but a lot of people would at least agree that retirement means ‘stop working’.
It turns out that for 1 in 10 Brits, retirement just means time for a new boss – themselves. According to Aviva’s Retirement Reality Report, 10% of people would like to start their own business in retirement. So, not so much ‘stop working’ as ‘stop working for someone else’. Retirees with these ambitions have been nicknamed ‘grey entrepreneurs’.
The report, based on a survey of 2,010 UK employed adults aged between 22-65 conducted for Aviva by Censuswide, also found that 47% of people would like to travel in retirement and 29% would like to take up or continue with a hobby – more traditional things associated with retirement.
A further breakdown of the survey results shows that:
Londoners tend to be most entrepreneurial, with 19% expressing interest in starting their own business in retirement
Their example is least likely to be followed in Norwich (2%)
The interest in becoming your own boss in retirement is slightly higher in men (12%) than in women (8%)
“The concept of working one day and immediately retiring the next is becoming a thing of the past,” says Alistair McQueen, Head of Savings and Retirement. “Today, 1.2 million people are continuing to work beyond their 65th birthday – more than ever before. Some are working full time, and some part time. Some are working for an employer, and some for themselves.”
Different age groups show considerable differences in the interest in grey entrepreneurship. As the research shows, those who are farther from retirement tend to have a higher interest in starting a business in retirement, as 15% of respondents age 22 to 30 years expressed such aspirations, while only 5% of people aged 46 to 55 years did the same.
“Some are working through necessity – to pay for their lives in retirement – and some through choice – with an enthusiasm to keep going,” says Alistair. “Whatever the motivation, age must no longer determine our options in life. And to those who want to start a business, I say ‘Go for it’! The mixture of energy and experience feels like a winning combination to me.”
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Innovative Cryotherapy for Canine Nasal Tumors
By Roxanne Hawn
The most common symptoms of nasal tumors in dogs are snorting sounds while breathing, nasal discharge, and nosebleeds.
Typical treatment for nasal tumors involves radiation:
16 radiation treatments over three weeks
Each one requiring anesthesia
The mean survival time, after radiation, is 12-14 months. Side-effects of radiation treatments often impact a dog’s eyes and mouth as well.
New Less Invasive Option Being Tested
Michele Steffey, DVM, Dipl. ACVS, assistant professor of small animal surgery at University of California-Davis, School of Veterinary Medicine, is testing a new treatment called “transnare cryoablation.”
Essentially, she is using extreme cold to freeze and remove the tumor tissue.
Steffey explains, “The cryoprobe is basically a large needle that is closed at the tip. Inert gasses – argon and helium – are cycled through the cryoprobe to control the temperature and vented back through the system, so the patient is never directly exposed to the gasses. The argon is the gas that causes the drop in temperature around the probe due to the expansion of the gas (Joule-Thompson effect) within the probe. We take the temperature down to about -60 to -80 degrees Celsius to kill the tumor.”
Transnare cryoablation is considered less invasive that traditional treatments because it does not require any incisions. In addition, Steffey’s team can make several passes with the freezing probe while the pet is under anesthesia just once. Depending upon the specific case, some dogs may require additional sessions later.
For example, a 9-year-old chocolate Lab named Barkely had been in treatment for adenocarcinoma for a year when he became a patient of Steffey’s. The good news is that nasal adenocarcinoma often grows only where it begins without rapidly spreading to other areas of the body, such as the lungs or lymph nodes.
Barkely’s tumor stretched from the tip of his nose all the way to the back of his nasal cavity. While Barkely had some invasion from the left to the right side of his nose, the tumor had not broken through the cribriform plate, a bone that separates the nasal cavity from the brain.
In March 2013, while under anesthesia, Barkely received four consecutive treatments with the cryoprobe in about 45 minutes. He had a few nosebleeds afterwards, but Steffey says that’s to be expected.
Barkely’s four-month recheck CT scan showed no evidence of nasal tumor regrowth and no evidence that the cancer has spread to his lungs or lymph nodes.
The clinical trials of this new procedure are just beginning, so it’s hard to know how long these results may last. So far, things look promising.
Steffey says, “All types of nasal tumors may be enrolled in the study, and we will follow their outcome in order to eventually make more specific recommendations as needed. However, just like other local therapies for cancer (radiation, surgery), there may be anatomic or other limitations to safe administration of the treatment in an individual patient, and that decision can only be made on a case-by-case basis.”
Have you enrolled your pet in experimental treatments?
This is brand-new stuff. Have you ever allowed something new to be tested on one of your pets? Would you do it, if you had the chance?
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Who Were The People Who Attended The Constitutional Convention
Freedom of Speech. Schenck v United States (1919). Charles Schenck was arrested for violating the Espionage Act, passed by Congress in 1917. The Espionage Act made it illegal to defame the government or do anything that might retard the war effort.
by Sol Bloom Q. How were deputies to the Constitutional Convention chosen? A. They were appointed by the legislatures of the different States. Q. Were there any restrictions as to the number of deputies a State might send? A. No. Q. Which State did not send deputies to the Constitutional Convention? A. Rhode Island and Providence Plantations.
Sep 22, 2017. Free people in a slave society “are by far the most proud and jealous. Southern delegates to the Constitutional Convention (especially those.
Timeline Of The American Revolution Battles The American Revolution was a political battle that took place between 1765 and 1783 during which colonists in the Thirteen American Colonies rejected the British monarchy and aristocracy, overthrew the authority of Great Britain, and founded the United States of America. See the fact file & timeline of key events below for more information on
In total, the mock convention was attended by 137 people, including more than a dozen academics, former legislators and businesspeople, according to Convention of States Action. The original.
Fifteen settlers were. Constitutional Convention the next year. His farm and sawmill endured heavy dam failures and financial setbacks. So in 1861, he moved to Lake Shetek with several families.
Its streets were crowded with people of diverse national origins. That perception is said to have contributed to a decision to keep the Constitutional Convention’s proceedings secret. Secrecy Rule.
His authorship of the Address to the People of Great Britain, published by the first. In 1777 he attended the New York constitutional convention, and was.
CONSTITUTIONAL RIGHTS FOUNDATION Bill of Rights in Action FALL 2009 (Volume 25, No. 2) Building Democracy The Major Debates at the Constitutional Convention
Benjamin Franklin Plumbing Andover Ct Current Construction Bid Projects. Click on column title to sort by that heading. Initial sort is by date, municipality and title/description. Note that rows highlighted in yellow have been recently updated. january 23rd: machine shop cnc machining centers cnc lathes • milling machines surface grinders • lathe • saws inspection equipment • tooling january 14th:
The Constitutional Convention: 31 (also known as the Philadelphia Convention,: 31 the Federal Convention,: 31 or the Grand Convention at Philadelphia) took place from May 25 to September 17, 1787, in the old Pennsylvania State House (later known as Independence Hall because of the adoption of the Declaration of Independence there eleven years before) in Philadelphia.
In The Federalist No. 1, Alexander Hamilton warned of leaders who begin "paying an obsequious court to the people; commencing demagogues, and ending tyrants." At the constitutional convention.
Biography from the National Archives: In 1725 George Mason was born to George and Ann Thomson Mason. When the boy was 10 years old his father died, and young George’s upbringing was left in the care of his uncle, John Mercer.
He was president of the state’s Constitutional Convention in 1857, which produced a document that was ratified by Oregonians along with provisions that outlawed slavery but also banned free black.
Three Visions for African Americans. In the early years of the 20th century, Booker T. Washington, W. E. B. Du Bois, and Marcus Garvey developed competing visions for the future of African Americans.
Others preferred a government in which individual states were strong and independent. In the years after the Constitutional Convention, Spaight would become. In 1793, after ending his public service career, he moved to New York City.
Martin Van Buren Definition [initials of a facetious folk phonetic spelling, e.g., oll or orl korrect representing all correct, first attested in Boston in 1839, then used in 1840 by Democrat partisans of Martin Van Buren, who allegedly named their organization, the O.K. Club, in allusion to the initials of Old Kinderhook, Van Buren’s nickname, derived from his birthplace,
Dec 7, 2005. These are the people who did one or more of the following: – signed the. attended the Constitutional Convention of 1787 – signed the.
Introduction. As Britain and France battled each other in the early 1800’s, enterprising Americans wanted to take advantage of the war by transporting goods for both sides, across each nation’s blockade lines.
Who Were Grover Cleveland S Siblings The deed was signed in 1887 by then President Grover Cleveland. Mary Ann Lush descended from Richard Bird’s other wife, Laura Crandall. When the LDS people were driven from Winter. his father. The siblings spent another $300,000 to purchase a boarded-up building across the street to open Sky’s the Limit, a clothing store. who graduated
This September, the group Convention of States convened what it claimed was the first simulated constitutional convention in the nation’s history. 137 state legislators representing all 50 states.
The creation of the United States Constitution-John Adams described the Constitutional Convention as "the greatest single. creation of a strong central government, did not attend. Notably absent.
Of the 13 original states only Rhode Island did not send representatives. Twelve states appointed 70 individuals to the Constitutional Convention, only 55 attended and 39 signed the Constitution.
The Annapolis Convention was a meeting at Annapolis, Maryland of 12 delegates from five states (New Jersey, New York, Pennsylvania, Delaware, and Virginia) that called for a constitutional convention. The formal title of the meeting was a Meeting of Commissioners to Remedy Defects of the Federal Government. The defects that they were to remedy were those barriers that limited trade or.
Oct 21, 2014. And the method they prefer is a constitutional convention — the first. and wealthy individuals could spend to influence convention delegates.
He became close with some of these people as he recounts. to which African-American politicians were subjected in the press, even in death. “The deceased was a prominent member of the late.
The information being presented in a professional manner by seemingly reputable people is so blatantly. would not want a constitutional convention. I mean, whoa, who knows what would come out of.
In July, Human Rights Watch set out its serious concerns about the convention in “Burma: Constitutional Convention a Facade. it has muzzled the delegates who were permitted to attend, and it has.
Guest blogger, Michael Newton examines the process by which the Founders decided upon the electoral college method of choosing the president. He finds their decision to be an important part of the system of checks and balances they put in place and warns against weakening it.
Following the election of 1860, some prominent Southern leaders, Jefferson Davis among them, wanted to give the Lincoln administration a chance to sooth the sectional strife. However, South Carolina sized the initiative, having clearly warned that if the Republicans won the.
Bush were each elected president. And it had strong support among the convention’s abolitionists. Alexander Hamilton, who.
The men who attended the Constitutional Convention in 1787 sought to create a leader who would direct the entire government but still remain dependent on the other branches of government, the states.
A constitutional convention is a meeting of delegates to establish a document that serves as the framework for government. Arkansas has had eight conventions.
Synopsis. Born on March 16, 1751, in Port Conway, Virginia, James Madison wrote the first drafts of the U.S. Constitution, co-wrote the Federalist Papers and sponsored the Bill of Rights.
History Of The California Roll Dec 7, 2016. This week we take on Vancouver's sushi history. That's how it got called the California roll. The California Roll caused a lot of controversy. California Roll book. Read 4 reviews from the world's largest community for readers. The fifth in the reissued series of Moses Wine mysteries. The opport. Explore the legacy
Franklin returned home in 1785 and participated in the Constitutional Convention of 1787. not its elite. These were the people on whose virtues a prosperous democracy would be built or on whose.
Party Origins. The Convention People’s Party is descended from a line of political movements formed in the early half of the 20th century to spearhead the anti-colonial struggle in the Gold Coast.
To say a great deal of skepticism attended the Constitutional Convention would. Bicameral legislatures were not the invention of the Connecticut delegation, Stewart, David O. The Summer of 1787: The Men Who Invented the Constitution.
The men who attended this convention were considered youthful, with an. To some delegates, the economic aspect of the constitution was the utmost priority.
Mar 28, 2016. Alexander chose to stay with his mother's people. The four who attended were William Few, Abraham Baldwin, William. After his work at the Constitutional Convention he served Georgia in the U.S. Congress for ten years.
While people may debate Carson. a driving force behind the 1787 Constitutional Convention. Prior to then, Jefferson certainly wrote about and debated constitutional issues. Also back in 1776,
The Australian Republican Referendum 1999 – Ten Lessons Date: 3 March 2000 Author: The Hon Justice Michael Kirby AC CMG Justice of the High Court of Australia Type: Address Organisation: Faculty of Law, University of Buckingham Event: Location: Buckingham, UK. The Hon Justice Michael Kirby AC CMG* ABSTRACT. Two proposals to amend the Australian Constitution were submitted to the.
Proof that progressivism is alive and well on planet Earth came again this past week via a Wisconsin federal judge’s ruling that the National Day of Prayer. attended the Constitutional Convention:.
The right of these districts to set their own standards topped the power of Congress to require that the principle of one person, one vote be respected for black and brown people. Washington to.
If you were a malign. policy for a free people to keep up large military establishments and standing armies in time of peace"? They love to invoke Madison. They are seldom if ever guided by his.
[*]Professor of Law, Valparaiso University School of Law. U.S. Const. amend II. See generally David I. Caplan, Restoring the Balance: The Second Amendment Revisited, 5 Fordham Urb. L.J. 31, 40-41 (1976) (arguing that the first Congress stated that a well-regulated militia was "necessary" to the security of a free state, not just "sufficient," and that Congress recognized that the ordinary.
The American Civil War Readworks Answer Key [But] the message was clear: we are the tip of the spear of American cultural imperialism. Our government wants them to be missionaries for post-Christian America, apostles of liquid modernity. In this lesson, students answer these and related questions. appears in The New York Times’s own war logs archive. Before students read the content of
Saturday, June 30. In Convention, — Mr. BREARLY moved that the President write to the Executive of New Hampshire, informing it that the business depending before the Convention was of such a nature as to require the immediate attendance of the Deputies of that State. In support of his motion, he observed that the difficulties of the subject, and the diversity of opinions called for all the.
While he did attend the Constitutional Convention, he made a greater contribution at a later time as a Virginia Court of Appeal Judge. Through that position and.
Driving License History Usa » « Poster Of American Presidents
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Several dead in Buhari rally stampede in Nigeria
Wednesday 13 February 2019 - 8:31am
People's Democratic Party (PDP) supporters wave party flags during a campaign rally at Tafawa Balewa square in Lagos on February 12, 2019.
ABUJA, Nigeria - Several people were killed on Tuesday when a stampede erupted at a campaign rally of Nigerian President Muhammadu Buhari days ahead of general elections, his office said.
The president "has just been informed of the tragic deaths of several members of his All Progressives Congress (APC) party in a stampede during a presidential rally held in Port Harcourt in Rivers State," it said in a statement released late Tuesday.
READ: Court seizes houses linked to Nigeria's former first lady
Local media said panic broke out at the end of the gathering, held inside the Adokiye Amiesimaka Stadium, when crowds tried to force their way through a locked exit.
"Those from behind were pushing and putting pressure on those in front leading to some persons falling on the ground and being trampled upon," said journalist Egufe Yafugborhi of the Vanguard newspaper.
The incident claimed at least 14 lives, according to a spokesman for the University of Port Harcourt Teaching Hospital.
"There are others under medical attention at the Emergency Unit, so we can't force a clear figure beyond what the situation is at the moment," Kem Daniel-Elebiga told AFP.
Saturday's election in Africa's most populous country will see Buhari stand for a second four-year term against former vice-president Atiku Abubakar in what is expected to be a close race.
In recent weeks, tensions have risen between the APC and Abubakar's People's Democratic Party (PDP).
READ: Buhari to seek second term in 2019
The PDP has accused the government of seeking to rig the vote while the APC has said the opposition party is fomenting unrest.
Five people were killed during weekend clashes between supporters of the two main political parties in the southeast, police had confirmed on Monday.
The victims, all APC members, were shot and killed on Sunday in an apartment in Effurun, near the oil city of Warri, said Delta state police spokesman Andrew Aniamaka.
The US, Britain and the European Union have in recent weeks publicly warned against vote-rigging and election violence, and also expressed concern over Buhari's suspension of Nigeria's top judge last month.
Nigeria's last election in 2015 was considered free and fair, but state and local elections, as well as earlier presidential polls, have been marred by violence and fraud allegations.
READ: Nigerian president Mahammadu Buhari to visit UK doctor
Compared to that vote, international interest in Nigeria's election has been muted as the US administration focuses on domestic issues and Britain wrestles with its impending exit from the EU.
A British colony until 1960, Nigeria is an ally of both countries which are home to large Nigerian diaspora communities.
Nigeria's Buhari wins re-election
Muhammadu Buhari took an unassailable lead of more than four million votes.
Nigeria await for winner of presidential vote
The chairman of the Independent National Electoral Commission, Mahmood Yakubu, will officially announce the outcome in the coming days.
Everest '96: Uncomfortable Feeling
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Medications May Cause Long Term Cognitive Impairment
Types of Disability
Indiana University School of Medicine
Synopsis : Drugs for common medical conditions including insomnia allergies or incontinence may cause long term cognitive impairment.
Medications found to cause long term cognitive impairment of aging brain.
Drugs commonly taken for a variety of common medical conditions including insomnia, allergies, or incontinence negatively affect the brain causing long term cognitive impairment in older African-Americans, according to a study appearing in the July 13, 2010 print issue of Neurology , the medical journal of the American Academy of Neurology.
These drugs, called anticholinergics, block acetylcholine, a nervous system neurotransmitter, and are widely-used medical therapies. They are sold over the counter under various brand names such as Benadryl®, Dramamine®, Excedrin PM®, Nytol®, Sominex®, Tylenol PM®, and Unisom®. Other anticholinergic drugs, such as Paxil®, Detrol®, Demerol® and Elavil® are available only by prescription. Older adults most commonly use drugs with anticholinergic effects as sleep aids and to relieve bladder leakage problems.
Researchers from Indiana University School of Medicine, the Regenstrief Institute and Wishard Health Services conducted a six-year observational study, evaluating 1,652 Indianapolis area African-Americans over the age of 70 who had normal cognitive function when the study began. In addition to monitoring cognition, the investigators tracked all over-the-counter and prescription medications taken by study participants.
"We found that taking one anticholinergic significantly increased an individual's risk of developing mild cognitive impairment and taking two of these drugs doubled this risk. This is very significant in a population - African-Americans - already known to be at high risk for developing cognitive impairment," said Noll Campbell, PharmD, first author of the study. Dr. Campbell is a clinical pharmacist with Wishard Health Services.
"Simply put, we have confirmed that anticholinergics, something as seemingly benign as a medication for inability to get a good night's sleep or for motion sickness, can cause or worsen cognitive impairment, specifically long-term mild cognitive impairment which involves gradual memory loss. As a geriatrician I tell my Wishard Healthy Aging Brain Center patients not to take these drugs and I encourage all older adults to talk with their physicians about each and every one of the medications they take," said Malaz Boustani, M.D., IU School of Medicine associate professor of medicine, Regenstrief Institute investigator and IU Center for Aging Research center scientist.
"The fact that we found that taking anticholinergics is linked with mild cognitive impairment, involving memory loss without functional disability, but not with Alzheimer Disease, gives me hope. Our research efforts will now focus on whether anticholinergic-induced cognitive impairment may be reversible," said Dr. Boustani, who added that "this study offers a new window to change the burden of dementia" for the individual, the caregiver and the healthcare system."
"This finding of a link between anticholinergics and long term mild cognitive impairment complements our previous work which confirmed a link between anticholinergics and delirium, which is a sudden onset cognitive impairment," said Dr. Campbell.
Although this study, which was funded by the National Institute on Aging, looked at only African-Americans, both Dr. Campbell and Dr. Boustani believe future studies will find that the results are generalizable to other races.
In addition to Dr. Campbell and Dr. Boustani, co-authors of "Use of Anticholinergics and the Risk of Cognitive Impairment in an African-American Population" are Hugh Hendrie, MB, ChB, DSc, of the IU School of Medicine and the Regenstrief Institute; Valerie Smith-Gamble, M.D. of the IU School of Medicine and the Roudebush VA Medical Center; and Kathleen A. Lane, M.S., Sujuan Gao, Ph.D., Babar A. Khan, M.D., Jill R. Murrell, Ph.D., Frederick W. Unverzagt, Ph.D., Ann Hake, M.D., and Kathleen Hall, PhD. of the IU School of Medicine. Dr. Hall is also a Regenstrief Institute affiliated scientist.
A down-loadable list of medications with anticholinergic effects can be found on the website of the Indianapolis Discovery Network for Dementia, of which Dr. Boustani is the founder and scientific director.
The IU School of Medicine and the Regenstrief Institute are located on the campus of Indiana University-Purdue University Indianapolis.
Developmental Dyscalculia Information and Facts - Developmental Dyscalculia is a form of learning disability that affects the ability to acquire math skills an average child might.
Children with Dyspraxia in America - Information and resources regarding dyspraxia in children in the US Developmental dyspraxia involves an immaturity of the organization of a persons movement.
Gait Changes and Cognitive Disability - Gait disturbances like slowing of walking pace or more variable stride may indicate decline in cognitive function.
Insight into Intellectual Disabilities in the 21st Century - Insight into Intellectual Disabilities in the 21st Century reveals a nation in the midst of change.
Journal: Disabled World. Language: English. Author: Indiana University School of Medicine. Electronic Publication Date: 2010/07/13. Last Revised Date: 2010/07/13. Reference Title: "Medications May Cause Long Term Cognitive Impairment", Source: Medications May Cause Long Term Cognitive Impairment. Abstract: Drugs for common medical conditions including insomnia allergies or incontinence may cause long term cognitive impairment. Retrieved 2019-07-19, from https://www.disabled-world.com/disability/types/cognitive/medication-impairment.php - Reference Category Number: DW#239-4601.
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Channel 10's Ashlee Baracy claps back at body shamers
Ken Gordon The Columbus Dispatch @kgdispatch
Jul 7, 2019 at 6:00 AM Jul 7, 2019 at 3:04 PM
Pregnant meteorologist hopes that going public with cruel comments she has received will help others
The joy that Ashlee Baracy felt when she learned she was pregnant in December was followed almost immediately by dread.
“The sad part is the second I found out I was pregnant, I knew I would have to deal with criticism of my body by viewers,” said Baracy, 34, a meteorologist for WBNS-TV (Channel 10).
“I’ve been around the business long enough, and I’ve seen colleagues go through that. Anchors can hide a little bit behind the desk, but I knew it would be tough for me, because people see me head-to-toe in front of the green screen every day, and my figure would be on full display.”
BREAKING BABY NEWS Love is in the air and we have BIG NEWS to share! My husband and I are elated to meet our little valentine this August! #10TV pic.twitter.com/RAUfJuT4c0
— Ashlee Baracy (@AshleeBaracy) February 11, 2019
Sure enough, as soon as Baracy announced her pregnancy on air in February — the baby is due in August — the comments flowed in via email and social media.
“I can tell. Unless you are just super bloated.”
“Congratulations!!! I knew your face looked fuller.”
Get the news delivered to your inbox: Sign up for our morning, afternoon and evening newsletters
As time went on and her belly grew, some viewers got downright mean.
“Pregnant or not, buy bigger clothes!!! You look bloated and uncomfortable. . . it is not likely your dresses will survive another 20 weeks of pregnancy weight.”
“Ashley, I couldn’t see next week’s temps. Your baby was in the way.”
“Ashley, you are really putting on weight. Watch your heart.”
Rather than suffer silently, Baracy chose to clap back. She has posted many of the worst comments on her social media pages and hopes to turn a negative into a positive.
“If I can use my voice to make things better, I will do that,” she said. “I hope this is a platform where we can talk more about it, because there are many women who deal with it.”
This was not the first time Baracy has dealt with the harsh glare of attention. She competed in beauty pageants for several years and was named Miss Michigan in 2008.
“I had to have thick skin to be a public figure,” she said. “But this time for me was a little different. I’m growing a miracle, and I have every right to have children.
“Yes, I signed up to be a public figure, but my family didn’t. My unborn child didn’t.”
Comments on personal appearance — whether it be their weight, hair or choice of outfit — are common for women in the broadcast business.
Colleen Marshall, 62, has been on air with WCMH-TV (Channel 4) for 35 years.
She said she thinks social media has given people a license to say things that they would not say face-to-face. But she also has encountered several people who were not afraid to be more directly critical.
“I had a guy walk up to me and say, 'I can’t believe you’re this small, I always thought you were a fat lady,’” Marshall recalled.
WSYX-TV (Channel 6) anchor Kurt Ludlow, 58, another industry veteran, said male broadcasters rarely hear criticism, and when they do, it usually is about their tie or suit and not more personal.
Baracy said she is grateful for the support she has received after going public about the comments. Most viewers, she said, are encouraging.
Her husband, Jeff Kunkel, also has been a big help. The two, who live in Westerville, were married in 2017, and this is their first child.
“When you deal with people who take their forecast more seriously than our baby, it gets to be frustrating,” Kunkel said. “We talk about it, and I just try to keep her positive.”
Not everyone is as well-equipped to handle such criticism, though. And it can cause serious problems.
Jason McCray is the chief science, outreach and education officer at the Center for Balanced Living, a Far North Side facility that treats people with eating disorders.
He said weight shaming and body shaming can lead people to not eat enough or begin harmful behaviors such as purging.
“And that can happen even if it’s not them being body shamed,” he said. “If they hear someone else being criticized, they may think, `What does that mean for me, because she looks way better than I do.’”
Marshall said she once had a younger female colleague talk about getting Botox injections.
“I asked her what she was getting Botox for, and she said, 'I’ve got to get ahead of it,’” Marshall said. “And I was thinking, `Oh, good Lord, don’t let them do this to you.’”
Baracy will be fine. She hopes that by making this issue public, it will help others better deal with it.
“Now that I’m going to be a mom, I want my child to be confident in their skin,” she said. “Kids shouldn’t look at someone on TV and hear their parents say, `She looks fat,’ because what might they think when they look in the mirror?”
kgordon@dispatch.com
@kgdispatch
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Mood & Depression Resources On Campus
Stay Connected Mental Health Project
Dalhousie and King's both have two on-campus peer support workers who provide free, non-judgmental, confidential, and safe mental health support to students.
The peer support workers have received 16 hours of training adapted from the Nova Scotia Certified Peer Support Specialist Program and other training programs from across Canada. They also have their own personal experiences with mental health, allowing them to identify, relate to, and support students on a peer-to-peer level.
The peer support workers are available to talk and provide support!
The peer support workers can be found on Studley campus in the DSU Wellness Room of the SUB basement, and on King's campus in the student support office of the A&A building.
Drop in hours can be found here.
Self-Care Skills Drop-In Group
Ongoing drop-in group group working to develop strategies for management of mood and anxiety.
Explore various self-care, cognitive, and behavioural strategies to help cope with feelings of being overwhelmed, and symptoms of stress, anxiety, and / or depression.
New members are welcome every week!
Class schedule can be found here.
Group takes place at Dalhousie Health and Wellness, 2nd Floor, LeMarchant Place.
Student Health & Wellness Centre Walk-In Counselling
Student Health and Wellness encompasses all health services available to Dalhousie students, including counselling and psychological services.
Students have access to walk-in counselling services in order to address their mental health and wellness needs.
Delivering counselling services through a walk-in model not only reduces the wait lists for individual therapy, but it allows students to be seen when their problems are imminent. Walk-in counselling encourages early intervention of distress, which has shown to be important to reduce the impact of potential debilitating factors associated with poor mental health or mental illness.
Walk-in counselling is also beneficial for those who may only need a single counselling session when they’re feeling distressed.
The first walk-in session also acts as an intake session. The purpose of this 30-50 minute session is to:
Screen & assess your situation
Discuss your options
Suggest strategies for coping with immediate issues
Create a wellness plan
Walk-in counselling appointments are available daily on the 2nd floor, LeMarchant clinic (1246 LeMarchant Street).
Simply walk in, or call ahead (902-494-2171) to determine availability of walk-in appointments.
Clinic hours can be found here.
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» Cancer Survivorship
Jos Verbeek and Evelien Spelten
Last Updated on Tue, 02 Jul 2019 | Cancer Survivorship
The situation of cancer patients returning to work has taken a turn for the better. Where early research reported profound job discrimination of cancer patients (e.g. Feldman1), recent literature suggests that breast cancer patients are only slightly less frequently unemployed than their healthy controls.1 Maunsell et al. found a statistically significant 7% difference in risk of being unemployed between breast cancer survivors and healthy controls 3 years after diagnosis and concludes that job discrimination is not an issue anymore. In a more recent survey of return to work among breast cancer patients, only 7% perceived that they were discriminated against because of their cancer diagnosis.2 However, this does by no means imply that the return to work process cannot be difficult for individual patients.3 This could also be reflected in the finding that cancer is among the most frequent causes of dispute and litigation.4
Return to work has been a topic of interest in research for over 30 years, where nevertheless only a few attempts have been made to transfer knowledge to the field of cancer survivorship. In this chapter, we consider the main points that have been addressed in research. We look at the remarkable change in tone and issues, which has taken place over the course of the past 30 years. In this context, we present a model of factors impacting the return to work of cancer patients. We reflect on the progress that has been made and we realize that not all problems have been solved. Despite the obvious improvements, cancer patients still have to battle ignorance and hostility in the workplace and still have to cope with the aftermath of a diagnosis and treatment which has a significant impact upon their lives and well-being. We note areas and issues that will need future attention. Within this perspective we present the results of a prospective cohort study we conducted and look at the impact of fatigue on the return to work of patients.
Now that we realize that a cancer patient returning to work is no longer the exception, the next step should be taken. We need to consider how to make the patient's transition back to work as unproblematic as possible. The second half of this chapter will therefore focus on ways forward in aiding and supporting cancer patient in their return to work.
2.0. EXTENT OF THE PROBLEM
There is a substantial percentage of people below the age of 65, who see their lives affected by cancer. Advances in the detection and treatment of cancer, combined with an aging population, mean greater numbers of cancer survivors in the near future.5 Not all cancer survivors are old. In fact, current estimates suggest that roughly 40% of the cancer survivors are working age adults.6,7 This has increased attention for the societal reintegration of cancer patients. Despite the improving prospects, diagnosis and treatment still have such an impact on patients that often some form of societal reintegration is essential. The majority of the younger and middle-aged survivors will be part of the work force at the time of diagnosis. In the United States they accounted for about 4 million workers in 2002. Accurate estimates on the prevalence of cancer in the working population are hard to come by.8 There is still a need for more systematic collection of data on the employment status of cancer patients. Still, irrespective of the possible size of the group, for this group return to work is an important aspect of societal reintegration.
3.0. IMPORTANCE OF WORK
Being able to return to work and to stay at work is important, both for society and for the individual. From a societal point of view it is important to reduce avoidable work incapacity. Economic loss is involved in unnecessary work cessation. From an individual's point of view, not being able to return to work following an illness frequently results in financial loss, social isolation, and reduced self-esteem. This financial loss is additional to the increased financial costs patients already endure due to their illness.
Conversely, return to work can improve the quality of life of cancer patients, can have a positive effect on self-esteem and social or family roles. Patients consider return to work to be important. Work performance after cancer treatment is frequently seen as a measure of recovery in its own right.9
4.0. LITERATURE REVIEW
Over the course of a more than 30-year period, studies have been conducted into the occupational rehabilitation of cancer patients and in issues relating to job discrimination. McKenna's report in 1973 can be seen as the formal start of interest in studies of job discrimination of cancer patients in the United States. In this report, McKenna describes the adverse work and insurance history of his patients.10 These studies were followed by the extensive Feldman studies.1 Feldman conducted a 5-year study of the work experiences of blue collar workers, white collar workers, and youths with cancer histories in the 1970s and reported job discrimination as well as factors impacting on the return to work of cancer patients. The results of these studies still serve as the basis for quotes on blue collar workers having problems returning to work due to the physical nature of their work. In addition, in 1989 Ivan Barofsky edited his book: Work and Illness: The Cancer Patient, one of the very few books on the subject. A relative void which is somewhat lessened by the book in hand.
In retrospect, it emerges that the United States dominated the first years of research, placing the spotlight on legal issue such as job discrimination and on insurance problems experienced by cancer patients. Major issues were: access denied to life insurance and health insurance, as well as blatant job discrimination. For example, affordable private health insurance is usually tied to a particular job.11 These issues appear to be largely the result of the social security and legal system, or lack thereof in this country and thus describe a situation that is far from applicable across the globe.
There has been a steady flow of research on the occupational rehabilitation of cancer patients, mainly conducted in North America.12,1,13,14 These studies have focused on the patient's perspective and have signaled that cancer survivors report problems upon their return to work. The main difficulties were health and life insurance problems and a lack of understanding from coworkers. Sometimes these problems led to survivors leaving the work force.1,10
In 2002, we published a literature review for the period 1985-99, thus covering roughly the second half of the total period of 30 years.15 In this review we provided an overview of research into the return to work of cancer survivors. We examined both the rate of return to work and factors impacting this return. In order to know how many patients and which patients need help, not only information is required on the percentage of patients for whom return to work is relevant, but also on factors associated with return to work.
From our review, it became apparent that the earlier emphasis on legal and insurance issues had been augmented by a wider scope of factors impacting the return to work of cancer patients. Ranging from self-esteem, through the effects of chemotherapy to social support and lymphedema as well as fatigue and job context.
For a more systematic approach, the factors reviewed were categorized according to the World Health Organization (WHO) disability model into work-related, disease- or treatment-related, and person-related factors.16 Health complaints, mood, and other psychological factors were categorized as person-related factors. Health complaints were subsumed under person-related factors, although health complaints can be related to the disease and treatment. Since all data were based on patients' reports and since complaint levels are known to show individual variation, this seemed a more appropriate categorization. The association with work-related, disease- or treatment-related, and person-related factors was considered in terms of a positive association (indicating facilitation of return to work), a negative association (implying a hindrance to return to work), or no association with return to work.
4.1. Work-Related Factors
A positive attitude of coworkers and discretion over work hours or amount of work was positively associated with return to work. Most work-related factors, however, were negatively associated with return to work, such as manual labor and work posing physical demands. Interestingly, discrimination at work was not significantly related to return to work and did not seem to be a more prevalent problem among cancer survivors than found in a control group of persons without cancer.17 However, in a more recent survey women with breast cancer who perceived discrimination because of cancer were three times less likely to return to work than those who did not perceive discrimination.2
4.2. Disease- and Treatment-Related Factors
The only positive association was related to the number of months since the end of treatment. The chance of a return to work increased if more time had passed since the end of treatment. Most factors related to disease and treatment were not related to return to work. Mixed results were found for disease stage and cancer site. In a study of patients with Hodgkin's disease, as well as in a study of lymphoma patients, disease stage (divided in stages I-IV) was not related to return to work.18,19 In a study of breast cancer patients, disease stage was coded as a three-level variable into 'local', 'regional', and 'remote'. Women diagnosed with regional and remote disease stage were more likely to be on leave 3 months after diagnosis than women diagnosed with localized disease.20 Equally, in a study of patients with lung, cervical, pancreatic, and prostate cancer, a negative association between disease stage and return to work was found.21 However, no further specification of disease stage was given in the latter study. Weis et al. studied a heterogeneous group of cancer patients and found that patients with head and neck cancer and breast cancer reported most problems upon their return to work.22 Similarly, van der Wouden et al. reported more problems in returning to work for patients with head and neck cancer.23 Patients with testicular cancer generally reported very few problems upon returning to work and consequently had a high rate of return to work. The relatively few problems in return to work of patients with testicular cancer were also reported in a study by Bloom et al.24 In this study, patients with testicular cancer were compared to patients with Hodgkin's disease. The reporting of fewer problems by testicular cancer patients was considered to be related to their treatment having less consequences than in other cancer patients.
4.3. Person-Related Factors
Mobilizing social support was positively associated with return to work.25 However, most person-related factors were negatively associated with return to work. For example, a changing attitude toward work reflected a reduced importance of work and a decrease in aspirations with regard to work. These changes were negatively related to return to work.14 With the exception of increasing age, none of the sociode-mographic characteristics were found to have a statistically significant relation with return to work. Mixed results were found for increasing age, fatigue, and reaction to diagnosis/treatment. For increasing age, three studies reported no relation and three studies reported a negative association with return to work. Equally, fatigue was found to have either a negative or insignificant relation. In a study of men with testicular cancer, the reaction to diagnosis/treatment was found to have both a positive and a negative relation. For some patients surviving the debilitating treatments made them perceive themselves as stronger and more capable. Other patients felt less confident about their physical ability in relation to their work, or about their ability to cope with stress. They also commented on becoming less interested in work achievements as a result of having cancer. "Life is too short" to be so involved with work.26
Although we recognize the need for additional corroboration of these findings, the accumulated results from the review suggest that:
• A supportive work environment facilitated return to work.
• Manual work or work which requires strong physical effort is negatively associated with return to work.
• With respect to disease and treatment related factors, patients with head and neck cancer, in particular, are at a disadvantage when returning to work, whereas patients with testicular cancer experienced relatively few problems upon their return to work.
• Sociodemographic characteristics, including education, income, gender, and marital status, were not found to be associated with return to work.
• Although it is generally assumed that increasing age is an important hindrance in return to work, results were mixed. Most studies did not find an association, while only one study reported a negative relation between increasing age and return to work. The results did not seem to be biased toward a younger group of workers with a relatively good prognosis.
• Moreover, all studies suffered from one or more of the following methodological weaknesses: the use of small samples, unstandardized, study-specific instruments, cross sectional rather than longitudinal designs, and no statistical testing of results.
• Finally, the rate of return to work in these studies varied from 30 to 93%, with a mean rate of 62%.
5.0. THE IMPACT OF FATIGUE AND OTHER CANCER-RELATED FACTORS ON RETURN TO WORK
In an attempt to overcome most of the methodological weaknesses discussed above, we conducted a longitudinal prospective cohort study into the return to work. The aim of the study was to assess the impact of fatigue and other cancer-related symptoms on the return to work of cancer survivors.27 For this study we developed a model of the impact of cancer-related symptoms on the return to work of cancer patients, controlling for clinical factors, subject-related factors, and person-related factors (Figure 1).
Cancer is a collective name for a heterogeneous group of diagnoses whose treatment is far from uniform. There is some evidence that the consequences of the illness and its treatment, the cancer-related symptoms that are experienced by patients, can affect the likelihood of resumption to work. For example, the relatively rapid return to work of patients with testis carcinoma is explained by the relative absence of cancer-related symptoms.15 We realized that concentrating on differences at the level of diagnosis bears the risk of generalization: e.g., not all patients with testis carcinoma experience few problems upon their return to work. Cancer-symptoms are in general independent of the cancer site and treatment. We assumed that it is not simply diagnosis and treatment that hinders return to work, but rather the symptoms patients experience as a result of their diagnosis and treatment. In the study, we paid special attention to cancer-related fatigue. Cancer-related fatigue has been described as "the commonest and most debilitating symptom in patients with cancer."28 Fatigue is one of the best known and best-researched symptoms. Other equally relevant cancer-related symptoms are depression, sleep problems, physical
Figure 1. Model of the Impact of Cancer-Related Symptoms on the Return to Work of Cancer Patients, Controlling for Clinical Factors, Person-Related Factors and Work-Related Factors.
complaints, cognitive dysfunction, and psychological distress.29-31 Cancer-related fatigue can have psychological and physical causes and is as such associated with the other symptoms, e.g., sleep problems or depression.
Cancer-related symptoms are not only highly prevalent in cancer patients, irrespective of the cancer site, but they are also likely to have an impact in a wide variety of work settings and may thus hinder the resumption of work. In addition to cancer-related symptoms, the impact of clinical, work-related, and subject-related variables15 on the resumption of work needs to be considered, including diagnosis and treatment, physical workload,1 work stress, age, gender, and work hours.15 The aim of the study was to examine the relationship between fatigue and other cancer-related symptoms and the return to work in cancer patients, taking into account the impact of clinical-, work-, and subject-related factors. The impact of the symptoms was considered in a cohort of cancer survivors starting from 6 months following their first day of sick leave. The research question was: do the symptom scores at 6 months after the first day of sick leave predict the time taken to return to work and the rate of return to work at 12 months of follow-up? For a description of patients and methods, we refer to the original paper, here we want to concentrate on the results and their implications.
In our study, 64% of the cancer patients had returned to work at 18 months following their first day of sick leave. Fatigue levels at 6 months after the start of sick leave predicted the return to work at 18 months following the first day of sick leave. This was independent of the diagnosis and treatment, but not of other cancer-related symptoms. Age and physical workload were also independently related to the return to work. The other potential predictive factors like sleep problems, cognitive functioning, psychological distress, and work pressure were not significantly related to the return to work.
To our knowledge, this was the first longitudinal study in which the impact of cancer-related symptoms on the resumption of the work has been investigated in a systematic way. We were able to follow the cohort for a sufficiently long and appropriate period in which an additional 40% returned to work. The loss of patients during the follow-up was small. We studied factors that were important in predicting the return to work, identified from previous research. Within the cohort, there was a wide variety of symptoms and cancer types which facilitates the generalization of our results to cancer survivors in general. For all of the predictive factors, we used validated questionnaires.
The findings were in line with previous research that established the importance of fatigue and physical workload, in addition to diagnosis and treatment, but our study also showed that cancer-related symptoms are highly correlated.
Return to work is dependent on the nature of the social security system and many other social and cultural factors. This certainly influences the absolute rates of and time to return to work. In this study, the measures of association between the predictive factors and outcome measure are relative, comparing risks between subgroups of the cohort. This allows for a generalization across countries.
The interrelated nature of the cancer-related symptoms makes it difficult to disentangle potential relationships with the outcome measure. Even though the correlation coefficients were all far below 0.90, beyond which there would be too much collinearity, the statistical model yielded different results when all cancer-related symptoms were entered at the same time.32 We chose a stepwise regression analysis in the final model to decide which predictors were most strongly related to the time taken to return to work. Due to multicollinearity, this result is arbitrary for cancer-related symptoms. Since fatigue is a component of many cancer-related symptoms, we feel that to improve the return to work rates fatigue should still be an important focus of attention.
Our study was based on a theoretical model that hypothesized that apart from fatigue, more cancer-related symptoms would influence the return to work. This turned out not to be the case for sleep problems, emotional distress, and cognitive dysfunction. For cognitive dysfunction, studies are needed that focus on different types of chemotherapy, resulting in specific cognitive dysfunction that may have remained obscured in our heterogeneous sample. Of the subject-related factors, this study only confirmed the previously found impact of age on the time taken to return to work.
To better predict problems encountered in the resumption of work, we need more knowledge about the process of returning to work in general. Qualitative studies could yield more insight into the processes that take place. These processes may be cognitive, e.g., "work will harm my health," may depend on social relations, e.g., "my spouse thinks it is too early to go back to work," or be dependent on the advice of the treating clinicians, e.g., "rest is the best cure for fatigue."
In our review of the return to work of cancer patients, we found that the percentage of cancer survivors varied from 30 to 93%, with a mean rate of 62% across all of the studies.15 The findings of our study compare favorably with these results. However, patients who were very ill, in particular, and those who died were lost to follow-up. We cannot exclude that with the inclusion of some of these patients the rate of return to work would have been lower and the predictive value of the clinical factors could have been higher. This positive finding may also have been influenced by patients going back to work too soon. However, job satisfaction scores were relatively stable over time, with a score of 92.4 (S.D. 13.0) in the assessment taken prior to diagnosis, and a slightly, but not significantly, lower mean score of 89.7 (S.D. 17.5) for all of the survivors who had returned to work at 18 months following the first day of sick leave (range 0-100, where a higher score indicates more job satisfaction).
This study showed that cancer-related symptoms have an impact on social functioning with the important consequence of limiting the resumption of work, independent of other clinical and personal predictors. Curt advocated clear and well-established guidelines for the management of fatigue by physicians. The findings from our study underscore the need for such guidelines.28
6.0. DEVELOPMENTS SINCE THE REVIEW
Since the review, a number of papers and reports have been published that seem to underline the results from our prospective study.2,3,9,33-35 In all, these papers underline the idea that now cancer patients do a lot better and that the next step should be taken. Job discrimination is no longer the issue. One editorial even speaks of "myth busting" referring to breast cancer patients having problems upon their return to work and referring to the excellent work of Elisabeth Maunsell and colleagues.11 In a recent meta-analysis of employment of childhood cancer survivors, we found similar results. Employment in general was lower among survivors but varied with the type of cancer. For most types of cancer we could not show a difference in employment except for cancer that involved the central nervous system. For this group the risk of unemployment was almost five times higher among cancer survivors than among their healthy controls. A surprise finding from the meta-analysis was that survivors in North American studies did less well than those in European studies. It could be an indication that job discrimination in the USA has still more impact than in Europe.36
A recent IOM report speaks of a survivor care plan to better involve health workers in the care and attention for cancer survivors. In such a plan attention should be paid to interventions to improve return to work.37
7.0. INTERVENTIONS TO IMPROVE RETURN TO WORK
From the studies about risk factors we can conclude that experiencing a life-threatening disease like cancer has a big impact on working life for a couple of years at least. However, the variation in how patients deal with this life event is great. Some do not report sick at all and some never return to work. Depending on the diagnosis, the average number of months of being on sick leave is around 5 months.3 This indicates a need for support in the return to work process. However, we do not know of any research in which this need has been studied and if patients experience a need for such support. It is our impression that when patients are offered support for return to work by their treating physicians this is highly appreciated. There is an urgent need for studies that evaluate interventions. In advance of such studies we will indicate what could be suitable interventions and outcomes to be studied. We will end with tangible advice that can be given to cancer survivors to improve the return to work process.
8.0. WHAT SHOULD THE PHYSICIAN DO?
In general, there are few theories that can guide physicians in how they can best support cancer survivors to return to work. Sickness absence and return to work after sickness can be viewed from many different points of view. There are many studies about factors that in general influence sickness absence in workplaces.38,39 The economic impact of sickness absence and disability at the societal and company level is high. That is probably the reason that many studies address the economic or financial aspects of sickness absence. However, as mentioned before, especially return to work can be seen as a problem at the individual level as well. For most patients, work is an important aspect of their life and loss of work usually entails a substantial decrease in income. Thus, return to work can be seen as part of rehabilitation activities. In comparison to sickness absence in general or in comparison to the sickness absence related to back pain, the sickness absence of cancer survivors is a relatively small proportion and economically less important because the numbers are much smaller.
From a theoretical point of view, the WHO model of functioning indicates where possibilities for interventions can be found. The WHO explains in its International Classification of Functioning, Disability and Health how persons cope with their disability (Figure 2). The model states that working is one of the roles in which one can participate in society. Participation is strongly related to the ability to perform activities, which in turn is determined by the proper functioning of the body. Diseases or disorders affect this triad, possibly leading to disability depending on the conditions. Important conditional factors are of environmental and of personal origin.16 The model offers three opportunities for intervention.
The first is better treatment. With successful treatment, the disease and its consequences will disappear. For example, a change in the treatment of heart disease greatly influenced its related disability in the 1970s and 1980s.40
Secondly, the environmental factors provide an opportunity for intervention. Adapting the environment can make the difference between retirement due to ill health or living an ordinary working life. The science of ergonomics has evolved around the concept of adapting the environment to workers.41 This has always been a strong incentive for occupational physicians to advocate workplace adaptations to prevent disability. Usually these interventions are beyond the scope of clinicians.
Thirdly, the person-related factors, such as attitudes and opinions, form a natural focus for intervention for the clinician.
Studies that have investigated the prognosis of return to work among patients suffering from a variety of diseases confirm the idea gained from the WHO ICF model.42-45 From our research we know that among cancer survivors the severity of the disease in terms of impact on physical integrity has the biggest influence on the
Figure 2. Points of Intervention Based on the WHO Model of Functioning.
time needed to return to work, but environmental factors and person-related factors play an additional role. There is still a lack of knowledge on person-related factors in return to work studies among cancer survivors. We know that for example the expectations patients with musculoskeletal disorders and mental health problems have about recovery predict the return to work best.46 These are even better than the doctors' prediction.47 This finding is in line with the model of Illness Representations. This theory states that the functioning of the patient is dependent on the idea that the patient has of the illness. The most important features of the illness representation are the cause (biologically versus functional), the time-line (long versus short), and the consequences for functioning. If the illness representations are not based on realistic medical knowledge, they can also be called misconceptions.48 Based on this model, Petrie could show that long-term sickness absence was more frequent among patients with myocardial infarction that had misconceptions of their disease.49 Subsequently, he could show in a randomized controlled trial that if these misconceptions of the illness could be changed by a cognitive behavioral intervention, the return to work rate was twice as fast.50 We feel that this could also be a promising approach for cancer, where misconceptions about the disease and its consequences were very common until recently. However, we don't know of any research that has studied the prognostic value of cancer survivors' expectations or illness representations.
9.0. WHAT OUTCOMES SHOULD BE ADDRESSED?
Since the prognosis of return to work among cancer survivors is relatively good, it is not immediately clear what the outcome of interventions should be.
We would like to argue that, since there is still a gap in employment outcome for survivors compared to healthy controls, trying to narrow this gap should be the first target of interventions. Further, it is not clear how big the gap is in various countries. Employment status of back pain patients has been shown to be dependent on social security policies. In countries where it is easy to dismiss an employee because of health reasons, it will be more difficult to retain work.51 For cancer survivors, apparently, more or different attention for the return to work is needed than currently given. In our research in the Netherlands, we found that in more than 50% of the cases treating physicians had not discussed work with their patients. On the other hand, the physicians that participated in our studies were surprised to find out how well their questions about working life were received by their patients.52 In many countries, return to work policies create considerable confusion among physicians, which might explain why there is this apparent lack of attention for this problem.53
A second outcome to address should be a shorter time to return to work. There is some evidence that the longer employees are off work the more difficult it is to return. In other words, with long spells of sickness absence the chance of returning to work diminishes over time. Although there is a wide variation, for many cancer survivors the time to return to work is in the magnitude of several months' absence from work. Therefore, it would be beneficial if the time to return to work could be shortened or otherwise optimized.
A third outcome could be to decrease the number of cancer survivors that stop working for health reasons. In Maunsell's study, the 20% of cancer survivors that stopped working did so because they said they wanted to themselves. Half of them said that this was because of health reasons.3 The precise meaning of this statement is unclear, but it fits well with the notion that perceived disability is the best predictor of return to work. It could be that the stopping because of health reasons was based on a misconception that it is more beneficial for health to stop working.
10.0. WHAT SHOULD BE THE TARGET OF OUR INTERVENTIONS?
We can think of three possible pathways to influence the return to work outcomes. First of all, less invasive treatment and less side effects of treatment will also improve return to work rates. Scandinavian research showed that breast conserving surgery and day surgery was related to significantly shorter sick leave than more invasive surgery and overnight care respectively.54 Since the search for better treatment methods is good in itself we can leave this to the oncologists.
The second pathway would be through the better treatment of cancer-related symptoms. Fatigue and depression seem to be the most promising ones since they predicted return to work independent of diagnosis and treatment in our research. Also here, there has been substantial research effort directed at ameliorating the cancer-related symptoms.55-57 However, none of these studies took into account that this could also lead to better functioning including return to work. We would advocate that those who study interventions to improve cancer-related symptoms use return to work as an outcome measure. For practitioners, we suggest that cancer survivors be referred to rehabilitation programs that address fatigue and depression.
The third pathway would be to look at other prognostic factors. If patient expectations are predictive for return to work also for cancer survivors, programs should be devised to address misconceptions. This seems a promising approach but it has to be substantiated by research before it can be applied in practice.
The fourth and most practical pathway would be to improve current return to work strategies and to apply existing knowledge from other areas to cancer survivors as advocated by Feuerstein.58 From research in the back pain area we learned that patients perceive a lack of instructions how to cope with symptoms and limitations in daily practice. Since work is not very often discussed with cancer patients we assume that this is similar for cancer survivors. Therefore, we made a list of items based on rehabilitation principles with the most concrete instructions that we could find for return to work.
The first principle we used was that of goal-oriented rehabilitation.59 Goal setting provides the opportunity to work toward a concrete goal and being able to evaluate the activities against the goal that was set. In terms of return to work this means that we advise cancer survivors to make a concrete plan for work resumption. The plan should contain the tasks to be taken up first and the dates when this is going to be done.
The second principle is that of graded activity. There is some evidence from back pain and chronic fatigue research and some underpinning with cognitive behavioral theory that gradually increasing the activities according to a preset fixed scheme is beneficial. The final goal of return to work is set consistent with the patient's wishes.60,61 However, this fixed plan contrasts with the often expressed wish of cancer patients to work at the moments they feel well and to stop working when they have an off day. A worthwhile research question would be to determine whether the graded activity approach is more beneficial for return to work then a simple volitional approach. Patients sometimes are afraid to make plans because they feel so unsure that they feel it is impossible to predict what would be a reasonable goal to set. To overcome this problem we advocate the drawing up simultaneously of a second scheme or plan that can be used when the first plan proves to be too ambitious.
The third principle that we use is that of involving the supervisor right from the start to facilitate at least temporarily work accommodations. The use of participatory ergonomics which seems to be successful in return to work of back pain patients should assist cancer survivors as well.62
The principles were translated into a 10-step plan for return to work that we tested among cancer survivors at the radiotherapy department (Table 1). In general, the plan was appreciated except for the idea of having a simultaneous second scheme. This item seemed difficult to understand. Not all patients were keen on making a fixed scheme because they felt it was better to start working according to how they felt. Nevertheless, it seems a tool that meets the wish of more concrete instructions.
11.0. CONCLUSION
Much has changed over the course of 30 years. Improved diagnosis and treatment has increased survival and increased attention to societal reintegration. In the early years, attention focused almost exclusively on job discrimination, legal, and insurance issues. While these continue to challenge the cancer survivor the focus of attention has shifted. Attention to job discrimination and legal issues has resulted in less discrimination and some improvement in insurance coverage.33 Research has expanded to other factors that hinder the return to work of cancer patients.14,15 While the disease itself and its treatment still have the most impact on the return
1. Schedule an appointment with your occupational health physician as the professional who is there to help you with return to work.
2. Keep in contact with your employer. You will need him or her to get back to work and to realize work accommodations if needed.
3. Keep in contact with your coworkers. Go to work to see them and tell them how you are doing.
4. Draw up a return-to-work plan in consultation with your supervisor and occupational physician. For all involved, supervisor and colleagues, the plan will make your situation more transparent and at ease.
5. Start to return to work before full recovery, but start with a very limited number of hours. Starting with a small number of hours brings the reassurance that this will succeed.
6. Make sure the return-to-work plan encompasses the date and number of hours of the start, which days of the week will be worked, the timing of the expansion of hours, the tasks and number of hours of this expansion, and the proposed date of full return to work.
7. How to set a goal for the time needed for complete return to work? It is not possible to give a concrete advice, because it depends on the number and the severity of the complaints and the nature of the work how long it will take.
8. Evaluate the return-to-work plan with your supervisor every 2 weeks. Adjust the plan according to your evaluation.
9. If unsure, draw up a second, less ambitious return-to-work plan that may be used if the first plan fails.
10. An example of a return to work plan is given in which gradual return to work is scheduled for a nurse who has survived breast cancer in 12 weeks time starting with two times 4 hours per week.
to work of cancer patients successfully, managing cancer-related symptoms such as fatigue and depression can also influence work resumption. Physically demanding work makes it more difficult to resume work. There is a need to study other prognostic factors such as patients' expectations of functioning. They form a potential focus for intervention.
There is still a lack of interventions and evaluation of intervention studies. It can be expected that better treatment leads to an increase in return to work. Improved treatment of cancer-related symptoms should also improve time to return to work. However, progress from research has been impeded by weak research designs and haphazard measurement of work outcomes.9
In conclusion, cancer has a distinct impact on work outcomes. The issue of return to work of cancer patients is an important one which needs to be better addressed by treating physicians and other health care workers. Research should not only be directed at prognostic factors but also at developing and evaluating interventions that enhance return to work with more rigorous research designs.
Evidence-based guidelines for return to work of cancer survivors must await specific clinical trials, however at this point, can be best based on general rehabilitation principles. These include: establish concrete goals, increase workload gradually according to a fixed plan, and involve management for work accommodations.
These guidelines could form the basis of the earlier mentioned survivor care plan to better involve health care workers in the care and attention for cancer survivors. In addition, such a plan should incorporate interventions to improve return to work. Because, despite obvious improvements, cancer patients still face problems in the workplace and they have to cope with the aftermath of a diagnosis and treatment which has a significant impact upon their lives and well-being. A thorough survivor care plan should aid patients in making the transition back to work as uncomplicated as possible.
The research described in this chapter was supported by a grant from the Dutch Cancer Society (AMC 97-1385).
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28. Curt, G.A. Fatigue in cancer; like pain, this is a symptom that physicians can and should manage. BMJ 2001; 322: 1560.
29. Curt, G.A., Breitbart, W., Cella, D., Groopman, J.E., Hroning, J.S., and Itri, L.M. Impact of cancer-related fatigue on the lives of patients: New findings from the fatigue coalition. Oncologist 2000; 5: 353-60.
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45. Nieuwenhuijsen, K., Verbeek, J.H., de Boer, A.G., Blonk, R.B.W., van Dijk, F.J. Predicting return to work in patients with common mental disorders in occupational health care. Scand. J. Work Environ. Health 2004; in press.
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47. Fleten, N., Johnsen, R., and Forde, O.H. Length of sick leave—why not ask the sick-listed? Sick-listed individuals predict their length of sick leave more accurately than professionals. BMC Public Health 2004; 4(1): 46.
48. Leventhal, E.A., and Crouch, M. Are there differences in perceptions of illness across the lifespan? In: Petrie, K.J., and Weinman, J.A. (eds.). Perceptions of health and illness: Current research and applications. Harwood Academic Publishers: Amsterdam, Netherlands, 1997, pp. 77-102.
49. Petrie, K.J., Weinman, J., Sharpe, N., and Buckley, J. Role of patients' view of their illness in predicting return to work and functioning after myocardial infarction: Longitudinal study. BMJ 1996; 312: 1191-4.
50. Petrie, K.J., Cameron, L.D., Ellis, C.J., Buick, D., and Weinman, J. Changing illness perceptions after myocardial infarction: An early intervention randomized controlled trial. Psychosom. Med. 2002; 64(4): 580-6.
51. Hansson, T.H., and Hansson, E.K. The effects of common medical interventions on pain, back function, and work resumption in patients with chronic low back pain: A prospective 2-year cohort study in six countries. Spine 2000; 25(23): 3055-64.
52. Verbeek, J., Spelten, E., Kammeijer, M., and Sprangers, M. Return to work of cancer survivors: A prospective cohort study into the quality of rehabilitation by occupational physicians. Occup. Environ. Med. 2003; 60(5): 352-7.
53. Hussey, S., Hoddinott, P., Wilson, P., Dowell, J., and Barbour, R. Sickness certification system in the United Kingdom: Qualitative study of views of general practitioners in Scotland. BMJ 2004; 328(7431): 88.
54. Lindqvist, R., Stenbeck, M., and Diderichsen, F. Does hospital discharge policy influence sick-leave patterns in the case of female breast cancer? Health Policy 2005; 72(1): 65-71.
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58. Feuerstein, M. Cancer survivorship and work. J. Occup. Rehabil. 2005; 15(1): 1-2.
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60. Lindstrom, I., Ohlund, C., Eek, C., Wallin, L., Peterson, L.E., Fordyce, W.E., et al. The effect of graded activity on patients with subacute low back pain: A randomized prospective clinical study with an operant-conditioning behavioral approach. Phys. Ther. 1992; 72(4): 279-90.
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62. Loisel, P., Gosselin, L., Durand, P., Lemaire, J., Poitras, S., and Abenhaim, L. Implementation of a participatory ergonomics program in the rehabilitation of workers suffering from subacute back pain. Appl. Ergon. 2001; 32(1): 53-60.
A Guide to Natural Sleep Remedies. Many of us experience the occasional night of sleeplessness without any consequences. It is when the occasional night here and there becomes a pattern of several nights in arow that you are faced with a sleeping problem. Repeated loss of sleep affects all areas of your life The physical, the mental, and theemotional. Sleep deprivation can affect your overall daily performance and may even havean effecton your personality.
Natural Lower Back Pain Treatment System
Best Positive Affirmations
Ways To Develop Your Self Esteem
Treating Social Phobias and Social Anxiety
Chemo Hair Loss: Its Psychological Effects And Useful Ways To Cope With The Problem
Psychosocial Influences On Painrelated Limitations In Cancer Survivors
Patient Related Barriers to Smoking Cessation
Cancer Diagnosis and Depression
The Impact Of Cancer On Relationships
Chemotherapy, How To Improve Self Esteem, Natural Remedies for Social Isolation, Breast Cancer Patients, Developing a Positive Attitude through Affirmations
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Mercury Transit on May 7, 2003
Information about the Sun
The Sun - our central star
The Sun is the star nearest to us. It is a huge, luminous ball of gas like other stars in the Universe.
It consists of several parts. Beginning from the outside, they are:
the corona - the outermost, hot shell of the atmosphere
the chromosphere - a transparent layer between the corona and the photosphere
the photosphere - the visible "surface" of the Sun
the sunspots - dark areas on the photosphere, which are cooler than the surroundings
the various phenomena in the atmosphere, like "flares" and "prominences"
the convective zone - the uppermost "layer" of the Sun's interior
the radiative zone - the middle "layer" of the Sun's interior
the core - the innermost region of the Sun's interior
There is access to recent solar images (from ground-based telescopes and SOHO), via the dedicated webpage at the Observatoire de Paris.
The Corona
Photo of the Sun's corona, obtained during the solar eclipse on August 11, 1999 (Philippe Duhoux - ESO)
The corona (which means "crown") is the outer shell of the Sun's atmosphere. It is an extremely hot zone with temperatures reaching up to about 2 million degrees; this is caused by the transport of energy from the layers below by means of magnetic fields.
You can only see the corona directly during a total solar eclipse. Although as bright as the full Moon, the corona is normally "drowned" in the sunlight that is scattered in the Earth's atmosphere - the daytime sky near the Sun is simply too bright to see the surrounding corona.
During a total solar eclipse, the Moon blocks the light from the solar photosphere, and the sky is sufficiently dark for the corona to become visible.
Professional astronomers have developed a special telescope, a so-called coronograph that makes it possible to see and photograph the corona, also outside solar eclipses.
The Chromosphere
Photo of the Sun's chromosphere.
The chromosphere (which means "coloured sphere") is a transparent layer, just above the photosphere. It extends from a few hundred kilometers above the top of the photosphere and outwards to a height of about 2000 km where it merges with the corona.
Over this distance, the temperature of the chromosphere increases from 4300 degrees to more than 400,000 degrees. It is a more or less continuous layer.
Immediately before and after a total solar eclipse, the chromosphere is visible as a crescent or diamond ring, of reddish colour. Outside eclipses it is visible in the monochromatic light of hydrogen atoms (the H-alpha spectral line).
The Photosphere
Photo of the Sun's photosphere
The photosphere is the visible "surface" of the Sun. The name means "sphere of light". From this thin layer - which is only about 300 km deep - most of the Sun's energy is emitted in the form of visible and infrared radiation. It is particularly well visible in white light or in the light of the ionized calcium (the spectral K-line).
The temperature in the photosphere decreases steadily from about 6400 degrees at the base to about 4400 degrees at the top where it merges with the chromosphere above.
The photosphere has a "grainy" texture with individual cells measuring about 1000 km in diameter. They are called granulation and change every few minutes. They are caused by rising (convective) cells of hot gas.
Other photospheric features include sunspots , faculae and filamentary structures, all associated with strong magnetic fields. Almost all features of the Sun's visible-light spectrum originate in the photosphere, including the dark Fraunhofer lines (named after the German physicist who first described them in the early 19th century).
Close-up of a group of sunspots.
Sunspots are dark areas in the Sun's photosphere, which are cooler than their surroundings. They generally appear in pairs or groups, and are associated with very strong magnetic fields.
Spot sizes vary from "small" ones about 15,000 km across (that is, about the size of the Earth) to enormous groups spanning more than 150,000 km. Most of them have a dark central region called the "umbra" (that is about 1600 degrees cooler than the photosphere), surrounded by a less dark region called the "penumbra" (about 500 degrees cooler than the photosphere).
The number of sunspots vary in a cycle lasting about 11 years. At the beginning, the Sun is (almost) free of spots. A few spots then appear high in the northern and low in the southern solar hemisphere. Then they disappear and new spots form progressively and nearer towards the solar equator.
Other phenomena in the solar atmosphere
Flares (left photo) in the solar atmosphere. On the right photo, an enormous prominence is visible in the lower left corner
The solar atmosphere is a very active place. Large amounts of hot gas move around and the forms constantly change. Flares are brightenings on the surface that are connected to re-arrangement of the magnetic field with a burst of energy. Large clouds are sometimes lifted far above the photosphere and can then be seen as prominences .
Both of these phenomena are best visible through special optical filters that isolate the light from hydrogen.
The Interior
The interior of the Sun
(NB! The present diagramme is a placeholder [Copyright 1999 John Wiley and Sons, Inc.] It will soon be exchanged with another, specially designed for this webpage).
It is common to divide the Sun's interior into three distinct zones:
The uppermost is the Convective Zone . It extends downwards from the bottom of the photosphere to a depth of about 15% of the radius of the Sun. Here the energy is mainly transported upwards by (convection) streams of gas.
The Radiative Zone is below the convection zone and extends downwards to the core. Here energy is transported outwards by radiation and not by convection. From the top of this zone to the bottom, the density increases 100 times.
The core occupies the central region and its diameter is about 15% of that of the entire star. Here the energy is produced by fusion processes through which hydrogen nuclei are fused together to produce helium nuclei. The temperature is around 14 million degrees.
The Sun's physical data
The table below contains some of the physical data for the Sun.
Property The Sun
Mass 2 x 10 30 kg = 335,000 Earth masses
Diameter 1.4 million km = 109 Earth diameters
Density 1400 kg/m 3 (Water has 1000 kg/m 3 )
Age Approx. 4600 million years
(energy output) 4 x 10 23 kW
Surface temperature About 5500 °C (5800 K)
Central temperature About 14 million degrees
(by atomic mass) 74.5% hydrogen, 23.5% helium and 2% heavier elements, e.g. oxygen, carbon and nitrogen
(by number of atoms) 94 % hydrogen, 6% helium and heavier elements
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Six Steps to Woo Her with Music This Valentine's Day
From setting the mood to picking the playlist, an extremely talented young soul singer — one who says he makes music "just so more babies can be born" — tells you how to close the dealPLUS: 100+ More Valentine Ideas & Tips Right Here >>
By Daniel Merriweather
To begin: Suck it up and watch the rom-com.
It's the same thing with a lot of guys: I'm not really a natural romantic — I think that's definitely a girl thing. But I'm getting the hang of it, and I think I know how to do it this time. You've just gotta put in a little bit of forethought, try to break your man code of not watching romantic comedies, and just go and do it. It's a good gesture to her, even if it's a good sign for me and my mates — the movie can be a little secret between you and her.
To set the mood: Do not set the mood.
I think you've gotta suggest music, in a subtle way. First you start the conversation sort of talking vaguely about music: "Oh, did you hear this?" "Did you see that?" Then there's an excuse to go upstairs and put the song on. You can never be seen to be setting the mood even though you are setting the mood. For different tastes, it can kill the deal — this one girl insisted that Incubus was the best band ever put together on Earth, and at that point we really had to end things. Or it could be like an educational thing — you could be enlightening her about new music, which could justify you playing it even more.
To begin the musical portion of the evening: It's okay to be cheesy.
If it's Valentine's Day, you just have to deal with feeling cheesy; I think it's the one day you can feel cheesy and you will be forgiven. But if I'm with a girl, I definitely don't want to seem like the corny, paint-by-numbers sort of guy. So that's why sometimes Fela Kuti works — it's this 1970s Nigerian funk music, but it does make you wanna take your clothes off. Sneak it in there.
To reset the mood: Avoid being too cheesy.
Anything that's explicitly talking about romance in a romantic environment is probably something you should avoid. If you go for "I Just Called to Say I Love You" by Stevie Wonder, you're scraping the bottom of the barrel. And definitely avoid Sir Mix-A-Lot's "Baby Got Back" — definitely. "Peaches 'n' Cream" — don't ever play that song. But apart from that you've got a lot of artists that you can play: Jeff Buckley's always a good choice, and the Beatles are sometimes, in kind of a strange way, romantic when they're not really trying to be. Howlin' Wolf could be one — regardless of whether you're feeling romantic or not.
To advance: Let it happen, as if by accident.
The golden rule of romance is spontaneity. I've been in a lot of situations where you want to rush to the finish line, but I feel like every time I've ended up in a meaningful relationship I've let things kind of play out the way they're meant to. I always find the most romantic times are when things happen almost by accident — catching some girl's eye on the subway and having a random conversation about the book she's reading can leave you better off than rolling up and asking for a number. Romance is something that has to happen organically — otherwise it seems forced. I'm not really the romance kind of guy as far as advice goes, but if I was to give any, that'd be it.
To close: When in doubt, go with D'Angelo.
If I'm trying to seal the deal, so to speak, I always find that Voodoo by D'Angelo is I think my go-to after dinner and movie. Who knows what'll happen? It just all depends on the mood you've set throughout the night.
— As Told to Cole Rosengren
Daniel Merriweather's accidentally romantic but excellent new album, Love & War, comes out February 23. You can pre-order it here and follow him on Twitter here.
MORE HELP: 100+ Valentine Ideas & Tips >>
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Naked, Covered in Ram's Blood, Drinking a Coke, and Feeling Pretty Good
The Greatest Music Fest in the World: A Diary of Glastonbury 2013
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Posted by Guest Author | Jul 10, 2019 | OPINION | 0 |
By Elaine Haney & Andrew Brown
Way back in 1763, a six square mile parcel of land known as the Essex Grant was chartered by England’s King George III to Governor Benning Wentworth of New Hampshire. This parcel however wasn’t permanently occupied until 1783, when farmers settled in the area. The settlers held their first town meeting in 1786, where they elected three selectmen. There were 72 residents of the Town at that time. You can actually see a copy of the grant from King George III hanging by the fireplace in the Brownell Library.
In the 1850s, railroads arrived in the area, and a small settlement named Painesville (named after Charles Paine, president of Central Vermont Railroad) grew alongside the Winooski River. With six rail lines eventually making connections in this area, Painesville changed its name to Essex Junction and became an incorporated village with its own board of trustees in 1893.
What exactly is an incorporated village? An incorporated, or chartered, village is a “sub-town district” that allows its residents to accomplish basic municipal services. There were as many as 76 incorporated villages in Vermont at one time, but many have been unified with their surrounding towns by various means. You can find a list of the remaining 36 incorporated villages in Vermont on the Secretary of State’s website.
By 1893, the Town of Essex was still primarily farmland, while Essex Junction had grown into a bustling little community. At that time, farmers in the rural Town did not need sanitation services, fire protection, or significant road repairs, and rural Essex was not home to the wide variety of businesses that had located themselves in close proximity to the Winooski River and the rail lines. Essex Junction was created in 1893 as an incorporated village so the residents of that district could tax themselves in order to pay for the municipal services they needed.
Fast forward half a century. Prior to the opening of the IBM plant, the 1950 Census shows the population of the Town of Essex was 3,931 including the Village, with 2,741 of that total living in the Village. By 1960, the Town of Essex population had increased over 80%, to 7,090, including a Village population that had grown over 90% to 5,340. Another half-century later, the 2017 American Community Survey showed the population of the Town was 21,012, including 10,132 Village residents – or 48% of the total Town of Essex population.
Some things have changed over the last century. The populations of our communities have become almost equal. Parts of Essex outside the Village now feature a mixture of suburban and rural areas. Even although the rural areas of the Town of Essex are still very rural, the entire Town now requires the same municipal services–paving and grading, assessment, planning, fire protection, recreation, etc–as the Village of Essex Junction. But some things haven’t changed: the beautiful rural areas of Essex and the bustling commercial center of Essex Junction still exist and are thriving. And both the Town and the Village still have their own governing boards: the Selectboard and the Trustees.
Over the next many months, our communities will explore together the potential of unifying into a single community. Stay tuned for next week’s column, and as always, send your questions, thoughts, and concerns to us at ehaney@essex.org and abrown@essexjunction.org. You can also reach out to our municipal manager, Evan Teich, at eteich@essex.org.
If you haven’t already, please don’t forget to fill out the community-wide survey.
Two references used for the historical facts in this article are “Essex and Essex Junction” by Richard and Lucille Allen (Arcadia Publishing, 2004) and “The History of Essex, Vermont” edited by Frank R. Bent (Essex Publishing Company, 1963). Both of these books are available at the Brownell Library and the Essex Free Library. Census figures come from www.census.gov. For a history of incorporated villages, see the Secretary of State’s website: https://www.sec.state.vt.us/archives-records/state-archives/government-history/continuing-issues/villages-and-cities/history-of-incorporated-villages.aspx
Special thanks to Essex Historical Society member Tim Jerman for providing fact checking and additional historic information.
Editor’s note: The Reporter is providing the trustees and selectboard a regular space to discuss consolidation-related issues. Want to respond to something in the column? Send a letter to news@essexreporter.com.
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Everyday Health Infectious Diseases Lemierre's Syndrome
What Is Lemierre's Syndrome?
By Rosalyn Carson-DeWitt, MD
Medically Reviewed by Robert Jasmer, MD
A rare but serious infection, Lemierre's syndrome is usually treated with antibiotics.
In Lemierre's syndrome, bacteria invade the lymph nodes in the neck, and blood clots form in the large veins of the neck (called the jugular veins).
Often a complication of head or neck infections, Lemierre’s syndrome is also known as jugular vein suppurative thrombophlebitis (referring to a clot, inflammation, and pus in the jugular veins).
Infected blood clots from the jugular veins can travel through the bloodstream and cause pockets of infection (abscesses) in other areas, such as the lungs, joints, liver, and kidneys.
While still very rare — striking only about one person in a million — Lemierre's syndrome has recently been on the rise.
Before antibiotics were available, Lemierre's syndrome was fatal in about 90 percent of people who developed it.
Although Lemierre's syndrome can develop in people of any age, it usually strikes young children, adolescents, and younger adults.
Lemierre's syndrome tends to occur toward the end of winter or in early spring.
Lemierre's Syndrome Symptoms
Most cases of Lemierre's syndrome start out as a typical throat infection with a sore throat.
In some cases, the first illness is a dental, ear, or sinus infection.
Within four to five days, the symptoms progress to include:
One-sided neck pain and swelling
Trouble swallowing
Coughing up blood
Yellowish eyes and skin (jaundice)
Severe or untreated Lemierre's syndrome can cause:
Collections of pus between the lungs and chest wall
Infected abscesses in the lungs
Infected joints
Bone infections
Abscesses in the spleen
Pockets of infection in the muscle and skin
Brain abscesses
Lemierre's syndrome is diagnosed through blood tests that identify the bacteria causing the observed symptoms.
CT scans and ultrasound imaging are also often used to detect blood clots in the jugular veins of the neck.
Lemierre's Syndrome Treatment
Lemierre's syndrome is treated with antibiotics to kill the bacteria that are causing the illness.
Antibiotics are usually given intravenously (by IV). The antibiotics must be delivered for longer than is usual for a lesser infection — typically for two to six weeks.
In some cases, medications called blood thinners may also be given to stop more blood clots from forming.
In severe cases of Lemierre's syndrome, surgery may be needed to drain pus from abscesses in the throat, neck, or other organs.
In rare and severe cases, surgery may also be performed to remove the infected blood clots from the jugular veins, or to tie off the jugular veins to prevent blood clots that carry the bacteria from traveling to other parts of the body.
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Editorial Sources and Fact-Checking
Wright et al. (2012). "Lemierre syndrome." Southern Medical Journal.
Eilbert and Singla (2013). "Lemierre's syndrome."International Journal of Emergency Medicine.
"Lemierre syndrome." Office of Rare Diseases Research/NIH.
Kuppalli et al. (2012). "Lemierre's syndrome due to Fusobacterium necrophorum." The Lancet Infectious Diseases.
The Latest in Lemierre's Syndrome
Lemierre's Syndrome
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Pop Quiz: How Did a $12 Billion Search Engine Sell for $36 Million?
After being bought three times in ten years, Lycos is a shadow of its former self. Take our quiz and match the optimistic company statement to the purchase date.
By Austin Carr 2 minute Read
Ten years ago, search-engine portal Lycos sold to Terra Networks for $12.5 billion. Six years ago, Korean Internet firm Daum acquired the company for $95.4 million. And today, Lycos switched hands again, this time to India’s Ybrant Digital–for only $36 million. That’s a 99.712% drop in value in just one decade.
The company went from receiving roughly 50 million unique visitors daily to boasting that it reaches about that number in an entire year. By 2007, Lycos’ share of the global search engine market dropped to 0.01%. To put that in perspective, Google Kenya around that time had two-times that market share. Lycos’ only other asset: AngelFire, possibly the world’s worst free web-hosting service.
Who in their right mind would want to purchase this company? Here’s a look back at how each of its acquisitions were described by the purchasing company at the time. See if you can guess when each statement was made.
1. “Overnight in one fell swoop, this company has jumped from strong Internet competitor to a global powerhouse. In one transaction, we have truly transformed the industry.”
a. Terra’s purchase in 2000
b. Daum’s purchase in 2004
c. Ybrant’s purchase in 2010
2. “Brand Lycos needs no introduction. The quality of content and tools offered by Lycos has always attracted the best of the consumers across the world.”
3. “The buyout will provide a springboard for our company to venture into the U.S. Internet market and become a global player.”
4. “Today, AOL has a competitor.”
5. “Obviously, the value of Lycos is nothing like it was in the days of the Internet boom.”
6. This deal could bring “free local calls, zero long-distance charges, complimentary unlimited cellphone time and no more Web access bills.”
a, c, b, a, b, a
1. “Overnight in one fell swoop, this company has jumped from
strong Internet competitor to a global powerhouse. In one transaction,
we have truly transformed the industry.”
a. Terra’s purchase in 2000, when Lycos’ CEO Bob Davis boasted of the transaction.
2. “Brand Lycos needs no introduction. The quality of content and
tools offered by Lycos has always attracted the best of the consumers
across the world.”
c. Ybrant’s purchase in 2010. From a statement released today by Suresh Reddy, Chairman and CEO of Ybrant Digital.
b. Daum’s purchase in 2004. The company’s optimism was on display in this statement.
a. Terra’s purchase in 2000. Terra chairman Juan Villalonga felt he could see how the future would play out.
b. Daum’s purchase in 2004. Analyst Glen Chapman realized how little the company was worth.
6. This deal could bring “free local calls, zero long-distance
charges, complimentary unlimited cellphone time and no more Web access
bills.”
a. Terra’s purchase in 2000. An enthusiastic Salon financial analyst was a little off.
Austin Carr writes about design and technology for Fast Company magazine.
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startup report
Brandless, the $3 grocer, gets cash from Steph Curry, Randi Zuckerberg, and others
[Photo: courtesy of Brandless]
By Elizabeth Segran 1 minute Read
In July of this year, Brandless launched with a new online grocery concept. It would make and sell non-perishable grocery items, but charge $3 for everything on the site. Every item would also be organic, fair trade, and non-GMO. The idea was to take thinking out of the shopping process and also provide better value. Or, as the brand’s motto goes, “better everything for everyone.”
Today, the brand announces that it has snagged a $35 million Series B funding round that included investment from over 20 celebrities, including basketball player Steph Curry, Zuckerberg Media founder (and Mark’s sister) Randi Zuckerberg, founder of GOOD+ foundation Jessica Seinfeld, bareMinerals founder Leslie Blodgett, Serena & Lily founder Lily Kanter, and Weight Watchers CEO Mindy Grossman.
The company has not disclosed how much money each one of these people is pouring into the startup, but in some ways that is besides the point. This round of funding will ensure that these investors will use their star power to spread the word about Brandless in their respective industries, helping to accelerate the company’s growth.
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‘Judge me by my results’ - Hollard CEO
Saks Ntombela
Consumers rue declined claims - report
Hollard merger with Regent conditionally approved
Hollard pulls $768m Australia IPO
Hollard hopes to raise R9.36bn by listing Greenstone
The second-biggest short-term insurer and biggest privately owned insurance firm in the country, Hollard, is about to get a new captain and he has his eyes set on sailing it all the way to the very top.
City Press met up with the newly appointed CEO of the insurance giant Sakhiwo Ntombela, popularly known as Saks, at the company’s high-perched head office in Parktown, Johannesburg, recently to pick his brain on a number of issues.
Still using a crutch because of a horrific injury while running, Ntombela’s determination and passion for his job oozes as he talks about his plans, challenges and views.
Ntombela was born in Durban and his family moved to Swaziland when he was five. He returned to South Africa to study mechanical engineering in the city of his birth.
He is no stranger to hard work. His first job was at a Unilever factory.
“I worked the night shift for two years,” he said, adding that the seven years he spent working at the factory in different roles taught him how to work with different people and prepared him well.
After his stint at Unilever, he headed to the University of Cape Town (UCT) to read for his MBA.
“I went to UCT to get a theoretical background of how business works, how different elements work and to developed an interest in financial services,” he said.
Upon finishing his MBA, Old Mutual snatched him up and his career in the financial services began with the company’s Old Mutual Bank, before he moved to Nedbank when it incorporated that unit.
At Nedbank, he got the opportunity to run two of the bank’s product services in a period of five years. During this time, he was sent to the US to attend a course at Harvard University.
“It was an amazing experience to be able to take time out in the middle of a career, develop yourself and focus on your studies for two months,” he said of a time in his career he still treasures.
He went on to join Absa for 20 months before finally moving on to Hollard five years ago.
“I have broad management experience. I can build teams that deliver.
“I also believe that you should always employ people that are better than you, smarter than you and more experienced than you, because my role is to make sure it all works together and to lead. I don’t have to be the smartest person in the room, I don’t mind that,” he said.
“I see my role as helping people meet their objectives and, if they meet them, then I meet mine as the head of the team,” he said.
Ntombela points out that outgoing CEO Nic Kohler, who has been with the company for two decades, half of that as head, has set a good standard.
Taking ownership of the hot seat after two other major competing insurers were recently hit with racism-related scandals, and with transformation being a topical issue throughout the entire higher echelons of corporate South Africa, Ntombela reckons he is up to the challenge to play his part.
As the only black CEO at his level in the insurance sector, Ntombela is aware of the possible perceptions surrounding his appointment and the challenges and expectations ahead.
“I guess I would have to say, judge me by my results. I certainly don’t see myself as a ‘black face’ heading the Hollard Group,” he said, adding that he wouldn’t have taken on the role if he thought his appointment was mere tokenism, as he had other opportunities elsewhere.
“I want to be here – we have incredible shareholders,” Ntombela said.
Considering that the average stint of a black CEO in the country’s major companies is less than five years, Ntombela said seven years would be sufficient for him to make his mark in the company, taking it to the next level.
He said the company remained ahead of the rest of the industry, mainly because of three pillars.
Commercial and corporate business in short-term, especially since the Regent acquisition, has extended its capacity in that area of the business.
The second is in the mass-market offering, which is ideal, considering the company has around 3 million policyholders and is looking into extending its range of financial solutions such as credit.
The third is the partnership model the company has developed over the years.
He pointed out that the company, like its industry peers, would probably still see regulatory changes as a major challenge and with that came changing customer expectations.
“Customers want convenience when buying products,” he said.
Ntombela said the company had transformation targets that it set itself, but he did not only want to meet the targeted numbers – he wanted to truly transform.
“I think it’s important to make the numbers and tick the boxes, but you also need to transform as an organisation, otherwise the numbers are not sustainable.”
With perceptions that seem to align to the notion that simplicity is the best form of sophistication, Ntombela’s appointment might just be what the industry needs.
Read Fin24's top stories trending on Twitter:
Fin24’s top stories
Read more about: insurance
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News / Dissidia Final Fantasy NT
Dissidia Final Fantasy NT fails to chart in North America or Europe on the PlayStation Store
Written by Brayden — 08 Mar 2018
In disappointing news for Square Enix, Dissidia Final Fantasy NT, which launched for PlayStation 4 on January 30, 2018 in North America and Europe has failed to chart on the PlayStation Store in either region.
Sony Interactive Entertainment listed the top 20 selling games for North America on the PlayStation Store in January 2018 and the game was nowhere to be seen and now they have posted the top 10 selling games from February 2018 and once again it is nowhere to be seen.
It's the same case for Europe, the top 20 selling games on the PlayStation Store in January 2018 and February 2018 do not list it.
It will be interesting to see if this affects their future plans for the game such as the many characters planned to be added post-launch.
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The records are of the burials in the English East Midland county of Shropshire, formerly known as Salop, between the years 1630-1692. The transcripts often include your relative’s mother and/or father’s name,which is an exciting discovery for your growing family tree.
Each record includes a transcript of original bishop’s transcripts. The details in each transcript may vary but they can include:
First and last name of the deceased
Burial date
Parish and county
Mother’s and/or father’s first names
Discover more about the Shropshire, Kinnerley & West Felton Bishop's Transcripts Burials 1630-1692
The county of Shropshire was formerly known as Salop. The county’s name was changed to Shropshire after a special council meeting in March 1980. West Felton and Kinnerley are both villages located within Shropshire. West Felton was mentioned in the Domesday Book as ‘Feltone’ and ‘Felton by le Knokyn.’
Bishop's Transcripts
In 1597, a constitution of the Convocation of the Province of Canterbury was approved by Elizabeth I. It required that each parish send annual reports to the bishop. These were known as bishop’s transcripts. This new practice is significant for the genealogist because it meant that two records were being kept of baptisms, marriages and burials, doubling the chance that the records would survive.
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La FEB & l'internati...
Trade wars have neve...
Trade wars have never been win-win situations
Today, the Federation of Enterprises in Belgium (FEB) had the privilege of playing host to US Ambassador Ronald J. Gidwitz. It gave FEB President Bernard Gilliot and FEB CEO Pieter Timmermans an opportunity to reiterate the important economic and trade relations that unite the two countries. They also mentioned Belgian companies' concerns about resurgent protectionism and international trade tensions. Trade wars have never been win-win situations, so FEB welcomed the 25 July meeting between US President Donald Trump and European Commission President Jean-Claude Juncker and called on their negotiators to come up with a fruitful agreement for both parties.
Written by Press, COMMUNICATION & EVENTS
Written on 24 September 2018
With bilateral trade in goods totalling almost €45 billion, the United States is Belgium's fifth largest trading partner. In 2017, the 900 companies operating on US soil pushed up the total value of Belgian investment in the United States to $80.4 billion. The United States is also the biggest investor in Belgium, injecting a total of about $45 billion (2015). The 900 American companies in Belgium are responsible for 127,000 jobs, whereas Belgian companies employ up to 150,000 workers in the United States. These figures do not include jobs related to indirect exports.
Together, the European Union and the United States account for a third of global GDP and a third of global trade flows. Europeans and Americans trade $2 billion worth of goods and services every day, and the transatlantic economy employs 15 million workers.
For these reasons it is essential for Belgian companies to maintain a privileged relationship with the United States and to work at European level to reach an agreement on the four main areas of discussion:
Working to eliminate tariff and non-tariff barriers for industrial products
Increasing exports of liquefied natural gas (LNG) from the United States to the European Union
Joining forces to reform the World Trade Organisation (WTO) as the guardian of international trade rules
Working more closely on issues related to standards and regulation.
"The European Union and the United States need to work together to create tomorrow's global standards, especially for new technologies. This not only makes economic sense, but is also a geopolitical necessity in today's globalised world. China and other emerging economies will not wait for Europeans – or Americans – to try to shape global trade relations according to their own rules and standards", Pieter Timmermans said in his speech.
La FEB & l'international
Les recommandations européennes sont des points d’attention pour la politique future Article
Live-streaming exclusif ! Visionnez le débat électoral européen en direct à partir de 17h00 Article
L’Europe se dote d’un système de contrôle des acquisitions étrangères Article
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Explore Commitments » New Mexico » 2013 » Michigan Community College Athletic Association
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President Trump's Common Sense Reform Of The Civil Service System Is Just The Start (Hopefully)
Rob Berger Forbes Staff
I write about building wealth and achieving financial freedom.
U.S. President Donald Trump signs an executive order supporting military spouse unemployment during a celebration of military mothers and spouses event in the East Room of the White House in Washington, D.C., U.S., on Wednesday, May 9, 2018. Photographer: Al Drago/Bloomberg
Last week President Trump issued three executive orders designed to reform the Civil Service System. The orders streamline the process of removing federal employees from service who are not performing up to standards, while at the same time giving them ample protections and opportunities for improvement.
The orders show just how desperately reform is needed. Let's first look at one the executive orders accomplished. Then will look at the radical response from some that show just how divorced from reality the federal bureaucracy has become.
Trump's Three Executive Orders
First, the Executive Order Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Principles aims, among other things, to reduce the time an employee is placed on a Performance Improvement Plan (PIP) to 30 days. According to one source, PIPs currently last 60 to 120 days, depending on the agency. And PIPs come after other attempts to correct performance.
This order also provides that--
Agencies are no longer required to use "progressive discipline." the penalty for misconduct can now be tailored to the facts and circumstances.
Disciplinary action should be tailored to the facts and circumstances of each situation. Just because one employee is not terminated for specific conduct doesn't mean that another employee shouldn't be.
Suspending an employee should not be a substitute for removal from service when circumstances warrant.
When taking disciplinary action, agencies can look at the employee's disciplinary and past work record, including all past misconduct. They are not limited to considering similar past misconduct.
In a reduction of force, agencies should prioritize performance over length of service when determining which employees to retain.
Second, the Executive Order Ensuring Transparency, Accountability, and Efficiency in Taxpayer Funded Union Time Use, limits to 25% the amount of time a federal employee can spend each year on union activities.
Third, the Executive Order Developing Efficient, Effective, and Cost-Reducing Approaches to Federal Sector Collective Bargaining directs federal agencies to renegotiate union contracts. The order contemplates that agreements can be reached in less than one year.
Common Sense Reform
The orders are designed to address significant inefficiencies in the current system. For example, a GAO report in 2015 found that it can take "six months to a year (and sometimes longer) to dismiss an employee." Limiting PIPs to 30 days is a first step in reforming this unworkable system.
Likewise, some federal employees spend virtually 100% of their time on union activities. Simply put, taxpayers should not pay for union activities or expenses. The order takes a positive step in that direction by limiting a federal employee's time on union activities to no more than 25%.
As the order states--
To that end, agencies should ensure that taxpayer-funded union time is used efficiently and authorized in amounts that are reasonable, necessary, and in the public interest. Federal employees should spend the clear majority of their duty hours working for the public. No agency should pay for Federal labor organizations’ expenses, except where required by law.
Finally, the orders seek to curtail what has become protracted ected contract negotiations. Taxpayers pay for the negotiators on both sides, yet even minor changes to collective bargaining agreements can take years to negotiate. The orders seek to limit these negotiations to one year.
The Radical Response
Not surprisingly, the response to these orders split along party lines. Two responses deserve some attention.
First, American Federation of Government Employees National President J. David Cox said in a statement the following: "This is more than union busting—it's democracy busting." Such hyperbole has become all too common in Washington. Yet this response is just silly.
Federal employees, even after Trump's orders, enjoy a vast array of protections and benefits. These protections are far greater than the average worker in the United States. Calling these orders "democracy busting" is an embarrassment to hard-working federal employees and calls into question the union's leadership. Federal employees deserve better.
Second, Representative Gerry Connolly took to Twitter to lodge his protest:
Trump continues his assault on the federal workforce with today's executive orders. Attacking unions and demagoguing federal workers won't help morale. Show the federal workforce that serves all Americans the respect it deserves, Mr President.
— Gerry Connolly (@GerryConnolly) May 25, 2018
"War" has become an all too common refrain by the opposition. Disagree with the policy of the other side? Accuse them of going to war, or in this case an assault, against a group of people. Throw in "demagoguing" for extra effect.
Here, however, Connolly has misjudged his constituents (of which I am one). I've lived in the Washington, D.C. area for a quarter century. Many friends and family members have worked for the federal government. Most employees are hard-working, conscientious employees.
Those few who are not crush morale. Because it has become nearly impossible to remove an employee even for cause, many supervisors don't even try. These poor performers remain on government payrolls for years, while co-workers pick up the slack.
Mr. Connolly, you just may find that your constituents are cheering these execuive orders.
Follow me on Twitter. Check out my website. Send me a secure tip.
I am an investor, lawyer, blogger, husband, father, and Buckeye fanatic. I graduated in 1992 from law school and have worked in private practice, in-house for a publicl...
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Bussey’s TD in helps Aggies to 24-14 win over Nicholls St.
COLLEGE STATION, Texas (AP) Texas A&M’s win over Nicholls State on Saturday night wasn’t the lopsided victory many were expecting.
But after squandering a 34-point third-quarter lead in a stunning 45-44 loss to UCLA in their opener last week, coach Kevin Sumlin was proud of what the Aggies did to get the 24-14 victory.
”We were able to do something we didn’t do last week which was finishing a football game in the fourth quarter,” he said.
Article continues below ...
Kendall Bussey ran for 97 yards and the go-ahead 2-yard touchdown in the fourth quarter the lead the Aggies to the win.
The game was tied at 14-all when Bussey bulled into the end zone for A&M’s first score since the first quarter with about 7 1/2 minutes left to put the Aggies (1-1) on top.
Nicholls State (1-1), an FCS school which plays in the Southland Conference, challenged the Aggies a week after the Bruins scored 35 straight points to hand Texas A&M the loss.
”When they tied up the game we easily all could have said: `It’s happening again,”’ receiver Christian Kirk said. ”But we all locked in as a team and went out there and finished.”
The Aggies started Kellen Mond at quarterback after Nick Starkel suffered a broken ankle last week, but Jake Hubenak took over early in the third quarter and finished the game. Mond threw for 105 yards and a touchdown and Hubenak added 93 yards passing.
Damion Jeanpiere grabbed a 54-yard reception from Chase Fourcade to get Nicholls State to the 6-yard line early in the fourth quarter. Two plays later he connected with Stephen LeBouef on a 5-yard touchdown pass. LeBouef caught the ball short of the goal line and dragged safety Larry Pryor into the end zone with him for the score.
Fourcade scrambled for several seconds before finding Mason Roberts in the back of the end zone for the 2-point conversion that tied it.
The Aggies punted five straight times after their second touchdown before Daniel LaCamera’s 52-yard field goal attempt early in the fourth quarter sailed wide left.
”By no means are we where we need to be,” Sumlin said. ”In a game like this it really gives our team an opportunity to look at who we are objectively … it’s about fixing ourselves internally.”
The Colonels couldn’t move the ball after Bussey’s touchdown and had to punt. The Aggies then ran Bussey again and again to eat up the clock before adding a field goal with 18 seconds left.
”We gave them a run at the end but we have to be able to get off the field there on third down,” Nicholls State coach Tim Rebowe said.
The Aggies looked good early, and took a 7-0 lead when Mond connected with Kirk on a 27-yard touchdown pass on their first drive. A 17-yard scoring run by Trayveon Williams made it 14-0 with about three minutes left in the first quarter.
”Getting the win’s always good whether it’s ugly or not,” safety Armani Watts said.
Lorran Fonseca made field goals of 37 and 34 yards in the second quarter to get Nicholls State within 14-6 at halftime.
Fourcade threw for 264 yards with a touchdown and an interception and Jeanpiere had five receptions for 174 yards.
NICHOLLS STATE: The Colonels host Prairie View A&M next Saturday.
TEXAS A&M: The Aggies host Louisiana-Lafayette next Saturday in their last tune up before starting Southeastern Conference play against Arkansas on Sept. 23.
Sumlin on the play of his quarterbacks: ”There were positives and negatives for both guys … it’s still a work in progress but both of those guys are getting better.”
KIRK 2K
Kirk had six receptions for 47 yards on Saturday to give him 2,047 yards receiving in his three-year career, making him the seventh player in school history to reach 2,000 yards receiving. Kirk had 1,009 yards receiving as a freshman and finished with 928 last year.
NICHOLLS STATE: The team should fare well in the Southland Conference considering what the Colonels did against the Aggies on Saturday night.
TEXAS A&M: The Aggies will have to figure out a way to be more consistent and either Mond or Hubenak will have to improve if they hope to have any success when SEC play begins.
More AP college football: http://collegefootball.ap.org and http://www.twitter.com/AP-Top25
FBS (I-A)
FCS (I-AA)
Kendall Bussey
Nicholls Colonels
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Giants ignoring the boos and naysayers after 0-2 start
EAST RUTHERFORD, N.J. (AP) Halfway through their home opener, the New York Giants left the field to a cascade of boos.
By the end of the game, MetLife Stadium was practically deserted. Few fans stayed to watch the Detroit Lions leave with a 24-10 win that sent the Giants to their fourth 0-2 start in the past five years.
New York did not make the playoffs in any of those first three seasons and there are many ready to write off this team because very little is going right. The offense has 13 points.
While the defense is only allowing an average of 21+ points, it is not playing nearly as well as last season. Special teams has contributed nothing and allowed a punt return for a touchdown.
It’s not what anyone expected after an 11-5 season in 2016 that returned New York to the postseason for the first time since 2011.
”We’re not worried about the fans. We’re not worried about the fans, at all,” Pro Bowl safety Landon Collins said. ”If they want to neglect the New York Giants, they can neglect us. It’s about the guys in here, all 53 guys. We’re all that matters to each other.”
It would be easy to blame the Giants’ problems on the offense. It has generated very little either running or passing the ball. Coach Ben McAdoo’s play calling has been criticized and many think the job should go to offensive coordinator Mike Sullivan. The line has been terrible and Eli Manning’s play has been just as shaky.
Not having Odell Beckham Jr. for the first game because of an ankle injury and limited in the second compounded the problems.
”I think you’ve just got to believe that going through tough times will make you stronger, will make you stronger as a team,” Manning said Wednesday after a jog-through practice for Sunday’s game in Philadelphia.
”But you’ve got to get through them. That’s kind of the situation we’re in. There’s always going to be ups and downs of a season, hopefully we’ve kind of hit the rough patch and we’ll work ourselves out of it.”
Justin Pugh, who had to move from left guard to right tackle on the opening series after Bobby Hart aggravated an ankle injury, said the line remains confident despite all the negativity surrounding the unit. It just has to execute better, avoid the penalties and mistakes and keep fighting.
”If the fans want to go out and boo, I can’t fault them,” Pugh said. ”We haven’t put anything good out there on tape so far to prove them otherwise.”
Halfback Orleans Darkwa, who is pushing Paul Perkins for the starting job, said the offense is beating itself.
”I don’t think it’s the play calling or anything like that,” he said. ”I just think it’s the execution part. We just have to execute better. We’re definitely still confident. One play here or there can change the whole thing.”
Collins feels the same way about the defense, which is ranked No. 28 against the run (133.5 yards) after being one of the best in the league last season.
”We’re fighting, trying to figure it out,” Collins said. ”The offense is trying to figure it out. As a defense we just have to play much better so our offense can pick it up. We just have to hold teams to zero to three points. It’s on us. We’ll just try to do that as much as possible.”
Defensive tackle Jay Bromley summed it up for the team.
”We believe in these walls we are a good football team,” he said. ”We just haven’t played good football and we want to go out there and prove that we can.”
NOTES: TE Evan Engram was in the concussion protocol as a precaution. Beckham and LB Keenan Robinson (concussion) were also limited. … Hart, LB B.J. Goodson (shin), CB Janoris Jenkins (ankle) and LB J.T. Thomas (groin) did not participate in the workout.
For more NFL coverage: http://www.pro32.ap.org and – http://www.twitter.com/AP-NFL
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Early Modern »
The Great Storm of 1703
The Great Storm of 1703 Goodwin Sands
Key points about the Great Storm of 1703
The storm hit Britain on the night of 26 November 1703
It caused considerable damage to buildings, trees, and goods
Shipping and the navy suffered heavily during the storm
An estimated 8,000 people died during the storm, mainly at sea
Many believed it happened because God was angry with the British people
Daniel Defoe – spy, journalist, author of several books including Robinson Crusoe, and witness to the Great Storm
On the night of 26 November 1703 (OS), what has been described as the worst storm in the history of the country hit Britain. Over the next eight hours, it reaped terrible damage across Wales and the south of England, before heading across the Channel and the North Sea towards Holland and Scandinavia. In its wake were thousands of trees blown down, fleets of ships destroyed, thousands of lives taken, and significant sums of money, in the form of goods, houses, churches, land and animals, washed away.
November had been a windy month, as storm upon storm crossed the Atlantic and caused problems across the country. A few days before the Great Storm, strong winds were said to have troubled the shores of America's eastern seaboardThe most easterly part of a country or continent that faces the sea.The most easterly part of a country or continent that faces the sea., from Florida up to Virginia. It is likely that this tropical storm picked up force as it headed across the Atlantic, where it began to be felt by the afternoon of Friday 26 November. Many will say the storm lasted a week, but weather experts, using the pressure readings taken before and during the Great Storm, have suggested that the earlier winds of the 24 November where from a different storm system. To any with the instrumentation to observe it, it was clear a severe storm was blowing in. Daniel Defoe recorded that 'the Mercury sunk lower than ever I had observed it on any occasion whatsoever, which made me suppose the tube had been handled and disturbed by the children.' Daniel Defoe, The Storm: or, a Collection of the most Remarkable Casualties and Disasters which happened in the late Dreadful Tempest, both by Sea and Land (1704). Many of the quotations used in this article are taken from Defoe's book. However, I will not reference them all, to reduce the number of notes used. Quotations from other works will still be referenced. At around midnight, the storm proper landed on the west coast of Wales, and moved at about 40kn towards the south and east, which it reached in the early hours of the following morning.
At least two tornadoes were witnessed during, or immediately before, the storm. One, which appeared in Berkshire on 25 November, broke an oak tree and lifted a man off his feet. The man remained ill for some time, although the respondent, Joseph Ralton, attributed 'his illness more to the fright, than the sudden force with which he was struck down.' Another tornado, reported in Kent, lifted a boat 800ft from the water's edge onto dry land, and perhaps the same tornado was responsible for placing a cow high in the branches of a tree. The storm passed into the Channel, making its way toward Holland during the morning of 27 November, leaving a trail of destruction behind it. Defoe records that there was no calm weather until 2 December.
The Great Storm on land
Across the country, thousands of trees, many hundreds of years old, fell. One estimate reckons that 4,000 oaks were levelled in the New Forest alone and Defoe, who went on a tour of Kent following the storm, stopped counting fallen trees when he reached 17,000. Estates of the gentryThe social rung below the nobility, but including those who were landed and entitled to a coat of arms, and who could sit in the House of Commons. It typically included the locally powerful, such as knights and other important people in towns and the counties. were destroyed – 25 such with over 1,000 trees down each, and 'above 450 parks and groves, who have from 200 large trees to 1,000 blown down in them'. John Evelyn lost 2,000 on his Surrey estate. At one estate in Gloucestershire 600 trees measuring 80ft high were torn down, 'so that the roots of most of the trees, with the turf and earth about them, stood up at least fifteen or sixteen foot high'. Orchards were also flattened. One respondent to Defoe said he feared there would be no cider available at all the next year and another from Somerset lamented that 'Our loss in the apple-trees is the greatest; because we shall want liquor to make our hearts merry'.
Eddystone Lighthouse
Trees were not the only things to fall. Over 100 churches across the south of England had parts of their rooves ripped off, and many spires were damaged, some falling completely. In Kent, a steeple measuring upwards of 150ft 'was levelled with the ground, and made the sport and pastime of boys and girls, who to future ages, tho' perhaps incredibly, yet can boast they leaped over such a steeple'. In falling it damaged the church, and repairs cost between £800 and £1000. Houses likewise suffered: tiles flew off and chimneys fell in, sometimes bringing the floors down with them. An estimated 2,000 chimneys in London were destroyed, and Defoe reckoned there were a thousand estates across the country that each had between five and twenty chimneys blown down. Buildings were destroyed in at least 35 separate places across the country, and those which weren't sturdily built suffered worse: reports abound of the poorer villagers having their houses completely uncovered, and barns, stables and other outbuildings across the country were flattened. In Kent alone, Defoe reckoned there were 1,107 'dwelling-houses, out-houses, and barns blown quite down'. Windmills were blown or burnt down, thanks to the friction generated by their spinning sails. Eddystone Lighthouse, the first recorded offshore lighthouse, was swept away. The six people in it, including its designer, Henry Winstanley, were never seen again. It is said that Winstanley wanted to see out the greatest storm in his lighthouse, knowing that he, and it, would survive. It is also said that at the moment the lighthouse fell, so too did a model of it several miles away.
The damage was so great that it led to a boom in the building and roofing trades: prices rose from 21s. per 1,000 plain tiles to £6, and from 50s. per 1,000 pantilesS-shaped roofing tilesS-shaped roofing tiles to £10, while the cost of thatch rose from 20s. to 50s. When prices returned to normal levels, it was not for lack of want, but because people couldn't afford them. Demand, and price, had been so high that 'an incredible number of houses remained all the winter uncovered, and exposed to all the inconveniences of wet and cold'. There also simply weren't enough tiles to go around: it was the wrong time of year to make more and many buildings including Christchurch Hospital and the Temple used temporary covers of wood or thatch to see them through until the next summer.
With so much damage to buildings, there was bound to be loss of life. According to the weekly bills, 21 people in London and about 123 across the country (excluding those drowned and not found) were killed as a result. Many deaths, such as the Bishop of Wells and his wife, were due to heavy chimneys falling in, squashing the occupants of houses as they slept below. Others were injured by flying debrisScattered pieces of rubbish or remainsScattered pieces of rubbish or remains: 'Whatever the danger was within doors, it was worse without. The bricks, tiles, and stones, from the tops of the houses, flew with such force, and so thick in the streets, that no one thought fit to venture out, though their houses were near demolished within.'
However, falling debris and chimneys were not responsible for the majority of deaths. The storm created a surge in the tidal rivers and along the coast, and all those on or near water were in danger. The River Severn rose 'eight foot higher than ever was known in the memory of man' and spread a mile out from its banks in Berkeley, Gloucestershire. Flooding was widespread around the Avon, Wye and Severn, where sheep and cattle drowned in whole flocks and herds. The land beneath was covered with salt, having a knock-on effect that would last several harvests. One respondent to Defoe wrote that 'The grass on the downs [near Lewes] was so salt, that the sheep in the morning would not feed till hunger compelled them, and afterwards drank like fishes'. The bridge over the Wye at Chepstow was partially washed away, as was a section of Cardiff's town wall. All those with goods in cellars along the waterways lost money: in Bristol, 1,000 hogsheadsLarge casks, or measures of capacity of about 50 imperial gallons.Large casks, or measures of capacity of about 50 imperial gallons. of sugar and 1,500 of tobacco were lost and it was reckoned that the damage done along the banks of the Severn cost over £200,000.
Not only thousands of animals perished in the floods, but also people living near the waterways. In Bristol, several houses, many with residents in, were washed clean away, and those working to secure the goods of ships ran the risk of drowning or being crushed.
The Great Storm at sea
But it was those on the boats who suffered the most, and it is this loss of life for which the Great Storm is primarily remembered. The harbours of Britain were busy when the storm hit. The War of the Spanish SuccessionA European-wide conflict that happened between 1701 and 1715 that was triggered when the Habsburg ruler of Spain, Charles II, died childless.A European-wide conflict that happened between 1701 and 1715 that was triggered when the Habsburg ruler of Spain, Charles II, died childless. was underway, and the British fleet was at the ready, anchored around the coast. The Russian fleet of almost 100 ships was near the British coast as the winds increased and was dispersed by its power, with some ships going 'into Newcastle, some into Hull, and some into Yarmouth roads; two foundered in the sea; one or two more run ashore, and were lost; and the reserve frigate, their convoy, foundered in Yarmouth roads, all her men being lost'. To this crowd were added the merchant vessels. With high winds during the first part of November, many British ships remained in port, and others were chased in. Those sailing from the Americas made good, if uncomfortable, time, yet could not make the return journey for the strength of the oncoming wind. Those which did venture out into open sea soon found themselves pushed backwards, and many boats decided not to attempt leaving the harbour at all.
When the Great Storm swept in on 26 November, it found a chaos of boats that were easy pickings. Despite the best efforts of their men, many broke anchor and were driven into others, with both founderingA ship filling with water and sinkingA ship filling with water and sinking. Others were driven out into the open sea, often with their masts cut, where they were completely at the mercy of the elements. One tin ship operating near Helford in Cornwall was blown from her anchors and ended, eight hours later, wrecked on the Isle of Wight. Although the ship was lost, the goods and men on board were saved.
Woodcut of the Goodwin SandsA 10-mile long sandbank in the English Channel lying 6 miles off the Deal coast in Kent, England.
The Paris Gazetteer reported that 80,000 sailors and 300 ships were lost, which was without doubt an exaggeration – although apparently a believable one. Closer estimates reckon that about 8,000 died at sea or due to drowning during the storm, although an exact figure will never be possible to achieve. Ships were wrecked as far apart as the south coast of England, the Bristol Channel, Wales, the Humber and Holland. It is estimated that one-third of all seamen in the navy, some 10,000 men, were lost on the night of the storm. Hubert Lamb and Knud Frydendahl, Historic Storms of the North Sea, British Isles and Northwest Europe, Cambridge: Cambridge University Press (1991) p.59 Thomas Short, writing in 1749, thought that 'England lost more ships in this storm than ever were lost in any encounter with an enemy'. Thomas Short, A General Chronological History of the Air, Seasons, Weather, Meteors, Etc Vol I (1749) p.428 One seaman described the horror of the night:
By two a-clock we could hear guns firing in several parts of this road, as signals of distress; and tho' the noise was very great with the sea and wind, yet we could distinguish plainly, in some short intervals, the cries of poor souls in extremities… It was a sight full of terrible particulars, to see a ship of eighty guns and about six hundred men in that dismal case; she had cut away all her masts, the men were all in the confusions of death and despair; she had neither anchor, nor cable, nor boat to help her; the sea breaking over her in a terrible manner, that sometimes she seem'd all under water; and they knew, as well as we that saw her, that they drove by the tempest directly for the Goodwin, where they could expect nothing but destruction. The cries of the men, and the firing their guns, one by one, every half minute for help, terrified us in such a manner, that I think we were half dead with the horror of it.
Many of the navy, being anchored at the Downs off the Kentish coast, were driven onto the Goodwin Sands. Named after Earl Godwin, Harold II's father, who supposedly owned them. Survivors from the wrecked boats collected on the sandbanks, which are above water at low tide, and 'Here they had a few hours' reprieve, but had neither present refreshment, nor any hopes of life, for they were sure to be all washed into another world at the reflux of the tide. Some boats are said to come very near them in quest of bootyValuable stolen goods, especially those seized in war.Valuable stolen goods, especially those seized in war., and in search of plunderThe violent and dishonest theft of property and possessionsThe violent and dishonest theft of property and possessions, and to carry off what they could get, but nobody concerned themselves for the lives of these miserable creatures.' One who narrowly avoided such a fate, writing aboard HMS Shrewsbury said that:
Sir, — These lines I hope in God will find you in good health; we are all left here in a dismal condition, expecting every moment to be all drowned: for here is a great storm, and is very likely to continue; we have here the rear admiral of the blew in the ship call'd the Mary, a third rateA British navy ship of the line, carrying between 64 and 80 guns, usually with two gun decks.A British navy ship of the line, carrying between 64 and 80 guns, usually with two gun decks., the very next ship to ours, sunk, with Admiral Beaumont, and above 500 men drowned: the ship call'd the Northumberland, a third rate, about 500 men all sunk and drowned: the ship call'd the Sterling castle, a third rate, all sunk and drowned above 500 souls: and the ship call'd the Restoration, a third rate, all sunk and drowned: these ships were all close by us which I saw; these ships fired their guns all night and day long, poor souls, for help, but the storm being so fierce and raging, could have none to save them: the ship called the Shrewsberry, that we are in, broke two anchors, and did run mighty fierce backwards, with 60 or 80 yards of the sands, and as God Almighty would have it, we flung our sheet anchor down, which is the biggest, and so stopt: here we all pray'd to God to forgive us our sins, and to save us, or else to receive us into his heavenly kingdom. If our sheet anchor had given way, we had been all drown'd: but I humbly thank God, it was his gracious mercy that saved us. There's one, Captain Fanel's ship, three hospital ships, all split, some sunk, and most of the men drown'd.
There are above 40 merchant ships cast away and sunk: to see Admiral Beaumont, that was next us, and all the rest of his men, how they climbed up the main mast, hundreds at a time crying out for help, and thinking to save their lives and in the twinkling of an eye, were drown'd: I can give you no account, but of these four men-of-war aforesaid, which I saw with my own eyes, and those hospital ships, at present, by reason the storm hath drove us far distant from one another: Captain Crow, of our ship, believes we have lost several more ships of war, by reason we see so few; we lye here in great danger, and waiting for a north-easterly wind to bring us to Portsmouth, and it is our prayers to God for it; for we know not how soon this storm may arise, and cut us all off, for it is a dismal place to anchor in. I have not had my cloaths off, nor a wink of sleep these four nights, and have got my death with cold almost.
Yours to command.
Miles Nobcliffe.
I send this, having opportunity by our botes, that went ashore to carry some poor men off, that were almost dead, and were taken up swimming.
Rear-Admiral Basil Beaumont
The residents of Deal, not 10 miles away, were heavily criticised for their refusal to help these men. Only one man, Thomas Powell the mayor of the town, was able to rouse some support, by offering to pay 5s. a head to any who helped, and stealing the uncooperative customs officers' boats. Rescuing 200 men, he fed, clothed and found lodgings for them, all at his own expense. Despite his ministrationsGiving assistance or careGiving assistance or care, many did not survive the night. He buried the dead and the rest he furnished with enough money to reach Gravesend, again out of his own pocket. Defoe goes on to lament that 'I wish I could say with the same freedom, that he received the thanks of the Government, and reimbursement of his money as he deserved, but in this I have been informed, he met with great obstructions and delays, though at last, after long attendance, upon a right application, I am informed, he obtained the repayment of his money, and some small allowance for his time spent in soliciting for it'.
Unwillingness to help others wasn't limited to government officials and the residents of Deal. 'A gang of hardened rogues assaulted a family at Poplar, in the very height of the storm, broke into the house, and robbed them: it is observable, that the people cried thieves, and after that cried fire, in hopes to raise the neighbourhood, and to get some assistance; but such is the power of self-preservation, and such was the fear the minds of the people were possessed with, that nobody would venture out to the assistance of the distressed family, who were rifled and plundered in the middle of all the extremity of the tempest.' Nor did pregnant women fare better. 'Several women in the city of London who were in travailPainful or hard effort. It can also refer to a woman in childbirth.Painful or hard effort. It can also refer to a woman in childbirth., or who fell into travail by the fright of the storm, were obliged to run the risk of being delivered with such help as they had; and midwives found their own lives in such danger, that few of them thought themselves obliged to shew any concern for the lives of others.'
Aftermath and legacy
The scale of the damage, and the amount of lives lost, led to a searching among the survivors for a reason for the storm. A favoured explanation was that it was 'the dreadest and most universal judgment that ever almighty power thought fit to bring upon this part of the world.' The storm was a punishment from God, visited on England for its sins, for atheismDisbelief or lack of belief in the existence of a god or godsDisbelief or lack of belief in the existence of a god or gods and turning away from the correct Christian path. Queen Anne's government agreed, announcing that the calamityDisasterDisaster 'loudly calls for the deepest and most solemn humiliation of our people' and proclaiming a national day of fasting on December 5th in recognition of the 'crying sins of this nation'. Richard Cavendish, ‘The Great Storm’ History Today 53 (2003) The motion of the wind was little understood at the beginning of the 18th century, seeming 'to be more of God in the whole appearance, than in any other part of operating nature.' Wind, according to Defoe, was God's remaining mystery, so it was only fitting that it be used to punish a place that had become infested with atheists and sinners.
Given the range and damage of the storm, there is no doubting its significance, but was it really the biggest storm Britain has witnessed in recorded history? Defoe called it 'the greatest, the longest in duration, the widest in extent, of all the tempests and storms that history gives any account of since the beginning of time.' Yet Hubert Lamb, who undertook a huge survey of British storms placed it fifth in his list. Admittedly, many of the others – such as the storm of 1987, as well as those of 1825 and 1792 – came after the Great Storm, but he also lists one that happened just nine years before it. There was objective proof available at the time that some aspects of the storm were not as bad as previous weather, and that atmospheric pressure, as measured through barometerAn instrument used to measure atmospheric pressure, using either liquids, such as water or mercury, or springsAn instrument used to measure atmospheric pressure, using either liquids, such as water or mercury, or springs readings, was just as low two weeks before 26 November. As recorded by the Reverand William Derham in his account published in the Royal Society's Philosophical Transactions, 289. Derham was the first person to estimate the speed of sound accurately. An unfortunate combination of circumstances, particularly at sea, undoubtedly increased the effects of the storm. Yet the anonymous author of An Exact Relation of the Late Dreadful Tempest, published in 1704, stated that some of the early reports of damage and loss of life on the sea were not as bad as first supposed, as more men and ships made their way back to England. Others pointed to the fall in the price of grain that winter as an indication that damage to crops was not as great as feared. Defoe, however, suggested the reason was the remaining corn would spoil unless it was threshed immediately, as the stores for keeping it had been destroyed, and that the resultant straw proved useful in covering the houses.
Portrait of Daniel Defoe
Part of the storm's fame comes from the records that were published subsequently, particularly Daniel Defoe's, which kept it in people's minds and which told so many stories of suffering. After surveying the damage done by the storm to London's shipping, Defoe felt inspired to post an advertisement in the London Gazette asking for eye witnesses. He received a considerable response from across the country and compiled a book called The Storm: or, a Collection of the most Remarkable Casualties and Disasters which happened in the late Dreadful Tempest, both by Sea and Land. This work has been called the first substantial work of modern journalism, but his intention wasn't simply to inform: it was to spread the message he read in the storm. 'The main inference I shall pretend to make or at least venture the exposing to public view, in this case, is, the strong evidence God has been pleased to give in this terrible manner to his own being, which mankind began more than ever to affront and despise'.
Defoe's book, gripping and well-researched as it may be, inclines toward exaggeration. He describes the impact of the storm as 'universal, and its extent general, not a house, not a family that had anything to lose, but have lost something by the storm, the sea, the land, the houses, the churches, the corn, the trees, the rivers, all have felt the fury of the winds.' Yet in places such as Hastings, we hear the total damage did not exceed £40, and others like Swansea felt nothing more than was commonly experienced during storms. Of course, some places were hit harder than others but for every animal drowned, many others escaped unharmed, and for every death reported, many more wrote of their miraculous survival.
Whatever the true nature of the storm itself, the sweeping impact it had on many lives, livelihoods, and minds cannot be ignored. And it is for this reason that the storm of 1703 will always be remembered as the Great Storm.
How great a storm was it?
What do the reasons given for the storm tell us about society and religious belief at the start of the 18th century?
How much does fear have an impact on the experience and recording of the storm?
How have improvements in scientific knowledge helped us to understand storms, and how has this affected us culturally?
For those brave enough, it is possible to visit Goodwin Sands at low tide. Information on trips can be found here.
Look at experiences of the Great Storm, as recorded by the likes of Defoe, and compare them with records from later storms. What does this tell you about the impact of the storm?
Essential reading for anyone interested in the Great Storm of 1703 is Daniel Defoe's The Storm: or, a Collection of the most Remarkable Casualties and Disasters which happened in the late Dreadful Tempest, both by Sea and Land.
The Trial and Execution of Charles I
Late Tudor and Early Stuart Parliaments
Living in the Dakota building, John Lennon and Yoko Ono apparently employed a man 'whose sole job was to polish the apartment's brass doorknobs' .
"Is life not a hundred times too short - to get bored? "
~ Nietzsche
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Front. Aging Neurosci., 08 November 2013 | https://doi.org/10.3389/fnagi.2013.00069
Parvalbumin increases in the medial and lateral geniculate nuclei of aged rhesus macaques
Daniel T. Gray1, Megan L. Rudolph1, James R. Engle2 and Gregg H. Recanzone1,3*
1Center for Neuroscience, University of California at Davis, Davis, CA, USA
2Evelyn F. McKnight Brain Institute, University of Arizona, Tucson, AZ, USA
3Department of Neurobiology, Physiology and Behavior, University of California at Davis, Davis, CA, USA
Subcortical auditory structures in the macaque auditory system increase their densities of neurons expressing the calcium binding protein parvalbumin (PV) with age. However, it is unknown whether these increases occur in the thalamic division of the auditory system, the medial geniculate nucleus (MGN). Furthermore, it is also unclear whether these age-related changes are specific to the macaque auditory system or are generalized to other sensory systems. To address these questions, the PV immunoreactivity of the medial and lateral geniculate nuclei (LGN) from seven rhesus macaques ranging in age from 15 to 35 was assessed. Densities of PV expressing neurons in the three subdivisions of the MGN and the six layers of the LGN were calculated separately using unbiased stereological sampling techniques. We found that the ventral and magnocellular subdivisions of the MGN and all six layers of the LGN increased their expressions of PV with age, although increases in the MGN were greater in magnitude than in the LGN. Together, these results suggest that the MGN shows age-related increases in PV expression as is seen throughout the macaque ascending auditory system, and that the analogous region of the visual system shows smaller increases. We conclude that, while there are some similarities between sensory systems, the age-related neurochemical changes seen throughout the macaque auditory system cannot be fully generalized to other sensory systems.
Parvalbumin (PV) immunoreactivity is a well-established neurochemical marker of subsets of neurons in several sensory systems of the mammalian brain (Demeulemeester et al., 1989; Celio, 1990; Hof et al., 1999; Jones, 2003; Dávid et al., 2007). PV and other calcium binding proteins have calcium-buffering capacities, and several types of cortical interneurons are classified by their chemical signatures to these molecules (Carder et al., 1996). Intracellular calcium affects numerous calcium dependent biochemical pathways, most of which alter the physiological environment of the cell. These calcium-buffering proteins therefore indirectly regulate intracellular processes through their control of free calcium levels (Yáñez et al., 2012). Furthermore, neurotransmitter release is calcium dependent (Tang et al., 2011), and these molecules likely affect this process to some degree as well. A coarse sense of changes in the intracellular environment and signaling capabilities of neurons can be attained by using histological markers for calcium binding proteins as chemical probes, and noting changes in their expression under different conditions, in this case natural aging.
The relative density of PV+ neurons can be altered as a function of aging in some sensory systems, and also in animals given peripheral insults mimicking the effects of aging. The majority of these observations come from rodent models (O’Neill et al., 1997; Zettel et al., 1997; Idrizbegovic et al., 2003, 2004, 2006; Ouda et al., 2008; Hatano et al., 2009; Ouda et al., 2012), but recently the rhesus macaque has emerged as another model to study these age-related changes. The macaque auditory and visual systems contain PV+ neurons at subcortical and cortical levels, and both systems show changes in PV immunoreactivity with natural aging or conditions associated with aging (Blümcke et al., 1991; Glezer et al., 1998). For example, within the auditory system, presbycusis (age-related hearing loss) in the macaque monkey is correlated with increases in the numbers of PV labeled neurons in the superior olivary complex (SOC) and the inferior colliculus (IC; Gray et al., 2013a; unpublished observations), but not in the cochlear nucleus (CN; Gray et al., 2013b), and it remains is unknown whether these changes occur in the macaque MGN or not. In the visual system, binocular and/or monocular enucleation of adult rhesus monkeys results with decreases in PV immunoreactivity in the neuropil of the LGN and primary visual cortex (Blümcke et al., 1994), and similar decreases have been noted in glaucoma patients (Yücel et al., 2000). The functional consequences of these changes remain unclear, but they are thought to play a role in compensating for the deficits in natural processing that are associated with age.
The medial (MGN) and lateral (LGN) geniculate nuclei are the principle thalamic divisions of the auditory and visual systems, respectively. The extraction of basic spatial and spectral information occurs upstream from the thalamus in both systems, therefore sensory information arriving to both of these nuclei contains similar information (i.e., what the stimulus is and where the stimulus came from). For example, the SOC in the auditory brainstem contains neurons sensitive to spatial cues, and spatial sensitivity to sounds in azimuth and elevation are found in the IC in the midbrain (Moore, 1991). In the visual system, the majority of this processing occurs in the retina (Kuffler, 1953; Rodieck and Stone, 1965; Lee, 1996). Similarly, most spectral encoding occurs early in the processing stream of both systems at the level of the inner hair cells along the basilar membrane of the cochlea and the photoreceptors of the retina (Robles and Ruggero, 2001; Conway, 2009). While both the visual and auditory cortices continue to represent and further process spatial and spectral information (Shapley and Hawken, 2002; Conway, 2009; Recanzone, 2011; Adesnik et al., 2012), by the thalamic division of both sensory systems the foundations of this information has been extracted. Therefore, the MGN and LGN can be viewed as anatomically and functionally analogous regions of the auditory and visual systems, making the geniculate a good comparison site between these two sensory pathways.
Changes in PV immunoreactivity have been studied in the auditory system, but not in the visual system of naturally aging macaque monkeys. Comparing analogous regions of the visual and auditory systems could be useful in determining if the neurochemical changes that are employed by the auditory system as a consequence of aging are used by multiple sensory systems, or if these changes are specific to the auditory system. Therefore, in the present study we quantify the age-related changes in PV immunoreactivity within the primary thalamic divisions of the auditory and visual systems, the MGN and LGN respectively. We partitioned the MGN into its three principle subdivisions, the ventral MGN (vMGN), dorsal MGN (dMGN), and the magnocellular MGN (mMGN), and quantified the density of PV+ cells separately for each subdivision. Similarly, the density of PV+ neurons of the two magnocellular and four parvocellular layers of the LGN were quantified separately to compare the ipsilateral and contralateral representations.
The MGN and LGN from seven rhesus macaques ranging from 15 to 35 years of age (roughly equivalent to 37 to 107 human years of age; see Davis and Leathers, 1985) were quantified to determine the densities of PV expressing neurons using unbiased stereological sampling techniques. Table 1 describes the demographic information of all animals used in this analysis. No animal had a history of loud noise exposure, ear trauma, or ototoxic drug treatment. No monkeys had obvious visual impairments or ocular abnormalities, although this was not rigorously tested. All monkeys were maintained on ad libitum food and water with the exception of one (25 year old) who was briefly water regulated during training on auditory discrimination tasks. All procedures adhered to the National Institute of Health’s guidelines, and were approved by the UC Davis Institutional Animal Care and Use Committee.
TABLE 1. Demographics and information on the monkeys used.
Histological Processing and Antibody Characterization
Histological processing for PV immunohistochemistry has been previously described in detail (Gray et al., 2013a). Briefly, animals were euthanized with an overdose of sodium pentobarbital (60 mg/kg, i.v.), and transcardially perfused with a solution of 4% paraformaldehyde, 0.1% glutaraldehyde (for cross-linking of macromolecules), and saline in 0.1% phosphate buffer (pH 7.4; fix 1), and a mixture of 4% paraformaldehyde and 10% sucrose to initiate cryoprotection (fix 2). Following perfusion, the brains were extracted and placed in a solution of 4% paraformaldehyde and 30% sucrose for complete cryoprotection. All seven brains were cut transversely at thicknesses ranging from 25–50 μm. The tissue was stored in 0.1 phosphate buffer until tissue processing (Hackett et al., 2001; de la Mothe et al., 2006a,b; Padberg et al., 2009), which occurred within 2 months of euthanasia. Sections were alternately stained for PV immunohistochemistry and Nissl.
Parvalbumin immunohistochemistry followed a modified protocol of the ABC method (ABC kit, Vector Labs), and visualized with the 3, 3′-diaminobenzidine (DAB) and hydrogen peroxide reaction. The sections were blocked overnight (12 h) in 3% normal horse serum and 0.25% Triton X, followed by a 4 h incubation in the primary PV antibody (anti-PV in mouse, 1:4000; Sigma-Aldrich). Following several washes in 0.1% phosphate buffer the sections were incubated for 1 h in the secondary antibody (Biotinylated Anti-Mouse IgG, 1:250; Vector Labs). After several more rinses in phosphate buffer, the sections were placed in a peroxidase substrate solution for the DAB reaction until the desired intensity, yielding good label with minimal background staining, was achieved (5–8 min). The Sigma immunoType™ Kit (Product Code ISO-1), and a double diffusion immunoassay using Mouse Monoclonal Antibody Isotyping Reagents (Product Code ISO-2) confirmed isotype specificity of the anti-PV antibody as frog leg PV. Exclusion of the primary antibody yielded only weak background staining with no punctate signal in any animal, indicating that all positive signals resulted from the PV antibody, and not extraneous label. The information for all antibodies and chemicals used in this procedure is summarized in Table 2.
TABLE 2. Information on the antibodies and chemicals used for immunohistochemical and histochemical reactions.
Standard light microscopy and unbiased stereological sampling techniques were used to estimate the PV+ cell density of the MGN and LGN. These nuclei were sampled by two observers blind to the identity and age of the animals. A 0.5 mm2 grid was digitally overlaid on a 40× image of the tissue. This high magnification was chosen to ensure that the counting grid fell entirely within the boundaries of the layers of the LGN to avoid biases arising from differences in counting area. Differences in tissue thickness can bias cell counts such that thinner sections yield overestimations (Abercrombie and Johnson, 1946). Therefore we applied an optical fractionation approach in our density estimations. This procedure uses an optical disector with optimal guard spaces on either side of the z-plane to scan the depth of the tissue. Thus, fragmented cells at the edges of the tissue play a negligible part in the density calculation (West et al., 1991; Mounton, 2002). Estimated PV+ neurons (En) were calculated as follows:
En = Nv × Vref
Nv = ΣQ/(n × Vdis)
With Nv representing the points counted within the grid, Vref is the volume calculated by the Cavalieri principle, Q is the cells counted, n is the number of disectors, and Vdis represents the volume of each disector. Since Nv and Vref refer to a common volume, these calculations control for volume changes in the cell counts.
To ensure constancy in the counting criteria, the two observers counted non-geniculate sections until they reached a 95% agreement for 20 consecutive sections. A paired t-test of the estimates used for analysis revealed that the two observers did not differ (p > 0.4). Positively stained soma were defined as possessing a punctate cellular morphology containing positive label, and neurons were counted only if they fell entirely within the grid or if they touched two sides (top and right) of the grid. Several control analyses in previous studies using this same tissue and staining protocol ensured the observer’s ability to reliably distinguish labeled neurons from background staining of the neuropil (Gray et al., 2013a). The density of the sample was calculated by dividing the estimated cell count by the estimated volume (En/Vref).
Statistical analysis was accomplished in three steps. First, the animals were grouped into middle-aged and aged groups using 21.66 years (corresponding to 65 human years; Davis and Leathers, 1985) as the cutoff. While each animal provided multiple measures of cell densities for each nucleus subdivision, the dataset was limited to three (middle-aged) and four (aged) animals. We therefore used relatively strict criteria to assess statistical significance in all of our analyses, and all r-values and p-values > 0.01 are reported as calculated. First, comparisons between groups were made using an unpaired t-test, with an alpha level of 0.01. Second, we used a linear regression model to understand the relationship of these densities as a function of age. In these calculations, the Pearson product moment correlation was found along with the p-value. We considered statistically significant trends to be those with r-values greater than 0.7 coupled with an alpha level of 0.01 or smaller. Finally, all age-density relationships underwent a Monte Carlo analysis. This analysis first calculates the r-values of the existing relationship, and then randomly re-assigns the age and density values before calculating the new r-value of the random relationship. This re-assignment is done 1000 times, and the p-value is the percentage of random relationships that give an r-value greater than or equal to the observed r-value. Therefore the Monte Carlo provides the probability that the observed relationship is due to chance. A p-value of 0.05 (i.e., a regression coefficient was greater than 950/1000 coefficients generated by chance) was used as the significance cutoff in this procedure. Relationships were only considered significant if they passed our criteria for both the regression analysis and the Monte Carlo analysis.
To understand the age-related changes in PV expression within the MGN and LGN, serial sections from seven rhesus macaques ranging in age from 15 to 35 years were prepared (Table 1). The MGN and LGN both had positively stained neurons in all animals, and showed relatively little background staining of the neuropil. Figure 1A shows a Nissl stained section of both geniculate nuclei, and demonstrates the anatomical proximity of these two nuclei in the thalamus. The three principle subdivisions of the MGN, the vMGN, dMGN, and mMGN, were defined according to conventions of Jones (2003). The borders of these three subdivisions were not as readily apparent as the six layers of the LGN, making the delineation of these regions difficult. To ensure that all counts came entirely from within each subdivision we segregated every section analogously based on the conventions mentioned above (Figure 1B), and placed our counting grids away from these borders into regions that were unambiguously defined within a particular subdivision. The dMGN showed few neurons with PV staining, although those that did were clearly stained, an observation previously noted (Jones, 2003). The densities of PV+ stained cells, as measured by the number of positively stained neurons within a given volume of tissue (see Methods), were much greater in the other subdivisions of the MGN as well as in all six layers of the LGN.
FIGURE 1. Representative Nissl stains of the sensory thalamus. (A) Transverse Nissl stained section showing the anatomical proximity of the medial and lateral geniculate nuclei. (B) The three subdivisions of the MGN, the ventral (vMGN), dorsal (dMGN), and magnocellular (mMGN) MGN, defined according to previous conventions (Jones, 2003). All MGN sections were partitioned in this manner for stereological quantifications. The left sides of these images correspond to the medial aspect and the top to the dorsal aspect of the sections. Scale bar = 500 μm.
Visual inspection of the MGN revealed different patterns of age-related changes in PV expression in the three subdivisions. The density of PV+ cells was clearly increased in the vMGN and mMGN as a function of age, whereas changes in the dMGN were much less apparent (Figure 2). Quantifications of PV+ cell densities within these subdivisions revealed that our qualitative observations were accurate. A regression analysis of these densities as a function of age revealed that the number of PV+ neurons positively correlated with age (r = 0.83, p < 0.01 Figure 3A), whereas the PV densities of the mMGN and dMGN trended but did not significantly correlate with age by our criteria (r = 0.75, p = 0.027; r = 0.76, p = 0.021; mMGN and dMGN respectively; Figure 3A). Grouping the monkeys into middle aged and old age groups (see Methods) revealed that both the vMGN and dMGN significantly increased their densities of PV+ neurons (unpaired t-tests, p < 0.01; Figure 3B), but PV+ neuron density in the dMGN remained constant (unpaired t-test; p = 0.20; Figure 3B).
FIGURE 2. Comparison of parvalbumin positive cell density of the MGN between the 15- and 35-year-old animals. Comparison of micrographs from a (A) 15 year old vMGN and (B) 35 year old vMGN reveals apparent age-related increases in the number of stained cells. However, when comparing a (C) 15 year old dMGN with a (D) 35 year old dMGN, no apparent age-related changes in the number of stained neurons are seen. Similar to the vMGN, the mMGN showed age-related increases between the (E) 15 year old or and (F) 35 years old animals. The left side of this image corresponds to the medial aspect and the top to the dorsal aspect of the sections. Scale bar = 150 μm.
FIGURE 3. Age-related changes in PV positive neuron density from the three subdivisions of the MGN. (A) Regression analyses of the estimated cell densities from the ventral MGN (vMGN; black diamonds), dorsal MGN (dMGN; gray squares), and magnocellular MGN (mMGN; white circles) as a function of age showed a significant correlation only in the vMGN. (B) Estimated cell densities of the vMGN, dMGN, and mMGN when the animals were combined into middle aged and old age groups revealed significant increases in both the vMGN and mMGN. Asterisks indicate significance by an unpaired t-test at an alpha level of 0.01.
In the LGN there appeared to be an increased density of PV+ neurons as a function of age in all six layers. Figure 4 shows representative photomicrographs of magnocellular and parvocellular layers from a young and an old animal, and the age-related increases in the densities of PV+ neurons are apparent in both layers. Regression analysis (Figure 5A) of our stereological calculations revealed that both the magnocellular and parvocellular layers had increased density of PV+ neurons with age (r = 0.95, p < 0.01; r = 0.86, p < 0.01; magnocellular and parvocellular, respectively). Individually, each layer increased its expression with age (all r > 0.8; all p < 0.01; data not shown), except layer five which showed strong trends (r = 0.75; p = 0.051). Comparisons between the middle-aged and aged groups revealed an age-related increase in PV density across all layers (all p < 0.01; Figure 5B).
FIGURE 4. Age-related changes in the number of parvalbumin positive cells in the LGN. Comparison of micrographs from a (A) 15 year old magnocellular layer 2 and (B) 35 year old magnocellular layer 2 reveals apparent age-related increases in the number of PV+ cells. Likewise, a comparison of micrographs from a (C) 15 year old parvocellular layer 3 with a (D) 35 year old parvocellular layer 3 show similar increases. The left side of this image corresponds to the medial aspect and the top to the dorsal aspect of the sections. Scale bar = 150 μm.
FIGURE 5. Age-related changes in PV positive neuron density from the layers of the LGN. (A) Regression analyses of the estimated densities of PV+ labeled cells from the magnocellular (layers 1 and 2; gray squares) and parvocellular (layers 3 through 6; black diamonds) layers as a function of age showed significant correlations in all layers with the exception of layer 5. (B) Estimated densities of the six individual layers when the animals were combined into middle aged and old age groups revealed significant increases in all LGN layers. Asterisks indicate significance by an unpaired t-test at an alpha level of 0.01.
The preceding analysis showed that most MGN subdivisions and LGN layers from aged macaques have higher PV+ densities compared to those from middle aged macaques. However, since there was a higher density of PV+ neurons in the LGN compared to the MGN in the middle aged animals (compared Figures 3B–5B), it is not clear if the relative differences in densities as a function of age were the same between the different divisions of these two thalamic nuclei. In order to determine if this was the case, we normalized the differences in the aged monkeys by taking the ratio of the old PV densities to the middle aged PV densities. Figure 6 shows the results of this analysis in the three subdivisions of the MGN and the magnocellular and parvocellular layers of the LGN. The increases in the vMGN and mMGN were much greater in magnitude than the changes in the magnocellular and parvocellular layers of the LGN. These results show that the age-related increases in PV density differ between the auditory and visual systems. Furthermore, these results suggest that the age-related effect is not due to general differences of the aging nervous system (differences in vascularization, permeability of the individual cells to the histochemical processes, or differences in immunoreactivity as a function of age), but rather the changes are specific for the different subdivisions of the MGN and LGN.
FIGURE 6. Density of PV + neurons increases more in the MGN than the LGN. Normalized PV density increases in the ventral, dorsal and magnocellular MGN (vMGN, dMGN, and mMGN; respectively), and from the magnocellular and parvocellular layers of the LGN. Values were found by taking the ratio of the old to young PV densities in each subdivision. Asterisks mark the regions that showed statistically significant age-related increases in the density of PV+ neurons. Asterisks indicate significance by an unpaired t-test at an alpha level of 0.01.
Age-Related Differences in PV Immunoreactivity in the Central Auditory System
The primary objective of this study was to determine whether the macaque MGN increases its PV expression with age as seen in the SOC (Gray et al., 2013a), and IC (unpublished observations). Our data did show a clear increase in PV expression with age in the macaque MGN, consistent with data from rodents (Ouda et al., 2008). With the addition of the present data, all subcortical auditory structures of both macaques and rodents have shown age-related changes in the expression of calcium-related proteins (references cited above for macaques; for rodents see O’Neill et al., 1997; Zettel et al., 1997; Idrizbegovic et al., 2003, 2004, 2006; Ouda et al., 2008, 2012). The current thalamic data in the macaque is consistent with what has been observed in the macaque SOC (Gray et al., 2013a) and IC (unpublished observations) in that not all subdivisions showed age-related changes. In the SOC, only the medial superior olive showed statistically significant increases, whereas the lateral superior olive only showed a trend toward increases, and the medial nucleus of the trapezoid body showed no changes. In the IC, the central nucleus and the peripheral cortex region showed age-related changes in PV+ density. Interestingly, the CN showed no such changes in PV+ density with age, although the density of neurons that stained positively for NADPH-diaphorase (NADPHd) did increase with age, and the density of PV+ cells was correlated with changes in ABR thresholds (Gray et al., 2013b). These combined results indicate that while calcium-associated proteins are differentially expressed throughout the ascending auditory system in the macaque, the first relay nuclei showing age-related influences on PV expression are the SOC and IC. Thus, these age-related effects appear to be restricted to a specific sub-pathway of the ascending auditory system in macaques. Why these particular sub-divisions are effected in this way by age while others are not is currently unclear. Other calcium dependent proteins, such as the nitric oxide synthase molecule NADPHd have also been shown to increase with age in macaque and rodent subcortical auditory structures (Yan et al., 1996; Soares-Mota et al., 2001) including the macaque CN (Gray et al., 2013b). Therefore other calcium binding- and/or dependent-proteins may increase their expressions in ascending auditory structures of aged macaques as seen in rodents, and are likely in some way compensating for the decreased neural output of the cochlea (Engle et al., 2013).
Changes in the MGN were More Specific than in the LGN
The second purpose of this study was to determine if these neurochemical changes of the aged auditory system were similar or different to those of the aged visual system. The thalamus is the ideal structure to make these direct comparisons as both nuclei can be visualized in the same anatomical section (Figure 1) and differences in histological processing are minimized. Similar to the MGN, all six layers of the LGN increased their expression of PV positive neurons with age. While the PV+ densities observed in the LGN were overall higher than those seen in the three sub-divisions of the MGN, the increased densities as a function of age were relatively much higher in the MGN compared to the LGN. This implies that at least a part of the noted changes are specific to the area and/or sensory system, and not a general change.
The principle subdivisions of the MGN and each of the six layers of the LGN have distinct functional properties. The ascending auditory system can be segregated into two major parallel processing pathways that originate at the level of the CN, and segregate anatomically, chemically, and functionally in higher auditory regions (Jones, 2003). At the level of the MGN, these pathways are almost entirely segregated, and much of our understanding of the function of these dual pathways arose from thalamic and cortical studies (Hu, 2003). The lemniscal pathway ascends mostly through the vMGN and primarily concerns itself with relaying the auditory signal, whereas the non-lemniscal pathway primarily ascends through the dMGN and is involved with higher order functions such as cuing, emotional responses, and learning processes (Merabet et al., 1998; LeDoux, 2000; Komura et al., 2001; Matsumoto et al., 2001). Interestingly the mMGN shows characteristics of both pathways, and is often considered an intermediate. The immunoreactivity of these processing streams to calcium binding proteins shows pronounced segregation, with the lemniscal pathway being PV rich and the non-lemniscal pathway being calbindin (CB) rich. Since PV was the only calcium buffer used in the study, it comes as no surprise that only the vMGN and mMGN increased their expressions of this protein with age. Whether the dMGN increases expression of its characteristic calcium binding protein, CB, with age remains to be seen.
The layers of the LGN are also specific in their functional response properties, but not chemically specific to calcium binding proteins like the MGN. Magnocellular layers 1 and 2 and parvocellular layers 3 through 6 receive distinct input from the retina, and have differing response properties (for review see Gegenfurtner and Kiper, 2003). Despite these differences, all layers experienced similar age-related increases in PV immunoreactivity with age. Therefore the visual system showed less specificity than did the auditory system with regards to age-related increases in PV. Whether this pattern holds true elsewhere in the visual system as it does in the auditory system cannot be inferred from the present data. Also, it is plausible that another calcium binding protein would yield different patterns.
Sensory Deprivation Models Natural Aging Better than Deafferentation
To our knowledge this is the first study investigating the effects of natural aging on PV immunoreactivity in the macaque visual system, and the results show similar increases in PV expression as seen in the auditory system. Deafferentation studies in both systems yield opposite results from the data reported here. Following monocular or binocular enucleations, the visual system decreases its expression of PV+ neurons both thalamically and cortically (Blümcke et al., 1994), and ablation of the cochlea results in decreases in the expression of calcium binding proteins as well (Hatano et al., 2009). Interestingly, sensory deprivation studies in both systems result in either unaltered or increased expression of calcium binding proteins (Mize and Luo, 1992; Tigges and Tigges, 1993; Caicedo et al., 1997), suggesting that deafferentation and sensory deprivation affect these systems differently and in opposite directions. Our data suggests that the effect that natural aging has on the immunoreactivity of calcium binding proteins resembles the effects of sensory deprivation rather than deafferentation. This distinction is important because both sensory deprivation and deafferentation are often implemented to mimic the natural declines in peripheral processing abilities associated with age. However, their effects on the nervous system are not analogous to the effects of natural aging, and must be considered accordingly.
The authors would like to thank Xochi Navarro and Dina Juarez-Salinas for their help with this project, and Rhonda Oates-O’Brien and Guy Martin for excellent animal care. Funded in part by NIA R21AG024372, R01AG034137 (Gregg H. Recanzone), and NIDCD T32DC008072 (James R. Engle).
All authors had full access to all the data in the study and take responsibility for the integrity of the data and the accuracy of the data analysis. Study concept and design: Daniel T. Gray, James R. Engle, Gregg H. Recanzone. Acquisition of data: Daniel T. Gray, Megan L. Rudolph, James R. Engle. Analysis and interpretation of data: Daniel T. Gray, Megan L. Rudolph, Gregg H. Recanzone. Drafting of the manuscript: Daniel T. Gray, Gregg H. Recanzone. Critical revision of the manuscript for important intellectual content: Daniel T. Gray, Megan L. Rudolph, Gregg H. Recanzone. Statistical analysis: Daniel T. Gray, Megan L. Rudolph. Obtained funding: James R. Engle, Gregg H. Recanzone. Administrative, technical, and material support: Daniel T. Gray, James R. Engle. Study supervision: Gregg H. Recanzone.
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Keywords: parvalbumin, thalamus, medial geniculate, lateral geniculate, monkey, geriatric
Citation: Gray DT, Rudolph ML, Engle JR and Recanzone GH (2013) Parvalbumin increases in the medial and lateral geniculate nuclei of aged rhesus macaques. Front. Aging Neurosci. 5:69. doi: 10.3389/fnagi.2013.00069
Received: 25 July 2013; Paper pending published: 17 September 2013;
Accepted: 16 October 2013; Published online: 08 November 2013.
Hari S. Sharma, Uppsala University, Sweden
Eugene A. Kiyatkin, National Institute on Drug Abuse, Intramural Research Program, USA
Jose-Vicente Lafuente, University of Basque Country, Spain
Copyright © 2013 Gray, Rudolph, Engle and Recanzone. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.
*Correspondence: Gregg H. Recanzone, Center for Neuroscience, University of California at Davis, 1544 Newton Ct, Davis, CA 95618, USA e-mail: ghrecanzone@ucdavis.edu
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2014/15 Annual Review
Connecting rural Australia & philanthropy, government & business since 2000
Programs in Action >
People in rural, regional and remote locations deserve access to quality services and opportunities, such as health, education and transport. But this is often not the case. Our grants help local community groups enhance what already exists, or fill the gaps.
Programs in Action: Wellness forum brings locals together
Forum participants gained new knowledge and support networks.
“The prolonged drought in central western Queensland has impacted upon both the physical and mental health of many members of the community. The people in the area are suffering extreme financial, physical and emotional hardship,” explained Jenny Lindsay from the Stonehenge Action Group Inc.
To alleviate some of the stressors, the inaugural Stonehenge Wellness Forum was held last year, supported by a $3,000 grant through the Small Grants for Rural Communities (SGRC) program, thanks to the Sylvia & Charles Viertel Charitable Foundation.
The Forum’s aim was to enhance people’s social and emotional well-being. Preventative health assessments were offered for people living within three hour’s drive of Stonehenge, which has a population of just over 100 people.
“With this grant we were able to showcase an array of exciting guest speakers and fabulous trade displays,” Jenny said. Sessions ranged from fitness to business strategies, personal values to health and nutrition, as well as art. A beautician and masseuse were also on site to pamper guests.
The forum was open to all community members - drought affects the physical and mental health of everyone, no matter the age, gender or size of community.
Cam Lindsay of 'Yuruga', a property south-west of Longreach, was among the attendees. “Sometimes the perception is that this kind of event is only for women. But men who attend with their partners can really benefit. It gives you the opportunity to develop new approaches and map out your goals together. By both partners attending, you are on the same page and can go home and work better as a team,” Cam explained.
Hover over the panels below to read four Grants in Brief.
shoes for
Through the BTS program, children and families in need receive $50 vouchers to purchase school essentials. Wearing a uniform that fits, shoes without holes or having new stationery makes a difference. All students are equal to their peers and can just focus on learning.
The Lifeskills Plus Transition to Work program, assists school leavers with disabilities, in Mudgee, NSW, to obtain employment. Through the ANZ Seeds of Renewal program they received five Lenovo ThinkPad Tablets, valued at $4,245, for driver training to help participants get their driving license.
violence has no divide
The Central Coast Community Women’s Health Centre Ltd received $15,000 from FRRR’s I4CI program, thanks to the NSW Department of Families & Community Services and the Flannery Family Foundation. They developed a series of vignettes to support women from culturally and linguistically diverse backgrounds who may be experiencing domestic violence.
Tennant Creek Transport sought to provide improved transport services in this NT community. Utilising $5,000 from the SGRC program to augment other funding, they were able to purchase a brand new wheelchair-accessible bus and provide access to services for all residents.
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Grand Palais, Galeries nationales
- 9 October 2019 - 27 January 2020
Henri de TOULOUSE-LAUTREC, La Clownesse Cha-U-Kao, 1895 ©Musée d’Orsay, Paris, France
Download the booklet of the exhibition
Acheter ce produit
Toulouse-Lautrec à la Belle Époque
Since 1992, the date of the last French retrospective of the artist, countless exhibitions have explored the connections in the works of Toulouse-Lautrec to «Montmartre culture», which he concurrently chronicled and criticised. This sociological approach, pleased by what it tells us of the expectations and anxieties of the time, reduced the scope of an artist whose origins, opinions and open aesthetics protected him from all inquisitorial temptation. Lautrec never positioned himself as an accuser of urban vices and decadent affluence. By his birth, training and life choices, he saw himself rather as a pugnacious and comical interpreter, terribly human in the sense of Daumier or Baudelaire, of a freedom that needs to be better understood by contemporary audiences.
By giving too much weight to the context and folklore of the Moulin-Rouge, we have lost sight of the aesthetic, poetic ambition which Lautrec invested in what he learned, in turn, from Princeteau, Bonnat and Cormon. As evidenced by his correspondence, Manet, Degas and Forain allowed him, from the mid- 1880s, to transform his powerful naturalism into a more incisive and caustic style. Yet there was no linear, uniform progression, and true continuities are observed on both sides of his short career. One of them is the narrative component from which Lautrec strayed much less than one might think. It is particularly clear in his approaches to death, around 1900, when his vocation as a historical painter took a desperate turn. The other dimension of the work that must be attached to his training is the desire to represent time, and soon to deploy duration as much as freeze momentum. Encouraged by his photographic passion and the success of Degas, electrified by the world of modern dancers and inventions, Lautrec never ceased to reformulate the space-time of the image.
Exhibition produced by the musées d’Orsay et de l’Orangerie and the Réunion des musées nationaux - Grand Palais with the exceptional support of the ville Albi city and the Toulouse-Lautrec museum. Exhibition produced with the exceptional assistance of the Bibliothèque Nationale de France, holder of the entire lithographic work of Henri de Toulouse-Lautrec.
This exhibition is organized with the support of ING, MAIF and Fondation Louis Roederer.
Thursday, Sunday and Monday from 10 am to 8 pm.
Wednesday, Friday, Saturday from 10 am to 10 pm.
Closed on Tuesdays Closed on 25 december 2019
€15, concessions
€11 (16-25 years, jobseekers and large families)
free for those under 16 years, minimum wage earners
Wim Wenders invites you under the Nave of the Grand Palais !
Every evening from the 18th to the 22nd April 2019, Wim Wenders will present a monumental cinematographic installation based on his entire film work, projected on the interior structure of the Nave of the Grand Palais : it's FREE !
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50 Best Colleges for Adult Education 2017-2018
By Gabrielle Kratsas
Adult education offerings for those nontraditional students looking to start or continue their academic careers include online courses, an active veterans office, night classes, accelerated programs and more. With more and more adult students entering and continuing college, it’s important that colleges and universities recognize that many of these older students are balancing full-time jobs, families and more.
Luckily, there are plenty of top ranking colleges and universities out there that put in the extra effort to accommodate adult and military students. Many of these online colleges come with affordable tuitions as well; a majority of the schools on this list cost less than $15,000.
The National Center for Education Statistics defined nontraditional undergraduates as students who delayed enrollment in postsecondary education by at least one year; have dependents other than a spouse, are single parents, work full time while enrolled or are financially independent from parents; and who received a GED or other nonstandard high school certificate of completion. According to NCES’ most current Digest of Education Statistics, the total fall enrollment of students 25 and older has been rising since 2015 and is projected to continue to do so through 2025.
We sourced information from the National Center for Education Statistics’ College Navigator Database, U.S. News & World Report, Wikipedia, the individual schools’ websites and other college resource websites listed at the end of this article.
We developed this ranking by starting with a list of 100 colleges and universities with the highest percentage of students over the age of 25, as reported by U.S. News & World Report in the 2015-2016 academic year. We want to find the best value for our readers, so we narrowed that list down to the 50 cheapest colleges, and we ranked it using the point system below.
The point system we used in our ranking works as follows:
Affordability: Net Cost less than $10,000 (2 points), less than $15,000 (1 point)
Bachelor’s Degree Programs: More than 25 available programs (2 points)
Online Degree Programs: More than 10 online degree programs offered (2 points); any academic programs offered online (1 point)
Graduate Study Availability: Graduate programs aligned with its undergraduate majors available (1 point); online graduate degree programs (2 points)
Additional Programs/Services Beneficial to Nontraditional Students: 1 point per program
Student-Faculty Ratio: Fewer than 15 students per teacher (2 points)
Student Retention: First-time student retention rates, as reported by College Navigator, above 75% (1 point) and 90% and above (2 points)
Academic Awards and Recognition: International accolade (2 points), national accolade (1 point)
When two or more schools earned the same number of points, their rank order was determined by the schools’ affordability. The schools with lower net costs received the better ranking (lower net cost = lower number).
50. Huston-Tillotson University in Austin, TX
Huston-Tillotson University is a great college for adult education because of its Adult Degree Program.
Points Awarded: 4
Net Cost: $17,088
Huston-Tillotson University is a private historically black university affiliated with the United Methodist Church, the United Church of Christ and the United Negro College Fund. This university offers four-year degrees in business, education, the humanities, natural sciences, social sciences, science and technology, as well as alternative teacher certification and academic programs for undergraduates interested in pursuing post-graduate degrees in law and medicine. HTU is accredited by the Southern Association of Colleges and Schools Commission on Colleges and operates jointly under the auspices of the American Missionary Association of the United Church of Christ and the Board of Education of The United Methodist Church.
HTU is a small college with enrollment around 1,000 and a 14:1 student-faculty ratio. Through the Adult Degree Program, older students can take one course at a time in an accelerated format to graduate faster than expected. There are six nontraditional degree programs in areas like education, business administration and psychology. HTU does offer one graduate degree program in educational leadership.
49. Calumet College of Saint Joseph in Whiting, IN
Calumet College of Saint Joseph’s School of Adult Learning offers non-traditional, accelerated degree programs that can be completed within just 12 to 24 months.
Calumet College of Saint Joseph is a private college affiliated with the Roman Catholic Church through the Missionaries of the Precious Blood. This small, family-oriented college offers master’s, bachelor’s and associate degree programs with full-time, part-time and evening class options. CCSJ has no out-of-state tuition differential, and it is accredited by the Higher Learning Commission and other specialized accrediting agencies.
The School of Adult Learning at CCSJ offers degree completion programs designed to meet the educational needs of working adults with a non-traditional deliverance format. Adult students with two years of transferrable college credit have the opportunity to complete their degree in just 12 to 24 months, depending on the program. All of these online degree completion programs feature up to 35 percent of tuition coverage through scholarships, credit awarded for work experience and training, small learning groups, multiple locations and more than one financial aid option. This format consists of twice weekly four-hour meetings and a comprehensive curriculum of 14 modules.
48. North Carolina Wesleyan College in Rocky Mount, NC
North Carolina Wesleyan College’s Office of Adult and Professional Studies offers nine flexible online bachelor’s degree programs that adult learners may earn in a multitude of formats and time frames.
Founded by the Methodist Church, North Carolina Wesleyan College is a private four-year coeducational, liberal arts college with its main campus in Rocky Mount and 13 other satellite campuses for adult students within the state. Traditional and working adult students can choose a degree program from among six areas of study: Business, Education & Social Science, Mathematics & Sciences, Humanities, Liberal Studies, and Pre-Professional.
The Office of Adult and Professional Studies at NC Wesleyan offers nine baccalaureate degree programs designed to meet the educational needs of adult learners. Students are able to tailor their degree to their interests and choose from 5-week, 8-week, hybrid and online class formats through the ASPIRE program. Most of the school’s professional development courses are completely online, covering topics like human resources, IT certifications and business. All veterans and active duty Military students will receive a 10 percent discount on tuition, in addition to other available benefits.
47. Northeastern Illinois University in Chicago, IL
Northeastern Illinois University offers a multitude of helpful adult education resources and programs, making education easily accessible.
Founded in 1867, Northeastern Illinois University is a public state university that serves 10,000 students in the region and is a federally designated Hispanic Serving Institution. The university offers more than 80 undergraduate and graduate programs in the arts, sciences, education and business, as well as four additional campus locations in the metropolitan area. NIU has regional accreditation through the Higher Learning Commission of the North Central Association of Schools and Colleges.
NIU offers a number of programs that support adult education, like University Without Walls, a competency-based degree program that leads to a BA or BS and offers individualized curriculum, self-directed programming, alternatives to traditional classrooms and involvement with university faculty. Another program is the Weekend Institute for Professional Development, which provides undergraduate adult students with course offerings on Friday evenings as well as Saturday mornings and afternoons at three different sites. The Office of Community and Professional Education (CAPE) offers non-credit classes and workshops to working adults in the community. Distance education, online, videoconferencing and hybrid courses are available to those who can’t come to campus.
46. Central Christian College of Kansas in McPherson, KS
Central Christian College of Kansas offers online undergraduate degree programs with E-textbooks included in tuition, as well as an evening bachelor’s degree program in organizational leadership.
Central Christian College of Kansas is an evangelical Christian college affiliated with the Free Methodist Church, offering four-year and career entry programs in business, ministry and liberal studies leading to bachelor’s and associate degrees. Central Christian offers 40 areas of study, including an evening organizational leadership degree program and is accredited by the Higher Learning Commission.
Military Advanced Education & Transition (MAE&T) has named Central Christian a top school in its 2016 guide to colleges and universities for military and veteran education because of the school’s military culture, financial aid, flexibility, general support, on-campus support and online support services. The seven online degree programs and online courses at Central are offered through a highly collaborative course delivery system that students can work through at any time convenient for them. This college also includes E-textbooks with the online students’ tuition.
45. CUNY York College in Jamaica, NY
York College offers an increasing variety of bachelor’s degree programs with services like the Lifelong Learning Program to help its nontraditional students succeed.
Net Cost: $7,202
York College of The City University of New York is one of 11 senior colleges in the CUNY system that has a 50-acre campus. With over 65 bachelor’s degree and related certificate programs available, students can earn degrees in subjects that range from anthropology and music childhood education to biotechnology and clinical laboratory science. All of CUNY’s campuses are accredited by the Middle States Commission on Higher Education, and all of the degree programs are registered with the New York State Department of Education.
While 74 percent of full-time students returned to school after one year, the university’s part-time students have a retention rate of 85 percent. Through its Continuing & Professional Education, York College aims to meet the educational needs of both working and non-working adults who wish to pursue a variety of non-credit course offerings in a college setting through on-campus services like the Learning Center, Lifelong Learning Program and the Small Business Development Center.
44. Eastern Oregon University in La Grande, OR
Eastern Oregon University has a second campus in Gresham, OR that is designed to meet the needs of adult students.
Founded in 1929, Eastern Oregon University is one of seven state-funded, four-year universities, offering bachelor’s and master’s degree programs both on campus and online. This school enrolls 3,176 students, and more than half take at least one class through flexible delivery, including online and onsite courses. EOU is accredited by the Northwest Commission on Colleges and Universities (NWCCU).
Great Value Colleges has recognized EOU for its online degree programs in previous years, and other sources, like Military Times, have ranked the school for being accessible to veterans and adult students. EOU Online students have access to personal advisors, affordable tuition and quality degrees in subjects like physical activity and health, emergency medical services administration and business. The average class size is 25 students, and about 91 percent of the student population receives some financial aid. The Continuing Education office aids adults in completing their GED, and the secondary Gresham campus offers a live classroom setting primarily designed to meet the needs of adult learners and transfer students residing in the Portland metropolitan area.
43. SUNY Empire State College in Saratoga Springs, NY
At SUNY Empire State College’s Center for Distance Learning, online students have access to 400+ courses that they can take online, on-campus or in whatever hybrid format works best with their work-life balance.
SUNY Empire State College, one of the 13 arts and science colleges of the State University of New York, offering degrees that can be tailored to meet individual education, career and personal goals, transfer-friendly policies and extensive support through MyESC. The college has partnerships with organized labor, all branches of the military and the private and nonprofit sectors. ESC is accredited by the Middle States Commission on Higher Education, and the college serves mostly working adults at its 35 locations in New York, abroad and online.
The Center for Distance Learning at ESC offers 12 areas of study in which adult students can opt to take a single course or earn their entire degree online. This college has been working with students at a distance since 1971, and offers more than 400 instructor-led online courses today. For those adult learners looking to simply update skills, chart a career path or discover a new talent, the CDL offers 250+ noncredit online courses in subjects like creating web pages, introduction to project management and marketing for small business. Out of the school’s total enrollment, 83 percent of students are 25 and older.
42. Wilmington University in New Castle, DE
At Wilmington University, nontraditional students can choose from a plethora of online undergraduate and graduate degrees without breaking the bank.
Wilmington University is a private, non-profit doctoral research institution that offers undergraduate and graduate-level degree programs online and throughout Delaware, New Jersey and Maryland. Of the more than 18,000 students enrolled at WilmU, 65 percent are over the age of 25. About 41 percent of students at WilmU are enrolled online. The University is accredited by the Middle States Commission on Higher Education.
WilmU has over 90 degrees, concentrations and certificates available completely online, from a BS in computer network security to an MEd in school leadership. The College of Online & Experiential learning also assesses prior learning to provide additional pathways or credit for degree completion. Online adult students have access to the same advising, tutoring, library resources and other services available as those who attend class on campus. At the Student Success Center, students can access tutoring, workshops and seminars, writing and math resources and more. Featured professional development opportunities include student leadership workshops, work-study employment, professional organizations and more.
41. Bismarck State College in Bismarck, ND
Bismarck State College is the third-largest college in the North Dakota University System with approximately 3,781 students and an average class size of 16 students. Not only is the college’s tuition low, but the BSC Foundation offers about $500,000 in scholarships annually. Bismarck is accredited by the Higher Learning Commission, and several of its programs are accredited by specialized organizations.
Bismarck has just one fully-online four-year degree program available, but it is the only BAS in energy management in the nation. The school also offers career and technical programs, liberal arts transfer programs and a variety of occupational programs in the energy career field. Additionally, students can access a variety of personal and professional courses with flexible schedules through the Office of Continuing Education. Course examples include cooking, accounting/finance and innovation.
40. Bluefield State College in Bluefield, WV
Bluefield State College offers an online BA degree program designed specifically for adult learners.
Bluefield State College is one of the most affordable schools in West Virginia and the only non-residential four-year college in the state system. Bluefield State offers baccalaureate and associate degrees in subjects like civil engineering technology, imaging science and early/middle education. Out of the part-time students enrolled at this college, 100 percent of them return after the first year, according to the NCES. Bluefield is accredited by the Higher Learning Commission.
Bluefield offers 16 bachelor’s degree programs and aims “to work with students in nontraditional ways” when it comes to making these programs accessible to those who are balancing too much to make it to the physical campus. The college offers online classes in addition to its Regents BA degree program, which is “designed specifically for adult students looking to earn a baccalaureate degree.” The fully-online degree program does not require a major or minor, but students can “earn an interest” in a specific field like psychology, business and criminal justice.
39. Indiana University East in Richmond, IN
Indiana University East is an affordable school that offers online bachelor’s degree completion programs and certificates in subjects like criminal justice, nursing and business administration.
Indiana University East is a premier four-year and master’s public institution and the regional campus in the Indiana University system. Offering over 50 academic programs and more than 800 courses, IUE is the region’s leader in baccalaureate and master’s degree programs. IU East is accredited by the Higher Learning Commission of the North Central Association of Colleges and Schools (HLC).
Twelve out of the 50 areas of study are available as online degree completion programs, which are identical to those received from any campus of Indiana University. There are about 20 students per class on average, and tuition is more than 20 percent less than the national average. Financial aid at this campus totals about $23 million per year, and “Military @ IU East” provides support services to active duty and veteran students like help with applying to the university, covering tuition and completing an on-campus or online degree.
38. New Jersey City University in Jersey City, NJ
At New Jersey City University, older students are able to choose on-campus degree programs, some of which continue at the graduate level or online career-specific courses and certifications.
New Jersey City University is a public university and a member of the New Jersey Association of State Colleges and Universities. NJCU offers 43 undergraduate, 27 graduate and two doctoral programs. It has an enrollment of almost 5,000 full-time and about 1,500 part-time undergraduate students. Of those undergraduates, an estimated 76 percent receive financial aid, and the average age is 25. This university is accredited by the Middle States Commission on Higher Education and seven other accrediting agencies.
NJCU has at least one master’s degree program within each of its four colleges and schools so that students can continue their academic careers through the graduate level. The Continuing Education program allows those students following a nontraditional course of study to grow existing professional and personal skills through flexible courses and certification programs that have more than one start date throughout the year. Some examples of these courses include Adult Skills & Enrichment, American English Program and Career Development. Over 1,000 online courses are available from online test prep to 18-month self-paced instruction in fields like allied health, computer, business, accounting and more.
37. University of North Texas at Dallas in Dallas, TX
The University of North Texas at Dallas offers online and hybrid courses, as well as an adult student-specific admissions program, and it is the cheapest college on this list.
The University of North Texas at Dallas is a state university and the only regionally accredited, public university in the City of Dallas. With a Fall 2016 enrollment of over 3,000 students, this university has a variety of first-time freshmen, transfer students, veterans and graduate students. UNT Dallas offers 22 undergraduate, 8 graduate programs and 1 professional degree. It is accredited by the Southern Association of Colleges and Schools Commission on Colleges.
UNT Dallas offers 27 different on-campus degree programs, including logistics & supply chain management, information technology, biology and accounting. While UNT Dallas doesn’t offer full online programs, the school has hybrid and online courses through its Office of Distance Learning and Instructional Technology. The eCampus has 222 sections of 167 different online or hybrid courses, as of the Spring 2016 semester. The school is also in the process of using these courses to develop fully-online degree programs. This university also has an Adult Admission Program where adult students eligible for this program may be accepted without the required SAT or ACT test scores.
36. Grace Bible College in Wyoming, MI
Adult students can obtain an affordable, quality education online, at night and/or in the traditional on-campus format.
Grace Bible College is an evangelical Christian college that offers a wide variety of on-campus, online, adult and graduate degree programs at an affordable price. Founded in 1939, GBC has earned recognition for its affordable tuition, enrollment growth, online programs and as a top Christian college. GBC is dually accredited by the Higher Learning Commission and by the Commission on Accreditation of the Association for Biblical Higher Education.
More than half of those 1,000 enrolled at GBC are considered nontraditional students, and the student-faculty ratio is 13:1. The Graduate Studies Program at Grace offers master’s degrees in a 100 percent online format. There are also associate, bachelor’s and master’s degrees in an accelerated degree program format designed for busy adults. Evening classes are available at the Grand Rapids campus, and students can choose from three different online baccalaureate programs and three online associate degree programs. GBC offers college credit for qualified military training and/or experience, specially-trained military-friendly counselors and military tuition assistance, earning the school a spot on Military Friendly’s 2016 list of top schools. Grace has been recognized as having quality online degree programs with an affordable tuition by sources like Best Colleges.
35. University of Michigan-Flint in Flint, MI
The University of Michigan-Flint offers a number of adult education programs like support groups, childcare and a Veterans Resource Center.
Founded in 1956, the University of Michigan-Flint is a public university and one of the two University of Michigan satellite campuses. This university enrolls just over 8,500 students and has a 15:1 student-faculty ratio. It practices the “engaged learning” teaching style so students gain hands-on experience in their degree field. UM-Flint is accredited by the Higher Learning Commission (HLC) of the North Central Association of Colleges and Schools.
The Office of Extended Learning has online degrees and programs, off-campus programs as well as courses and noncredit professional development programs. Students can work toward earning their UM-Flint degree at five different college campuses around Michigan, depending on the program. This university offers services beneficial to adult students like childcare, a Veterans Resource Center and two new academic support groups that began during Fall 2016. Developed by the Women’s Educational Center, one group is for non-traditional students and the other is specifically for students who are parents. These groups meet twice monthly and aim to increase retention and graduation rates, and provide students with an additional network.
34. University of Houston-Clear Lake in Houston, TX
The Center for Executive Education at the University of Houston-Clear Lake offers courses and seminars designed for working professionals.
Since opening its doors in 1974, the University of Houston-Clear Lake has awarded more than 62,000 degrees and offers over 80 undergraduate and graduate degree programs. UHCL enrolls more than 8,600, with a student-faculty ratio of 16:1. The university has partnerships with businesses, organizations, schools and individuals in the region and is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.
UHCL offers a variety of off-campus undergraduate and graduate degree programs that are accessible at four campuses in addition to UH-Clear Lake: UHCL Pearland, Texas Medical Center, Alief/Taylor High School and Fort Bend ISD. All students are entitled to an academic advisor who they can interact with face-to-face, via email, chat or the phone. Off-campus and online students are also able to access student resources like online tutoring, an online bookstore, online course support, disability services and virtual library services. This university holds multiple distinctions for its teacher education. The Continuing Education program offers services like weekly CE presentations, a foreign language and English enhancement program. The Center for Executive Education enables adult students to advance their careers with courses and seminars designed for working professionals.
33. Tennessee Wesleyan University in Athens, TN
Tennessee Wesleyan University offers online and adult education programs like the Management Excellence program that allows older students to complete their degrees in just 16 months.
Founded in 1857, Tennessee Wesleyan University is a small university affiliated with the Holston Conference of the United Methodist Church. This university has an enrollment of more than 1,100, over 30 undergraduate majors and a 12:1 student-to-faculty ratio. Tennessee Wesleyan is accredited by the Southern Association of Colleges and Schools Commission on Colleges. Its program has been approved by the Tennessee State Board of Education and the University Senate of the United Methodist Church.
About 65 percent of TWU’s student population is over the age of 25. U.S. News & World Report ranked TWU among its top ten best value colleges in the south (2017), and more than 90 percent of Tennessee Wesleyan’s students received some type of financial aid. Tennessee Wesleyan’s online and adult programs include bachelor degree completion programs, two of which are 100 percent online, an online RN to BSN program and two online master’s degree programs. The Management Excellence program’s goal is to help adult students earn their degrees in as little as 16 months.
32. New Mexico Highlands University in Las Vegas, NM
New Mexico Highlands University makes adult education accessible with its statewide centers and distance learning.
New Mexico Highlands University is a public, state-run university offering a wide variety of undergraduate and graduate degree programs in subjects like forestry, athletic training and software development. This university has a student-faculty ratio of 12:1 and a student enrollment under 2,500. NMHU is accredited by the Higher Learning Commission and various other specialized accrediting agencies.
NMHU has a number of E-courses, an online RN-BSN nursing degree and four online graduate degree programs for its adult students. U.S. News & World Report ranked NMHU as one of the most affordable public universities in the country. Highlands is known for its small classes of just 15 to 35 students. To make adult education more accessible, NMHU has statewide centers that offer a number of the school’s more popular programs in Rio Rancho, Albuquerque, Santa Fe, Farmington and Roswell.
31. University of Alaska Anchorage in Anchorage, AK
Adult students at the University of Alaska Anchorage can take advantage of small class sizes, online degree programs and the Community & Technical College.
The University of Alaska Anchorage is a major public four-year research institution and the largest university in the state, with satellite campuses in Homer, Kodiak, Soldotna, Valdez and Mat-Su. UAA is fully accredited by the Northwest Commission on Colleges and Universities, and many of the colleges and academic programs are individually accredited through professional licensure organizations. UAA is an open-access university with academic programs leading to: occupational endorsements; undergraduate and graduate certificates; and associate, baccalaureate and graduate degrees.
UAA has a student/faculty ratio of 11:1, over 60 undergraduate degree programs and about 30 graduate degree programs. Through eLearning at UAA, Distance Student Services acts as a liaison among students, faculty and academic departments. It provides support related to online courses and coordinates test proctoring services. The Community & Technical College is one of eight college and schools at UAA. It offers technical education degrees, certificates and skills-training programs that meet the needs of employers in the state of Alaska. Continuing Education courses are also available in industries like construction and design, automotive and information and technology.
30. College of Central Florida in Ocala, FL
The College of Central Florida supports adult education through flexible online and evening class schedules and programs like Career Coach.
Formerly known as Central Florida Community College, the College of Central Florida is a public state college and a member institution of the Florida College System. In 2015, the U.S. Department of Education ranked CF the No. 20 most affordable college in the country. This university is accredited by the Southern Association of Colleges and Schools Commission on Colleges.
CF offers a variety of degree programs with flexible schedules for its adult learners, Some of these are available completely online, like the BAS in business and organizational management, BS in nursing, four associate degrees and 11 certificate programs. According to the school’s website, e-learning is the fastest growing area of CF academia with hundreds of online and hybrid courses available annually. Outside of working online, CF offers curriculum where students can earn college credit certificates on their way to an associate degree to get qualified to work as quickly as possible. CF awards more than $1 million in scholarships each year, has smaller class sizes, offers free academic support and has six locations in Marion, Citrus and Levy counties. Here, veterans can utilize their Chapter 30, 31, 33, 35, 1606 and 1607 Benefits Services like Career Coach are available to get students working in the field of their choice.
29. Touro College in New York, NY
Touro College offers adult students an Achieve More Scholarship that could take 20-40 percent off of tuition.
Touro College is America’s largest private institution of higher and professional education under Jewish auspices. Outside of New York, Touro has campuses in Chicago, California, Nevada, Moscow, Israel and Berlin. Here, adult students can work toward certificate, associate, bachelor’s, master’s, professional and doctoral degree programs. Touro College is accredited by the Middle States Commission on Higher Education (MSCHE).
The Achieve More Scholarship is applicable to any of Touro’s online degree programs, and students can receive up to four free courses and 20-40 percent off tuition, depending on the degree level and the scholarship option chosen. Touro University Worldwide offers online degree programs that are flexible for working adults and grounded in scholar-practitioner orientation. TUW is a military friendly online college that doesn’t require textbooks, allows students to learn from anywhere in the world and offers discounted military tuition. Students can also get college credit for military training and service.
28. Lewis-Clark State College in Lewiston, ID
Lewis-Clark State College offers a variety of online degree programs, noncredit courses, technical education and more for its adult students.
Founded in 1893, Lewis-Clark State College is a public undergraduate college with an annual enrollment of just under 4,000 students and a 14:1 student-faculty ratio. This college offers 90+ degree and certificate programs within six academic divisions and two career and technical educational divisions. Lewis-Clark State College is accredited by the Northwest Commission on College and Universities.
For working adults looking to earn a bachelor’s degree online, LCSC currently has 372 online courses and nine online degree offerings. Hybrid courses and web-enhanced lecture classes are also available. Online students receive support through services like Read & Write Literacy Software, the Blackboard Support Center and Library Resources. Career & Technical Education at LCSC offers professional and technical training through an array of educational experiences. Workforce Training offers short term, noncredit, cost-friendly classes for workers. The Adult Learning Center offers support and instruction in reading, writing, math and the English language to help adults transition into college and/or prepare for the GED tests These services are available in Grangeville, Lewiston, Moscow and Orofino.
27. University of Baltimore in Baltimore, MD
The University of Baltimore makes adult education accessible by offering a variety of formats in which students can complete their degrees online, on-campus and at another campus in Rockville, MD.
Part of the University System of Maryland, the University of Baltimore is a public undergraduate, graduate and professional university located in the heart of the city with an enrollment just under 6,000. UB works hard to make its education accessible to working adult students through offering day, weekend, evening and online classes. UB offers 37 undergraduate degree programs, 30 graduate programs and 17 certificates The university is accredited by the Middle States Commission on Higher Education.
About 80 percent of students receive financial assistance. UB is ranked 23rd by Washington Monthly’s 2016 College Rankings, in the category of Best Four-Year Colleges for Adult Learners. On campus, The Bob Parsons Veterans Center is fully-staffed place for military and veteran students to access education benefits, resources, support programs, computer labs, a lounge and even a kitchenette. UB offers a fully-online BS in business administration, as well as a graduate certificate and three master’s degree programs available in hybrid and web-assisted formats where online activities supplement those in the classroom. Students living in Rockville, MD can access master’s and bachelor’s programs at the Universities at Shady Grove in a variety of formats, including 10-week sessions.
26. Madonna University in Livonia, MI
Madonna University is great for adult education because of its affordability, accessibility and student veteran support.
Founded in 1937, Madonna University is an independent, Catholic liberal arts university with a 12:1 student-faculty ratio and additional campus locations in Gaylord, Macomb, Southwest Detroit, Dubai and China. Madonna offers associate and bachelor’s degree programs in 100+ majors, 30 different master’s degree programs and one doctoral nursing program. Madonna receives its institutional accreditation through the Higher Learning Commission (HLC) and specialized accreditation for certain programs.
More than 80 percent of the student body at Madonna receives scholarships and grants. They also have access to unique degree programs that wouldn’t compare elsewhere, like sign language studies and hospice education. Undergraduate students can earn an Essentials in EOL Care Certificate or a BS in family and consumer sciences online, while graduate students can choose from six different online certifications and programs. Through Credit-by-Exam, adult students can accelerate their degree completion by testing their previously-learned proficiency in a variety of subjects. GI Jobs has named Madonna a military friendly school three consecutive years Noncredit courses are available at a lower tuition rate for those who are looking for a more nontraditional education.
25. University of Houston-Victoria in Victoria, TX
At the University of Houston-Victoria, adult learners can access Continuing Professional Education conferences, workshops and certificate programs.
University of Houston-Victoria is a four-year state university in the University of Houston System. About 97 percent of UHV undergraduates who applied for financial aid during the 2014-2105 school year were offered assistance. UHV has 4,152 students and is accredited by the Southern Association of Colleges and Schools Commission on Colleges and other specialized accrediting agencies.
UHV offers a lot of face-to-face bachelor degree and graduate programs in Victoria and Katy, and many of these are available 100 percent online or with few in-person requirements. Victory Media designated UHV Military Friendly as a result of the university’s efforts to recruit and support active military personnel and veterans. The School of Education, Health Professions and Human Development at this school is approved and registered by the State Board of Education and the Texas Education Agency as a Continuing Professional Education (CPE) provider. Here, adult students can attend workshops and conferences or register for a certificate program to further their careers.
24. Cameron University in Lawton, OK
Cameron University backs its adult learners and graduates with a guarantee of free education if an employer deems the graduate’s skills to be below average.
Cameron University is a four-year, state-funded university that offers more than 50 degrees through two-year, four-year and graduate programs with an average fall enrollment of approximately 5,100. CU baccalaureate graduates who enter the workforce are backed by The Cameron University Guarantee, a program in which Cameron will provide free additional education if employers identify a deficiency in core employment areas in the graduate’s major field of study. This university is accredited by the Higher Learning Commission.
CU offers online classes and degree programs through the Distance Learning program in fully-online, hybrid and Interactive Television formats. The Distance Learning website lists a percentage next to each online associate, bachelor’s and master’s degree showing how much of the program is completable online. Other adult education programs include: the Interdisciplinary Studies degree programs, designed for active duty military personnel; the BS in organizational leadership degree completion program; an active Veterans Affairs office and continuing education outreach workshops.
23. The University of Texas of the Permian Basin in Odessa, TX
At the University of Texas of the Permian Basin, adult students have the choice of 10 different majors that they can complete entirely online.
The University of Texas of the Permian Basin has a dynamic, growing campus with over 5,000 students. This university has a 98 percent pass rate for teacher certification and ranks third in the state for placement in employment and graduate school. UTPB is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.
The Veterans Services office at UTPB provides the Financial Literacy program, which assists students with the information and tools necessary to be effective and financially literate. For those adult students who live nearby, this university offers on-campus child-care services. For those who are not able to make it to campus, UTPB offers 10 different majors among its fully-online degree programs, seven of which are available in the eight-week accelerated format, eight online master’s degree programs and four online education certifications. It also offers courses in cooperation with three area community colleges in many locations throughout the region via the Regional Electronic Academic Communications Highway (REACH).
22. Belhaven University in Jackson, MS
Belhaven University offers a wide variety of online degree programs at all levels, as well as adult and professional degree programs.
Points Awarded: 10
Founded in 1883 Belhaven University is a private Christian liberal arts university offering 70 areas of study across a variety of disciplines, as well as 18 master’s degree programs. Multiple sources like U.S. News & World Report and Military Friendly have recognized Belhaven as affordable and accessible. Belhaven is accredited by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) and additional programmatic accreditors.
About 60 percent of the students enrolled at Belhaven are 25 or older, and the student-faculty ratio is 11:1. This school offers adult and professional degree programs online and at six campus locations. Adult students can take one class at a time with night meetings once each week. All online degree programs are grounded in the school’s Christian teaching curriculum, and students can learn at any degree level. Benefits for military and veteran students include tuition discounts, college credit for training, VA benefits and more.
21. Portland State University in Portland, OR
Portland State University is the city’s most affordable public research university, and it offers a four-year degree guarantee that will cover the cost of any classes not completed within four years.
Portland State University is nonprofit, coeducational and the city’s most affordable public research university. U.S. News & World Report ranked PSU among the publication’s top 10 most innovative schools in 2016, and other sources have recognized this school as having high quality online programs. With 29,000 enrolled students, who come from all 50 states and 89 different countries, PSU is one of the larger universities on this lis. Over 70 percent of students receive some sort of financial aid. PSU is fully accredited by the Northwest Commission on Colleges and Universities.
PSU is the only Oregon university offering a “four-year degree guarantee.” If any students cannot complete their degree within four years with the help of PSU’s counseling and advising, the university will cover the tuition of any remaining classes. PSU Online offers baccalaureate, graduate, certificate, endorsement and licensure programs in subjects like business of craft brewing, construction contracting and healthcare. The office of Continuing Education provides professional development and graduate-level programs for teachers, school administrators, counselors, trainers, and human service professionals.
20. Wayland Baptist University in Plainview, TX
Wayland Baptist University reaches adult learners across the globe with campuses in seven states and in Kenya, Africa.
Wayland Baptist University is a private, coeducational university with a total of 14 campuses in Texas cities, six other states and Kenya. The average class size is 16 students, and 65 percent of the student population is 25 years or older. Almost all of the full-time students at Wayland obtained some sort of financial assistance. This university is affiliated with the Baptist General Convention of Texas and accredited by the Southern Association of Colleges and Schools Commission on Colleges.
Of the 40 available undergraduate degree majors, an AAS and four baccalaureate programs are available fully online. Students in a number of the school’s graduate programs are also able to complete their degrees in a hybrid or online format. In the last two years, Wayland has received recognition as one of the top online colleges and a top school for adults. According to the school’s website, it was among the first institutions in the country to design programs for men and women serving in the US armed forces. Students can take WBU’s courses at the military bases located near most of the school’s external campuses.
19. Monroe College in Bronx, NY
Monroe College makes education affordable and accessible to working adult students by offering degrees at multiple campus locations and online programs in accelerated formats.
Founded in 1933, Monroe College is a private, for-profit institution with campuses in the Bronx, New Rochelle, Saint Lucia and extension sites in Queens. This university’s enrollment is just under 7,000 and offers 13 associate degree majors, 11 bachelor’s degree programs, six graduate programs and two certificates, all of which lead graduates into careers, not jobs. Students earned about $12,000,000 in scholarships and grants in 2013, and Monroe is regionally accredited by Middle States Commission.
In 2013, U.S. News & World Report named Monroe “New York’s least expensive private college,” and the school has a 78 percent student retention rate. The Monroe Advantage Plan offers students, 350 of whom are veterans, the opportunity to complete their degree program in just three years by participating in three semesters per academic year with nine weeks of vacation throughout the year. Monroe offers 16 online degree programs at the associate, bachelor’s and graduate levels, as well as programs like Flexible Adult Student Track (FAST), which allows students to complete their degrees in two accelerated formats.
18. Brescia University in Owensboro, KY
Brescia University is a great college for adult students with some of the best online degree programs.
Brescia University is a coeducational Catholic university that offers undergraduate and graduate course work for career preparation rooted in the liberal arts. The only Catholic university in Western Kentucky, Brescia has nine associate, 36 bachelor’s and four master’s degree programs, as well as 11 pre-professional programs and a post-baccalaureate program. Brescia is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.
Accredited Schools Online awarded Brescia “No. 1 Kentucky Online School” for 2015-2016 and Affordable Colleges ranked it No. 2. BUonline offers fully online general education courses, four associate degrees, seven bachelor’s degrees, three master’s degrees and one post-graduate certificate in accounting program. These online classes are designed so that working adults can earn their degrees with minimum disruption to other life commitments; many are available in an accelerated eight-week format.
17. University of Massachusetts Boston in Boston, MA
The University of Massachusetts Boston offers online courses, certificates, degree programs and professional development programs for older students.
University of Massachusetts Boston is nationally recognized as an urban public research university and is the third-largest campus in the five-campus University of Massachusetts system. UMB has over 17,000 students and 204 undergraduate, graduate and certificate programs, offered through its 11 colleges and schools. UMass Boston is accredited by the Commission on Institutions of Higher Education of the New England Association of Schools and Colleges, Inc.
Multiple sources like The Princeton Review and U.S. News & World Report have ranked UMass Boston among other top schools for its graduate degree programs, diversity, sustainability, research activity and military friendliness. Among the large number of certificate, undergraduate, graduate and professional degree programs, more than 35–most being master’s degrees–are available completely online. The College of Advancing and Professional Studies offers adult students online learning, evening, weekend, off-campus, summer and winter classes, degree and certificate programs, international programs, test preparation and professional training.
16. University of Houston – Downtown in Houston, TX
The University of Houston – Downtown offers flexible certificate programs, online degree completion and customized, on-site training for its adult students.
The University of Houston – Downtown is a four-year state university and one of four distinct institutions in the University of Houston System with a 20-acre campus and three off-campus locations. Off-campus instruction is available in the traditional in-person format, or students can take courses online, in a hybrid format and with live video instruction. UHD is accredited by the Southern Association of Colleges and Schools Commission on Colleges, and many of the programs at this university have additional area-specific accreditation.
Out of the 44 bachelor degree areas of study, UHD offers 15 online degree completion programs for students who have completed core coursework at another university or community college, as well as three graduate degrees. Having over 500 veterans currently pursuing a degree at UHD and a supportive Veterans Services department, the school is ranked among the top military friendly colleges in the nation. The Division of Continuing Education at UHD works to improve professional education, enhance career opportunities and offer customized training options through services like full certificate programs, short-term programs, on-site training and online and blended courses.
15. Fresno Pacific University in Fresno, CA
Fresno Pacific University is one of our top colleges for adult students because of the adult learner-specific programs and services offered.
Fresno Pacific University is an accredited Christian university founded in 1944 by the Pacific District Conference of Mennonite Brethren Churches. FPU serves about 3,500 traditional undergraduate, adult degree completion, graduate and seminary students at the main campus in Southeast Fresno and regional campuses in North Fresno, Visalia, Bakersfield and Merced. The five schools within the university together offer 39 undergraduate majors and more than 100 areas of study. FPU has the highest four-year graduation rate in the region and is accredited by the WASC Senior College and University Commission.
Fresno Pacific has an 80 percent student retention rate and a 13:1 student-faculty ratio. This university has an abundance of online learning options at the credential, certificate, baccalaureate and graduate levels. The online bachelor’s degree completion programs allow students to graduate within 18 months and the flexibility to work wherever they have internet access. Degree completion students can utilize the Prior Learning Assessment, which could turn previous learning experiences into college credits up to a maximum of 30 units. The Office of Continuing Education at Fresno offers a variety of courses, workshops, certificates and training for educators and other professionals, delivered through a combination of printed materials, texts and online distance learning.
14. Ursuline College in Pepper Pike, OH
The Ursuline College Adult Program offers accelerated degree programs with highly flexible schedule options, small class sizes and online options.
Founded in 1871, Ursuline College is a small, Roman Catholic liberal arts women’s college, the first in Ohio and one of the first in the nation. Ursuline has a female-dominated (93%) student enrollment of 1,175, and remains one of the most competitively priced private colleges in Ohio. It offers 32 undergraduate majors, 10 graduate programs, bridge programs for undergrads and online teaching license renewal classes. Ursuline receives accreditation from the Higher Learning Commission.
Some of the benefits of small colleges like Ursuline, which has a 6:1 student-faculty ratio, include smaller classes, one-on-one interactions with faculty and individualized programs. About 68 percent of Ursuline’s student population is considered nontraditional. The UC Adult Program (UCAP) is an accelerated bachelor degree completion program where students may choose from a variety of online, hybrid, evening and Saturday classes that meet only once per week for five-to 10-week sessions. According to the college, “UCAP classes are adult-oriented and taught in a discussion-driven environment, not the typical lecture/text format.” UCAP support services include tutoring, career counseling and FOCUS, a program for students with learning disabilities and ADHD.
13. University of Arkansas at Little Rock in Little Rock, AR
The University of Arkansas at Little Rock offers ample support services to non-traditional and military students.
University of Arkansas at Little Rock is a metropolitan public research university providing access to quality education through flexible learning and accredited programs. UALR’s enrollment was almost 12,000 for the Fall 2015-16 semester, and the student-faculty ratio is 14:1. This university awarded $17,439,452 in scholarships during the 2015-16 school year, and is accredited by the North Central Association of Colleges and Schools.
UALR has been designated a Military Friendly University six years in a row. It offers a ton of online degree programs and minors at all levels, including some that are available in an accelerated format. Through the school’s Student Experience Center, non-traditional students have access to a number of support programs, services, scholarships and an orientation designed just for them. The Non-Traditional Student Program (NTSP) is designed to help adult students reach their educational goals by helping them navigate the university and provide information, resources and opportunities. At the Office of Military Student Success, UALR faculty assist active duty military members, veterans and their families with anything from choosing a major to navigating the available VA programs.
12. Clayton State University in Morrow, GA
Clayton State University offers eCore, an online degree program that adult students can utilize to complete the first half of their baccalaureate career without having to step foot on a campus.
Clayton State University is a public university and a selective Senior Unit of the University System of Georgia, serving metro Atlanta. It is the only university in the U.S. adjacent to both state and national archives facilities, providing accessible consolidated resources and internship opportunities. The median student age is 29, and the student-faculty ratio is 18:1. The university is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.
The division of Continuing and Professional Education at Clayton offers non-credit professional online courses and the Career Resource Center, where students have access to free employment, training and education services, as well as assistance with financial aid planning. This university offers 13 online bachelor’s degree programs and two online master’s degrees. In addition to its traditional online learning, eCore is a program that offers the first two years of college core courses completely online. These are transferable to 31 institutions within the University System of Georgia and most other colleges. eCore students have access to an online tutor and a virtual library, as they would on campus. Clayton is considered a top Military Friendly college because of its helpful Veterans Resource Center.
11. Weber State University in Ogden, UT
For adult learners, Weber State University offers a multitude of flexible online programs, services like a discounted senior rate and an affordable tuition.
Weber State University is a coeducational, public university offering professional, liberal arts and technical certificates, as well as associate, bachelor’s and master’s degree programs. WSU offers a 21:1 student-to-faculty ratio, as well as eight different locations throughout the area. WSU has more than 225 certificate and degree programs and 11 graduate programs available It is accredited by the Northwest Commission on Colleges and Universities (NWCCU) and by other specialized agencies.
Through Weber State Online, older students looking for online learning can choose from four associate, six bachelor’s and two certificate programs that are fully-online, as well as hundreds of additional online classes. Those interested in this online learning are able to complete their classes on the traditional semester-based academic schedule, or they have the option to complete the classes via independent study, which allows students a random start date and up to six months to complete the class. Weber claims “some of the lowest tuition around,” and the school allows its out-of-state online students to pay the flat rate, instead of a higher tuition than those in-state. The Division of Continuing Education provides professional development training courses customized to the student’s business, a Law Enforcement Academy, open seat classes and a discounted senior pricing for university courses.
10. Oregon Institute of Technology in Klamath Falls, OR
Oregon Institute of Technology offers degree completion programs designed for registered professionals to earn an online bachelor’s degree in their career field.
The Oregon Institute of Technology is the only public polytechnic university established in the Northwestern U.S. With a total enrollment of about 5,200, OIT offers small class sizes and one-on-one interactions with faculty. OIT students have 42 degree options offered at four locations in Oregon and Washington, as well as online. OIT has received a number of awards and recognitions from U.S. News & World Report, Forbes, Military Times and more. This school has a 78 percent student retention rate and is accredited by the Northwest Commission on Colleges and Universities.
OIT offers just about any level of degree, certificate and program below the doctorate level that adult students can earn through online courses and degree completion programs. From an associate in polysomnographic technologies to an MS in allied health, nontraditional students have access to a variety of flexible and convenient online degree programs. Oregon Tech offers seven different master’s degree programs that align with the school’s undergraduate curriculum for easily accessible continued studies. The school has a number of ways to support military students and get veterans involved on campus, such as Veteran Action Committee, Outstanding Student Veteran Award and the Student Veterans Program.
9. University of Texas at Arlington in Arlington, TX
At the University of Texas at Arlington, working adult students are able earn a certificate, bachelor’s degree or a graduate degree completely online.
University of Texas at Arlington is a public research university that was recently cited by U.S. News & World Report as having the second-lowest average student debt among U.S. universities surveyed. UTA has a projected global enrollment of close to 57,000 and more than 180 bachelor’s, master’s and doctoral degrees in a broad range of disciplines. This university’s research efforts have earned it the classification as a “R-1: Doctoral Universities—High Research Activity” according to the Carnegie Foundation for the Advancement of Teaching. UTA is accredited by the Southern Association of Colleges and Schools Commission on Colleges.
UTA has been ranked as a leading institution by so many sources that we had to cap the school’s “recognition” points at five. Distance education courses and programs are available to those non-traditional students looking to earn a degree with the flexibility of online classes and a non-traditional schedule. The Center For Distance Education offers one certificate, three bachelor’s degrees and 15 master’s degree programs 100 percent online, with the exception of some clinical requirements for the nursing programs. The Veterans Assistance Center at UTA includes tutoring, mentoring, financial aid, assistance with GI Bill applications, assistance with completing college or a place to relax between classes. The Division for Enterprise Development offers training, services, certifications, online courses to help improve employability, enhance job skills and identify career pathways for its constituents.
8. Northeastern State University in Tahlequah, OK
Northeastern State University offers a variety of great programs for nontraditional students and a net cost below $10,000.
Northeastern State University is a public university at the foot of the Ozark Mountains with additional campuses in Muskogee, Broken Arrow and online. This university offers 54 undergraduate majors and 24 graduate degree programs in subjects from Cherokee cultural studies to cyber security. About 84 percent of undergraduate classes have fewer than 30 students, and only 18 percent of undergrads live on campus. The Higher Learning Commission of the North Central Association is the regional accrediting agency for NSUOK.
At Northeastern State, students are able to take online, blended or on-campus classes; seven bachelor’s degree majors, four graduate degrees and one certificate program are accessible completely online. Online advisors are available to help students earn their degrees while working a full-time job or balancing other life responsibilities. NSU is a member of the Southern Regional Education Board’s (SREB) Electronic Campus, and 41.8 percent of NSU students took at least one online course during Spring 2014. This campus has an active Veterans Services office, Continuing Education department and College of Extended Learning, which provides learning paths to complete adults’ educational pursuits like degree completion, a language and cultural center, continuing education and online degree programs.
7. Peirce College in Philadelphia, PA
Peirce College is known for providing accessible and flexible adult education.
Peirce College is a private, nonprofit four-year college with a mission to offer an affordable education with flexible classes and personal attention to today’s working adults. Peirce offers a variety of associate, bachelor and master degree programs, as well as certifications in medical coding and paralegal studies. Peirce College is accredited by the Middle States Commission on Higher Education.
About 76 percent of Peirce’s students are over 25. Best College Reviews included the school in its most recent ranking of “Best Colleges for nontraditional students.” Students learn from the same professors and earn the same degree whether they take classes on campus, online or a combination of both. In addition to the 11 undergraduate programs available online at Peirce, students have the choice of four degree options within the Peirce Fit program. The school describes this program as “a life-friendly way to earn a degree where you choose from week to week to attend class on campus or online.” Peirce Fit is unique to this college and its commitment to better serve working adult learners. The program is expected to expand across every course at Peirce. Another adult education-friendly program at Peirce is the Competency-based education (CBE), a new online, self-paced way to learn that uses students’ knowledge and prior experience to place them on the most direct path to completing a degree.
6. Granite State College in Concord, NH
At Granite State College, adult, military and veteran students are able to utilize prior work experience or training from any branch as credit recommendations.
Granite State College is one of the four institutions of New Hampshire’s public university system with a mission to provide accessible and flexible education to working adults. With 4,109 students enrolled, Granite State’s student-faculty ratio is just 12:1. Here, students can choose from five associate degree programs, 31 bachelor’s degree majors, 16 post-baccalaureate teacher certifications and six MS degree program majors. GSC has online courses, three different academic sites and five full-service regional campuses statewide. It is accredited by the Commission on Institutions of Higher Education of New England Association of Schools and Colleges, Inc.
About 70 percent of GSC’s student population is 25 years or older, and more than 77 percent are online students. All of the resources and support that this college has to offer are available and accessible to the students in any of its award-winning online degree programs. Every degree program at Granite is available online and approved for Tuition Assistance and GI Bill® benefits. Prior training from any military branch, work experience or knowledge gained in the field is transferrable as college credit toward graduation. The open admissions policy enables students to start at four times throughout the year and can complete their degree at their own pace.
5. University of Missouri–St. Louis in St. Louis, MO
The University of Missouri–St. Louis offers award-winning adult education with a low tuition.
The University of Missouri–St. Louis is the newest of four universities in the University of Missouri System and one of the most affordable colleges in the city. Although UMSL is the largest public research university in eastern Missouri, the school has a student-to-faculty ratio of 17:1 and a 75 percent first-year student retention rate. UMSL is accredited by the Higher Learning Commission of the North Central Association.
Of the numerous undergraduate degree programs at UMSL, 25 of the majors are available for continued education at the graduate level, and eight can be earned completely online. All online courses are delivered flexibly and have the same quality as those delivered on campus by award-winning faculty. Forbes has named UMSL one of “America’s Best Colleges”, and Washington Monthly ranked it among the publication’s “Best Bang for your Buck” universities in the nation. Online students can access Net Tutor, an online tutoring program that covers subjects like business, chemistry and economics, as well as an online writing center. Student Retention Services offers online workshops, and Military Times has ranked USML among their “Best for Vets” three years running.
4. University of Maryland University College in Adelphi, MD
A majority of students at the University of Maryland University College are working parents, over the age of 25, and veterans as well as active duty members stationed around the world.
The University of Maryland University College is a state university offering more than 90 degrees, specializations and certificates through online learning and 20+ campus locations in Maryland, Washington D.C. and Virginia. The median salary of bachelor’s degree recipients is more than $51,200, and more than half of the college’s students are parents. UMUC is accredited by the Middle States Commission on Higher Education, governed by the University System of Maryland Board of Regents and certified by the State Council of Higher Education for Virginia.
Over 80 percent of UMUC’s student population consists of working adults 25 or older, and Forbes ranked the school on its 2016 list of great colleges for adult students. At this university, active duty students are able to study and work toward their degrees on-site at military installations in over 20 countries and territories, the first of which was established back in 1949. The school’s online baccalaureate, graduate and doctoral students have access to open educational resources like electronic textbooks, websites, a social bookmarking platform, interactive exercises and more. Within 2016, UMUC has earned more than 10 awards and rankings from a variety sources.
3. Troy University in Troy, AL
Troy University offers a variety of adult education and military student programs, support and services, all at an affordable tuition and with accessible online classes.
Troy University is a comprehensive public university comprised of a network of campuses throughout Alabama and worldwide. This university has a large number of undergraduate and graduate program offerings in traditional, nontraditional and emerging electronic formats. In Fall 2015 Troy had an enrollment of 18,376 with the highest number of students in the 25-29 age bracket. It is accredited by the Southern Association of Colleges and Schools Commission on Colleges.
TROY for Troops centers, located on the Troy, Montgomery, Dothan and Phenix City, Alabama, campuses as well as a virtual TROY for Troops Center in Blackboard, supports military students’ academic and career success while providing a place for studying, Veterans Affairs counseling, camaraderie and more. Multiple sources like U.S. News & World Report have recognized Troy among their top colleges for military members because of the other various military-friendly programs available. Troy offers a long list of online degree programs at the undergraduate and graduate levels, and students have access to all resources of the university wherever they can get wifi. Within Continuing Education, students can access services and online courses from the Professional Development Institute, Professional Training and Consulting and Personal Enrichment.
2. University of Illinois at Springfield in Springfield, IL
The University of Illinois at Springfield offers small classes, ample online learning opportunities and other support programs that drive the adult education presence on campus.
University of Illinois at Springfield is a public university and one of three universities in the world-class U of I system. With an annual enrollment over 5,000, UIS has a 14:1 student-faculty ratio, and the average age of undergrads is 26. Through its six colleges, Business and Management, Education and Human Services, Liberal Arts and Sciences, Public Affairs and Administration, this university has 31 bachelor’s degrees, 20 master’s degrees, one doctoral program and 1,665 online majors. UIS is accredited by the Higher Learning Commission and the College of Business and Management is accredited by the AACSB.
UIS offers quality online degree programs that U.S. News & World Report has named among its top online programs for graduate education, bachelor’s degree programs and veterans. Students can choose from 12 online bachelor’s degree programs, 12 online graduate degree programs, nine online certification programs and 13 online graduate certificates. For adult students who want to start at a community college, UIS has Joint Agreements and 2+2 Agreements with 20+ local schools, allowing students the opportunity to begin working toward their UIS degree with a personal UIS advisor before getting to campus. The Career Development Center, Veterans Affairs, The Learning Hub, the Prior Learning Assessment and other support services are also helping drive the continual increase in enrolled adult students at UIS.
1. University of Alaska Fairbanks in Fairbanks, AK
The University of Alaska Fairbanks offers award-winning online degree programs and occupational courses all at a low net cost.
The University of Alaska Fairbanks enrolls more than 11,000 students with seven campuses across the state, and it has a student-faculty ratio of 12 to 1. The median student age is 25, and the top three majors for incoming students are general program/studies, biological sciences and petroleum engineering. UAF has nine total colleges and schools that offer 146 degrees and 31 certificates in 117 disciplines. UAF has 17 specialized accreditations, certifications and standards in addition to being accredited by the Northwest Commission on Colleges and Universities.
UAF offers online degree programs at the associate, bachelor’s, master’s and certificate levels. Online Occupational Endorsement programs are also available for careers like medical billing and coding, financial services representative and administrative assistant. U.S. News & World Report has ranked UAF among the top colleges in 2017 for the following lists: “Best Online Bachelor’s Programs,” “Best Online MBA Programs,” “Best Online Criminal Justice Programs (Graduate)” and “Best Online Education Programs (Graduate).” UAF offers award-winning military and veterans services, in addition to teacher certification courses, eLearning courses, career services and online advising.
National Center for Education Statistics and College Navigator
Best College Reviews
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Best of the Upstate
Weddings: Amy Elizabeth DeVore & Robert Scott Dameron
Weddings: Amy Elizabeth DeVore & Robert Scott Dameron; The bride is the daughter of the Doctors Karen Abele and William George DeVore of Spartanburg. She is the granddaughter of Mrs. Phyllis Ball Abele of Spartanburg and the late Dr. Donald...
Weddings: Amy Elizabeth DeVore & Robert Scott Dameron Weddings: Amy Elizabeth DeVore & Robert Scott Dameron; The bride is the daughter of the Doctors Karen Abele and William George DeVore of Spartanburg. She is the granddaughter of Mrs. Phyllis Ball Abele of Spartanburg and the late Dr. Donald... Check out this story on greenvilleonline.com: https://www.greenvilleonline.com/story/life/announcements/weddings/2019/06/16/weddings-amy-elizabeth-devore-robert-scott-dameron/39504851/
Reader Submitted, Greenville Published 4:54 a.m. ET June 16, 2019
Amy Elizabeth DeVore of Spartanburg and Robert Scott Dameron of Greenville were married June 15th at 7:00pm at The Carolina Country Club in Spartanburg. The Doctor Paul Petersen of Westminster Presbyterian Church officiated the ceremony, which was followed by a reception.
The bride is the daughter of the Doctors Karen Abele and William George DeVore of Spartanburg. She is the granddaughter of Mrs. Phyllis Ball Abele of Spartanburg and the late Dr. Donald Carlisle Abele of Augusta and the late Doctors Margaret Bowen and Robert Newton DeVore of Jackson. The bride received an undergraduate degree in accounting and a master's degree in professional accountancy from Clemson University and is employed by Bank of America.
The groom is the son of Mr. and Mrs. Mark Stephen Dameron of Greenville. He is the grandson of Mrs. Mary Gillespie Scott and the late Dr. John Riser Scott of Greenwood and Dr. and Mrs. Robert Allen Dameron, Jr. of Anderson. The groom graduated from Clemson University with a degree in Biological Sciences and is employed by Liles Construction.
The bride was escorted by her father and given in marriage by her parents. Ashley Morgan DeVore and Ansley Claire DeVore, the bride's sisters, served as maids of honor. Bridesmaids were Taylor Burnette Brantley, Beckam Dunbar Clayton, Sarah Hornsby Coombs, and Julia Lawson Taylor.
The groom's father and brother, Thomas Stephen Dameron, served as best men. Groomsmen were Andrew Bowen DeVore, the bride's brother, Henry Lakin Parr III, Brian Dooley Wessel, and Brandon Michael Wyatt.
After a wedding trip to Playa del Carmen, Mexico, the couple will reside in Charlotte, NC.
Read or Share this story: https://www.greenvilleonline.com/story/life/announcements/weddings/2019/06/16/weddings-amy-elizabeth-devore-robert-scott-dameron/39504851/
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THE SATURDAY MORNING GROOVE
DONNA ELLE’S DAY PARTY
Register for your chance to win tickets to Nashville Funk Fest!
THE TOM JOYNER MORNING SHOW
Tom Joyner earned the nickname “The Fly Jock” and “The Hardest Working Man in Radio” by working long hours and flying between his morning job (in Dallas, Texas) and afternoon job (in Chicago, Illinois) every weekday for eight years, collecting over 7 million frequent flyer miles.
The show is beamed into over 105 radio stations across the country each weekday. Over 8 million ears tune into the show from their favorite local radio station. It is very well known that Tom Joyner likes to have a good time. He says, “First we get people laughing, then we get ’em to listen. If you can get people to listen, then they begin to think, and that’s when they start making a difference”.
Tom takes radio to a whole new level. Never before have African Americans been able to wake up to such an upbeat, entertaining and positive show. His accomplishments have not gone un-noticed. Tom Joyner was elected into the Radio Hall of Fame. He has received Impact Magazine’s “Joe Loris Award” for Excellence in Broadcasting. He has received Billboard’s “Best Urban Contemporary Air Personality” award. Impact Magazine’s “Best DJ of the Year Award” was renamed “The Tom Joyner Award” because he received it so many times.
The Morning Show with co-hosts Sybil Wilkes, J. Anthony Brown and senior news analyst Roland Martin, also features “Inside Her Story” with Jacque Reid; political commentary from Stephanie Robinson and Jeff Johnson; and celebrity news with Jawn Murray, as well as comedic observations from D.L. Hughley and the Celebrity Snitch Huggy Lowdown. Joyner’s website, BlackAmericaWeb.com, has more than 1.5 million registered users and delivers news with exclusive reports from award winning journalists and unprecedented political coverage as well as interactive elements with on demand audio.
This native Chicagoan began her radio career in 1985 as a production assistant with WKQX-FM, Chicago. She eventually went on to news management and reporting jobs at WINK-AM/FM, Fort Myers, Florida; WRCC-FM, Cape Coral, Florida; and WCKZ-FM, Charlotte, North Carolina. In 1989 Wilkes joined WGCI-AM/FM, Chicago, as a talk show host. In 1990 she became a reporter for Chicago’s Shadow Traffic Network. While with Shadow, Wilkes delivered morning and afternoon drive traffic updates and worked as one of Tom Joyner’s WGCI-FM sidekicks.
NIGHT GROOVES WITH KEITH LANDECKER
DJ GROOVE MASTER
Today’s R&B
1. ROBIN THICKE - That's What Love Can Do 2. KIRK FRANKLIN - Love Theory 3. ELLA MAI - TRIP 4. JOHNNY GILL - Soul Of A Woman 5. MONICA - Commitment 6. NICOLE BUS - You 7. BEYONCE - Before I Let Go 8. LUCKY DAYE -Roll Some Mo 9. FANTASIA - Enough 10. BRUNO MARS & CARDI B - Please Me
BREWER MEDIA CONTEST RULES
WMPZ PUBLIC FILES
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Dollar Billionaires in Poor Countries: India’s “Philantrocapitalism”
By Colin Todhunter
Global Research, September 10, 2012
Region: Asia
Theme: Poverty & Social Inequality
In this time of global financial crisis, when so many are suffering financial hardship, most countries have witnessed increases in their number of dollar millionaires. These ‘High Net-Worth Individuals’ (HNWI), according to a report by Capgemini and Merrill Lynch Wealth Management, have in recent years more than doubled in India. In 2008-09, India had 84,000 HNWIs. By 2010, it had risen by 50 per cent (126,700), the biggest increase of all countries.
In the worldwide list of dollar billionaires for 2010, India ranked third with 69, behind China (128) and the US (403). Forbes states, however, that the wealthiest 100 Indians are collectively worth $276 billion, while their top 100 Chinese counterparts are worth $170 billion. The three richest Indians together had more wealth the top 24 Chinese billionaires combined.
You don’t have to look very far for evidence of their wealth, with more than 30 luxury skyscrapers springing up in Mumbai. For the rich occupants, the taller, the better, to escape from the reality of India below — the railway tracks, low-rise tenements, choking traffic and the 55 per cent of the city’s population who live in slums. People are paying nearly two million dollars for a designer apartment, built in complexes with private cinemas, swimming pools, floodlit tennis courts and high-level security. Developers believe each year Mumbai can absorb between 30,000 and 40,000 more homes in the one million dollar-plus category. (Another housing bubble in the making?)
Such extreme wealth doesn’t go unnoticed. In the UK, people are questioning the decision to keep giving India some $460 million of aid annually, which makes India the largest single recipient of British aid. Many ordinary Brits are asking if it can be right that the downtrodden British taxpayer gives such sums to a nation that boasts such wealth (albeit highly concentrated).
Siphoning off the country’s wealth
Some of the most damning comments about India come from French author Dominique Lapierre, whose book royalties from ‘City of Joy’ fund projects for the underprivileged in India. He is frustrated by the greed and corruption that he encounters.
Lapierre’s non profit organisation, City of Joy Aid, runs a network of clinics, schools, rehabilitation centres and hospital boats. It operates 14 projects in India, most in the Sunderbans area. However, 90 per cent of free medicines get stolen in the journey from Delhi to Kolkata, and the project is thus forced to buy them at high prices from the market.
A few years ago, Lapierre set up in Delhi a trust which offers a tax-deductible certificate for all donations. With more than a hint of disappointment, he notes the foundation still does not have any funds from affluent Indians who seem reluctant to help their fellow country-folk.
Quite the opposite, it seems. Much of India’s wealth has been creamed off into Swiss banks, robbing ordinary folk of a quality of life they can now only but dream of. According to some estimates, it could be over Rs 7,280,000 crore (around $1.6 trillion). Data from the Swiss Banking Association in 2006 indicated that India had more black money than the rest of the world combined, or 13 times India’s total national debt. Global Finance Integrity notes this siphoning of wealth has served to widen the gap between rich and poor and asserts the main guilty parties have been private organisations and High Net Worth Individuals.
By contrast, Global management and consulting firm Bain notes philanthropic donations amount to just 0.6 per cent of India’s GDP. This is not too good when compared to giving in the US and UK, for example, but is better than rates in other developing countries like Brazil and China. In the US, individuals and corporations are responsible for 75 per cent of charitable gifts, whereas in India individual and corporate donations make up only 10 per cent of charitable giving. Some 65 per cent comes from India’s central and state government, and the remaining gifts are provided by foreign organisations.
In India, giving does not rise with income and education. As a percentage of household income, donations by the wealthy actually decrease. From an analysis of 30 HNWIs in India, Bain noted that they contribute, on average, just around one-fourth of one per cent of their net worth to social and charitable causes.
All of this is not meant to imply that philanthropy is absent in India. Far from it. Vineet Nayyar’s Rs 30 crore gift (just under $7 million) to the Essel Social Welfare Foundation is a high-profile example of philanthropic giving. Over the years, Rohini Nilekani has donated $40 million to numerous causes that try to tackle the root causes of social problems and not merely the symptoms. Her biggest contribution has been to Arghyam, a Bangalore foundation that promotes clean water and hygiene, which now has projects in 800 villages. Philanthropy can and does positively impact people’s daily lives.
Philanthrocapitalism: a plaster on a gaping wound
What is really required, though, is a proper redistributive system of taxation, effective welfare provision and genuine economic democracy through forms of common ownership to help address inequality and poverty. In the absence of such things, wealthy philanthrocapitalists will have a major say in deciding which problems are addressed and how, and some will be highly selective.
For instance, critics of Bill Gates say his foundation often ends up favouring his commercial investments. Instead of paying taxes to the state coffers, he donates his profits where it is favourable to him economically, such as supporting GM crops in Africa or high tech patented medicines. ‘Giving’ often acts as a smokescreen for channeling funds into pet projects and ‘business as usual’, with rich corporations receiving money to shape the world in their own image and ultimately for their own benefit. Apparent benevolence can have sinister motives, just like certain governments which provide money in the form of ‘development aid’ that is intentionally used to fund actions that serve geo-political self interest and ultimately undermine the recipient state.
Philanthropy isn’t necessarily opposed to capitalism; it’s very much part of it. Capitalism is designed to ensure that the flow of wealth goes upwards and remains there via, among other things, the privatisation of public assets, deregulation of the financial sector, the use of subsidies and tax policies that favour the rich, the legal obligation to maximise shareholder profits and the consistent downward pressures on labour costs.
Professor Ha Joon Chang of Cambridge University says that economics isn’t a social science anymore, but adopts the role the Catholic Church played in medieval Europe. Essentially, economic neo liberalism is secular theology used to justify the prevailing system, with the hope that some drops of wealth will trickle down an extremely thin funnel to placate the mass of the population. Widening the funnel slightly by making benevolent donations will not address the underlying issues of a failed system.
For example, consider that one in four people in India is hungry and every second child is underweight and stunted. Environmentalist Vandana Shiva argues that hunger is a structural part of the design of the industrialised, globalised food system and of the design of capital-intensive, chemical-intensive monocultures of industrial agriculture. The long-term solution for hunger lies in moving away from and challenging the centralised, globalised food supply controlled by a handful of profiteering corporations.
This type of built-in structural inequality, whether it concerns hunger, poverty, housing, income or health, is part and parcel of a development process that is skewed by elite interests in India and at the World Bank and by the corporations that pull the strings at the World Trade Organisation, who have all succeeded in getting their ‘globalisation’ agenda accepted. No amount of philanthropy, regardless of how well meaning it may be, will remedy the overall destructive effects of the type of capitalism (and massive corruption) being embraced by India’s economic and political leaders.
Originally from the northwest of England, Colin Todhunter has spent many years in India. He has written extensively for the Bangalore-based Deccan Herald, New Indian Express and Morning Star (Britain). His articles have also appeared in many other newspapers, journals and books. His East by Northwest site is at: http://colintodhunter.blogspot.com
Copyright © Colin Todhunter, Global Research, 2012
Articles by: Colin Todhunter
Colin Todhunter is an extensively published independent writer and former social policy researcher. Originally from the UK, he has spent many years in India. His website is www.colintodhunter.com https://twitter.com/colin_todhunter
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Mother Agnes Mariam: Exposing the Syrian Chemical Hoax
By Mother Agnes Mariam and James Corbett
Theme: Terrorism, US NATO War Agenda
In-depth Report: SYRIA
Mother Agnes Mariam is a Carmelite nun who has been living and working in Syria for the past 19 years.
Now, she is seeking to set the record straight on the lies and disinformation that is driving the NATO powers toward war against the people of Syria.
UPDATE: Mother Agnes is currently giving a series of lectures in Canada. To learn more about where she will be speaking, please click here.
This is the GRTV Feature Interview with our special guest, Mother Agnes Mariam de la Croix. It was originally aired on August 28, 2013. The full transcript of this GRTV interview is provided below.
Mother Agnes Mariam de la Croix: I am not Syrian. I am, my father is Palestinian from Nazareth. He is a Palestinian refugee from 1948 in Lebanon. I was born in Lebanon. I converted to Christ at 19 years old and entered the — Contemplative Order. Then, in 1994, we became a Foundation in Syria, of a Monastery. This was in ruin, a 6th century Monastery lying in — 15 km north to the Damascus and after the completion of the restoration work, we established there an international community for dialogue, peace, openness to both Muslims and Jewish. So I am there, as I tell you, since 1994 and we were a Contemplative Monastery, completely out of the public scene, you know.
But during the event and the demonstration, we noticed a big, a huge difference between what we were living, what we were seeing, what we were experiencing on the ground and what others around us were living and the everyday, you know, everyday, because of the International Media, to the point that we felt it was a trick. Something was going wrong and this, you know, induced us, as a community. And as the head of this community, I was involved in getting better information and tried to spread this information for the sake of innocence. Because while the International Media were just talking about peaceful demonstration, a huge peace demonstration, and fueled the oppression, never giving the name of the victims in the background. You had death squads, working in the midst of the civilian population and making everyday out of terrorism. Because we are living on the ground, we can raise our voice. It’s not like, you know, coming from outside and being a stranger. This is what we do.
James Corbett: Well, let’s talk about this issue because, of course, getting accurate information is extremely difficult from Syria right now, especially as it seems we’re ramping up for another type of military action there and obviously everyone is wondering about the chemical-weapons attack that was alleged to take place last week on the outskirts of Damascus. What can your network tell us about what actually did or did not happen there?
Mother Agnes Mariam de la Croix: You know, it’s not the first time we can underline a kind of sweet —, a way of acting of the Syrian Government, because this is the way the mainstream media are always wanting to present this Government. Every time you have a very special agenda, a very special event that will occur either in the Security Council, United Nations Security Council or when you have a —, this poor Government will perpetrate something that will achieve him. So there is something that is not reasonable. Okay. And, on the other hand, we have been, you know. I work in Damascus and not very far, we were just nearby the hotel where the commission of enquiry for chemical-weapon had just arrived. So from this to the — Square and to Jobar (Jawbar), no more than 2 km. How is it possible, you know, for a chemical-weapon to be blown-up and not to have any smell, not to have anything. Second, everybody begin to ask this terrible question. How is it possible that in a neighbourhood like Jobar or like G , where you have a conflict — running on in the mountains?
It is, you know, in the frame of the big Damascus —, those neighbourhoods, you know, they barely have any Syrian. Why? Because they are destroyed. Okay. And, if they are not destroyed the civilian, especially with the beginning of the counter-attack of the army, because the army has counter-attacks, I think the 21st August or the 20th —, we don’t know why or how you have so many civilian in one place. Second, how is it possible in — and in such a, you know, frame, where families are suffered, barely you have a civilian living there, how is it possible that to have so many children together. This is, you know, scary, so did they deliver them? Why? And you see them all together. And we ask for an enquiry. Why? Because we want to know who gathered those children and who killed them. Okay. Second, we have heard in the same day, because it was before our eyes, more than 40 ambulances of the army coming out from those outskirts to the hospital in M. And we have been told that they were soldiers that were suffocated by the guards, by the chemical. So where is the truth? Okay. We call — And then, I will tell you something. Why this rapidity to issue an accusation immediately to enter in a war that will, you know. This war cannot chastise the Government or I don’t know who is the perpetrator. Let us — suppose.
But this war, as we have seen everywhere else, this humanitarian war or this chastisement, punishment war will punish innocent, you know, and this is not acceptable. And nobody is accepting it and as we are saying to the world, enough is enough. We don’t know why you are always orienting your strength and your power against the civilian, against the innocent. You say big title but, in reality, what you are doing on the ground is killing innocent. You know, it’s not just we want to defend a party against anybody. No! All of those people are human beings. But the innocent, those people who are not, you know, sided; that are not taking any side with anybody, just being there in Syria, what will you do with them. You will kill them. We have had how many injured people and killed people in our very past. We had 1 million in Iraq. We had 100’s of 1000’s in Libya and till today.
So what is the justification of such a mass murder, committed to punish we don’t know which perpetrator because how is it possible to issue accusation before a real compliant inquiry. This is against all the laws. You cannot and that’s what the Vatican is saying, that’s what all the spiritual, who are leaders of Syria, are saying, that’s what peace, nobel peace laureates are saying. But are we going to be heard? Because now this Coalition, they were 150 and we see that they are maybe 6 or 7 countries.
This Coalition, you know, what is the legitimacy of this action? And if there is no legitimacy, it means that every injury, every death that will occur from this invasion is a crime. And that’s why we call for reason, we call for de-escalation of this conflict, we call for the, you know, a kind of cease-fire but a real cease-fire. We have to talk to those first-hand, who were also attacking the enquiry because someone doesn’t want the truth of this chemical-attack will be, you know, really known and completely verified. So we call for 1) that the Commission of Enquiry on Syria will come to Syria, will make it’s enquiry, will observe. International Observer, we need International Observer so that the public opinion will be sure that it is not a trick, that it is not a hoax, that it is not a justification that entered in some kind of hidden —. Objective, aim, you know, whatever there could be as reason of — as right to defend our own interests, you know, or even right to protect. It’s not like this. We have to stand against such an act because it is not the first time they are trying it. And every time it fail. It didn’t give any added value to a turbulent situation.
So I am really serious and I will tell you something else and this is what is said in our neighbourhood. In our neighbourhood, there is no Government. We are under the armed opposition control. But the armed opposition is split in various sections. The Liberal one, that is called Free Syrian Army, normally this Free Syrian Army is supported by the Coalition, the International Coalition against the Syrian Government. But also and this is the part. The Free Syrian Army is telling us that in case of an American aggression, Al Qaeda, Jhabat al-Nusra and the Islamic State of Iraq and Lebanon will have the supremacy and will slaughter everybody.
And everybody in Syria, you know, is under this scare. It’s like in a scary movie, everybody is just wondering what will happen. Where is the United Nations? Where are all the principles on which our civilization is lying? Where are the principles, the laws of the international, humanitarian law? Where are we heading? Who is ruling us? There is no more International Community. We don’t have any hope in the United Nations, so there is no references, no! It means that the innocents are completely, you know, delivered without any defense to the occurrence of those powers, super powers. I think that we are entering in a barbarian era. It’s like another big invasion. It’s an invasion and we have nobody to defend us.
(Note: Missing Words Shown as — )
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Copyright © Mother Agnes Mariam and James Corbett, Global Research, 2013
Articles by: Mother Agnes Mariam and James Corbett
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One Developer Rises To Tallest Tower Challenge
BOSTON-Steve Belkin was the only developer to respond to Mayor Thomas Menino's challenge to build the city's tallest skyscraper. He proposes a 75-story, 1.3-million-sf tower on the site of a former garage.
By Beverly Ford | November 14, 2006 at 10:35 AM
NJEDA Launches Competitive OZ Grant Program
The State of New Jersey contains 169 Opportunity Zones, which span 75 municipalities across all 21 counties.
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You are at:Home»February»February 15»February 15, 1113: Who Were the Knights Hospitaller?
February 15, 1113: Who Were the Knights Hospitaller?
By Major Dan February 15, 2019 No Comments
On February 15, 1113, the reigning Pope of the Catholic Church, Pope Paschal II, issued a Papal Bull titled “Pie Postulatio Voluntatis,” recognizing the Order of Hospitallers, a military order of Catholic knights that had existed in the Holy Land since about 1099. The order had begun in Jerusalem during the 11th Century in service of an Amalfitan (established by people from the Italian city-state of Amalfi) hospital that was founded in Jerusalem to see to the medical needs of Christian pilgrims to the Holy Land, part of the Christian Crusades. Known more formally as The Order of Knights of the Hospital of Saint John of Jerusalem, the Hospitallers saw themselves as protectors of Christian pilgrims in a very dangerous land teeming with robbers and warring factions.
Once the Order was recognized by the Papal Charter, the knights were formally tasked with defending the Christian Holy Land against Muslim usurpers that would overturn Christian rule. The Order established their headquarters on the island of Rhodes, an island over which they held total sovereignty. The original mission of the Order did not last long, as the Christian rulers of Jerusalem were beaten by the Muslims in 1187 and the Knights were forced to move to the city of Tripoli (in what is now Lebanon, not the one in Libya). Once even this area had fallen to the Muslims, the Order established their headquarters on the island of Rhodes, an island over which they held total sovereignty which was taken by conquest. A previous attempt to establish its base on the island of Cyprus found the Knights enmeshed in politics and yearning for their own territory without interference from a parent government, which led to the invasion of Rhodes. While masters of Rhodes, the Order also absorbed a few other small islands in the area into their realm.
Grand Master Pierre d’Aubusson with senior knights, wearing the “Rhodian cross” on their habits. Dedicatory miniature in Gestorum Rhodie obsidionis commentarii (account of the Siege of Rhodes of 1480), BNF Lat 6067 fol. 3v, dated 1483/4.
In 1312, Pope Clement V disbanded the more famous Knights Templar, turning over a fair amount of the holding of the Templars to the Hospitallers. With these new territories and riches, the Hospitallers now had branches in 8 regions, called “Tongues” or “Langues,” including Aragon, Castile, France, Provence, England, Holy Roman Empire, Italy and Auvergne. Battles with the Barbary Pirates, Egypt, and especially the Ottomans (who had conquered the Byzantines and Constantinople by 1453) followed, as well as battles in the Holy Land in defense of remaining Christian enclaves.
Also called The Knights of Rhodes, the Hospitallers were granted the island of Malta in 1530, by the King of Spain, Charles I, who gave them Malta in his capacity as also being the King of Sicily. The Order was also granted a fiefdom over the North African city of Tripoli and the island of Gozo. The Hospitallers paid a tribute of one Maltese Falcon to the King for these lands. (Unlike the famous movie from 1941, this annual tribute was in the form of an actual bird of prey, a real falcon.) Also in return, the Knights promised to not turn their military power against the interests of Spain and its allies.
The Ottomans were upset that their nemeses, the Hospitallers, had landed a new base of operations, and launched an invasion of Malta in 1565 known as the Great Siege of Malta. About 40,000 Ottomans invaded Malta defended by only 6100 Knights Hospitaller (who were aided by another 3000 or so civilians), and over half the Knights were killed. Sicily failed to respond to assist the Knights, despite orders to do so from Spain, possibly in fear of leaving Sicily and Naples naked to Ottoman attack. The situation appeared hopeless, but as the Knights began to actually prevail, assistance from Sicily finally arrived as the Ottomans had been suffering from summer heat, diseases, lack of food and ammunition, and decreasing morale. By September of 1565, the surviving 15,000 Ottomans got on their ships and sailed back to Constantinople. Only 600 Knights Hospitaller remained, over 90% of their number had been killed, wounded or died. The Great Siege of Malta was the last time (probably) in history when a force of knights was victorious in a major battle.
By this time, that is, the 16th Century, there were no longer Christian Holy Lands for the Knights to protect. The Protestant Reformation in Europe and the Schism eliminated many sources of patrons of the Order. Looking for a new mission, a raison d’être if you will, the Hospitallers turned to the New World, and set about colonizing 4 small Caribbean islands in the name of the Order. Those islands were ceded to France by the 1660’s. The Knights turned to raiding Muslim ships as a source of income and a reason for existing, while some of the Knights went into the military service of the larger nations. Many of the Knights seem to have lost their way morally and lived a life of plunder and leisure.
Map by Fishal of the order’s territories in the Caribbean.
The Knights Hospitaller had found a stronghold on the island of Malta, and over the years had built up considerable defenses on the island. They ruled Malta for 268 years, until the French, led by Napoleon Bonaparte on his way to invading Egypt, invaded and seized Malta in 1798. The Knights were now dispersed throughout Europe, with no base or headquarters and had ceased to exist as an important entity. Many of the Knights found refuge in St. Petersburg, Russia, one of the few places to welcome their presence. The grateful Knights elected Czar Paul I (1754-1801) as their Grandmaster, though as a non-Catholic the Czar was not “officially” sanctioned by the Church. Pope Leo XIII restored a Catholic Grand Master to the order 1879, which gave the organization a new lease on life, this time as a charitable organization of religious and humanitarian pursuits. Meanwhile, the controversy over the legitimacy of the appointment of Czar Paul as Grandmaster gave rise to competing claims of the true leadership of the Order, and with it the “right” to claim the island of Malta.
Today the Order survives in the forms of several competing organizations, each of which claim to be the rightful heir to the title of the Knights Hospitaller. In 2013, the discovery of the ruins of the original hospital of the Amalfitans in Jerusalem was announced by the Israel Antiquities Authority. Measuring a whopping 150,000 square feet in area, the hospital served as many as 2000 patients at a time. Many of the children of patients, especially orphans, became Knights of Rhodes.
Israel Antiquities Authority storage room. Photograph by תמר הירדני.
Questions for Students (and others): Have you heard of the Knights Hospitallers? Do you believe military orders of knights have a place within a church structure? Are you familiar with The Crusades?
If you liked this article and would like to receive notification of new articles, please feel welcome to subscribe to History and Headlines by liking us on Facebook.
Your readership is much appreciated!
Historical Evidence
Asbridge, Thomas. The Crusades: The Authoritative History of the War for the Holy Land. Ecco, 2010.
[AMAZONPRODUCTS asin=”0060787287″]
Bedford, WKR. Malta And The Knights Hospitallers. Digital Text Publishing Company, 2011.
Bradford, Ernie. The Shield and the Sword: The Knights of St. John. Hodder and Stoughton, 1972.
Bradford, Ernie. The Great Siege, Malta 1565: Clash of Cultures: Christian Knights Defend Western Civilization Against the Moslem Tide. Open Road Media, 2014.
The featured image in this article, the flag of the Order of St John from http://www.orderofmalta.int/government/flags-emblems/ (original upload: en:Image:Flag of the Sovereign Military Order of Malta.svg) by Zscout370, has been released into the public domain by its author, Zscout370 at English Wikipedia. This applies worldwide.
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Bowdoin, James
Bowdoin, James (1726-1790) Governor of Massachusetts: Bowdoin graduated from Harvard College in 1745, was elected to the Massachusetts General Court eight years later, and was appointed to the Massachusetts council in 1757. When he served as a delegate to the Albany Congress of 1754, he supported Benjamin Franklin's plan for union. Although he was only a moderate proponent of the colonists' position in the 1760's, he openly supported them by 1768, and was associated with the Sons of Liberty. From 1775 to 1777, Bowdoin served on the executive council of the Massachusetts assembly, and presided over the provincial constitutional convention of 1779. Elected Governor of Massachusetts in 1785, he suppressed a 1786 insurrection of farmers in what was later called Shays' Rebellion.
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Fenimore Cooper
James Fenimore Cooper, noted American author, was born in Burlington, N.J., 15 September 1789 and served as midshipman in the Navy between 1 January 1808 and 6 May 1811. Resigning to devote himself to literature, he put his knowledge of the sea to good use not only in several of his novels, but also in his History of the Navy of the United States of America an excellent two-volume work published in 1839. Cooper died 14 September 1851.
(Sch: t. 95; a. 3 guns)
Fenimore Cooper, a schooner, was the New York pilot boat Skiddy until purchased by the Navy in January 1853. She was commissioned 21 March 1853, Master H. K. Stevens in command.
Fenimore Cooper was acquired for use as a tender for the Surveying Expedition to the Bering Strait, North Pacific, and China Seas commanded by Commander C. Ringgold, and later Lieutenant J. Rodgers. The expedition of five ships, led by Vincennes, sailed from Hampton Roads 11 June 1853 for the Cape of Good Hope and the Orient. Fenimore Cooper and two other ships charted archipelagoes and passages between Batavia and Singapore and from Java northward to the South China Sea until June 1854, when she rejoined the flagship at Hong Kong. Through that summer, the expedition cruised the coast of China, joining the East India Squadron in protecting American interests.
Returning to its surveys in September 1854, the squadron sailed northward to Petropavlovsk, where the ships separated. Vincennes penetrated the Arctic while Fenimore Cooper searched the Aleutians unsuccessfully for information concerning the fate of the men of whaler Monongahela, missing since 1853. Returning to the United States, Fenimore Cooper called at Sitka, Alaska, then Russian territory, in what her commanding officer believed to be the first visit ever paid by an American naval ship to that port.
Fenimore Cooper arrived in San Francisco 11 October 1855, and through the next 3 years, carried supplies between Mare Island Navy Yard and San Francisco. Once more assigned to survey duty, she sailed from San Francisco 26 September 1858 to chart the shipping lanes between the west coast and China. She made a thorough examination of numerous small islands and reefs in the vicinity of the Hawaiian Islands, and finding a deposit of good quality guano on French Frigate Shoals, took possession of them for the United States 4 January 1859.
The schooner sailed on to take soundings and make observations in the Marianas and the islands south of Japan. On 13 August she arrived in Kanagawa Bay off Yokohama, where on the 23d she was grounded during a severe typhoon. All her men and most of the stores, instruments, charts and records of survey were saved, but the ship was found not worthy of repair, and abandoned. Her commanding officer and many of her crew returned to the United States in the Japanese naval ship Candinmarrun&Mac245;a
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Trent Carter
There’s no doubt about it, it’s not easy to choose the best girls in the modeling world. But there are 10 women who stand out from the rest, like fashion model Melissa Giraldo, who you simply can’t help but take notice of. Let’s have a closer look at The 10 Most Successful Models Of 2017.
A post shared by Bar Refaeli (@barrefaeli) on Feb 7, 2016 at 7:07am PST
Super babe Bar Refaeli was the cover model of the 2009 Sports Illustrated Swimsuit Issue, and was voted #1 on Maxim Magazine’s Hot 100 List of 2012. She also dated Leonardo DiCaprio for a number of years, before the couple called it quits in 2011. Since 2013, Refaeli has been the host of The X Factor Israel.
A post shared by Candice Swanepoel (@angelcandices) on Mar 27, 2015 at 4:34am PDT
Candice Swanepoel is a South African model, best known for her work with Victoria’s Secret, including an appearance in the 2013 Victoria’s Secret Fashion Show where she walked the runway in the $10 Million “Fantasy Bra”. In 2014, Swanepoel was voted #1 in Maxim’s Hot 100 List. She is also among Forbes best-earning models.
A post shared by Kate Upton (@kateupton) on Aug 8, 2017 at 11:37am PDT
Kate Upton became a household name thanks to her appearances in Sports Illustrated Swimsuit Issues. She was named Rookie of the Year following her first appearance in 2011, and was the cover model for the 2012, 2013 and 2017 issues. She’s been a long-time favorite of ours, garnering more than a few features on here!
A post shared by Bianca Balti (@biancabalti) on Mar 11, 2017 at 6:04am PST
Bianca’s first notable advertising campaign was for Dolce and Gabbana, and she’s since appeared on most fashion magazine covers including Cosmopolitan, Marie Claire, Harper’s Bazaar, W and Vogue. You might recognize her from her campaigns with D and G, Anna Molinari and Valentino. She also appeared in the Victoria’s Secret Fashion Show in 2005.
A post shared by Adriana Lima (@adrianalima) on Nov 20, 2017 at 3:39pm PST
Brazilian model Adriana Lima is Victoria’s Secret’s longest-running model, walking her first Victoria’s Secret runway in 1999. She has served as one of their iconic Angels since 2000, and she has opened the show in 2003, 2007, 2008, 2010, and 2012. She’s also modeled for a number of notable fashion brands, and she’s one of the highest-paid models in the industry, for good reason. I mean, just look at her.
A post shared by Nina Agdal (@ninaagdal) on Apr 13, 2017 at 10:51pm PDT
Nina Agdal may be a newcomer to the modeling world, but modeling for her has been as simple as playing free slots real money thanks to her stunning good looks. She has modeled for Billabong, Victoria’s Secret, Adore Me, Bebe Stores and Calzedonia, and in 2014 she appeared on the 50th anniversary cover of the SI Swimsuit Issue with Chrissy Teigen and Lily Aldridge, which she regards as the “highlight” of her modeling career.
A post shared by Lara Stone (@lara_stone) on Dec 12, 2017 at 8:01am PST
She is a Dutch supermodel whose body, weight and teeth made her modeling career challenging, however she has been able to overcome it all. She is now like Russian model Polina Sitnova and other sexy lingerie models. This is why she also became the face of Calvin Klein underwear for a few seasons which were all successful. And just like model and singer Jessica Ashley, she is not new to posing nude for photo shoots.
A post shared by Rosie HW (@rosiehw) on Sep 1, 2017 at 8:26am PDT
Rosie Huntington-Whiteley is an English model, actress, designer, and businesswoman who’s best known for her work for lingerie retailer Victoria’s Secret, formerly being one of their brand “Angels”. She was also the face of Burberry’s 2011 brand fragrance “Burberry Body”, and moved into acting with roles in blockbusters such as Transformers: Dark of the Moon and Mad Max: Fury Road.
A post shared by irinashayk (@irinashayk) on Apr 17, 2017 at 9:49am PDT
Irina Shayk is a Russian model who received international recognition in 2007 when she became the face of Intimissimi lingerie. She has also appeared in the Sports Illustrated Swimsuit Issue and was also the first Russian model to grace its cover in 2011. Shayk made her acting debut alongside Dwayne Johnson in the 2014 film Hercules.
A post shared by Natalia Vodianova (@natasupernova) on Nov 7, 2017 at 9:45am PST
Natalia Vodianova is a Russian supermodel who is well-known for her eight-season, seven-figure contract with Calvin Klein. In 2012, she came in #3 on the Forbes top-earning models list, estimated to have earned $8.6 million in one year. Vodianova is currently ranked by models.com as one of the “New Supers” in the fashion industry, and we most definitely agree!
These stunning models definitely stood out from the rest in 2017, and we can’t wait to see what 2018 brings!
Related Topics:modelssupermodels
Emily Sears Brings The Heat In A Sizzling New Lingerie Campaign
Past Hotties Of The Week
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The Pressing Need for Customary Land Registration
Pictured is the Rokolo Clan of Irupara Village in the Central Province, the first ever recipients of a Customary Land Title issued in the province. Photo source: lands.gov.pg
Only about 5% of land in Papua New Guinea belongs to the State, the remaining 95% of the land therefore belongs to customary landowners across the country. With the increasing number of tangible developments around PNG, the percentage of State owned land is set to increase meaning a lot more customary land owners will eventually be dispossessed. In an article in the Post Courier in August this year, Barney Orere explains this issue and the steps to be taken to protect one’s interest in customary land.
Bringing You Up to Speed
Papua New Guineans have a very strong connection to the land which is the foundation of our many customary traditions and beliefs, even to this day the land customarily owned provides means of daily survival for those living in rural areas. Without getting too entangled in legal jargon, but in order to protect this interest, those bringing our country towards Independence ensured that our right to our land be protected in the Constitution. Hence, Section 53 of the Constitution provides that any possession or interest in any property cannot be acquired unless it is by agreement or by compulsory acquisition. Compulsorily acquisition only occurs where the land is needed for public purpose or for a reason that is reasonably justifiable in a democratic society.
To enter into agreement whilst using customary land as collateral, it must be done so through an Incorporated Land Group (ILG) the process being made available for by the Incorporated Land Groups Amendment Act 2009 and the Land Registration Amendment Act 2009.
Why Register Customary Land Groups?
The further the State develops infrastructure, there would be a larger need for land to be acquired for public purposes. “The aim is to give prominence to landowners so they can participate in Vision 2050 by leasing their land and benefit from royalties. In that way land lying idle is put to gainful use.
Land may only be acquired by the State, in accordance Section 53, where there has been just compensation paid for the land. The significant difference is that where land is compulsorily acquired, just compensation need only to be paid once. Where it is entered into by agreement, it means there has been discussions between the State and an ILG, where the ILG has leased the land to State for a certain period. When the period comes an end, the lease may be extended, meaning another payment is to be made to the ILG. The benefit of this as well is the flexibility in dealing with the land; it not only needs to be leased to the land, but corporations as well.
Eda Tano Haus, Department of Lands & Physical Planning Located between Aopi Centre and Lamana Hotel, Waigani Photo source: lands.gov.pg
How to Protect Your Land?
Orere explains that before the need for compulsory acquisition catches up to customary land owners, they must take the proactive step to register the clan and its ownership over the land. “First you must visit the Incorporated Land Group Division and after you’ve been issued a registration certificate over your customary land, the next stop is the Customary Land Registration Division – to facilitate your land title. The processes have been accommodated by the amendments to the law to help you, the customary landowner, to do this.”, Orere says. As a further measure of protection, customary land is owned by clans and cannot be sold by individuals. One must get consent from all members to engage in its registration and subsequent business dealings.
“Once your customary land is registered, you can use your title as collateral to enter into the gainful activity, either through business or with the State through leasing arrangement.”, Orere remarked. Therefore, the risk involved from entering into certain activity are the same as any other commercial transaction. A recent issue which became apparent was that agreements being entered into was not done voluntarily or with the consent of clan members which led declaring of all Special Agriculture Business Leases (SABL’s) illegal in March earlier this year. Further issues include the problems such as businesses taking advantage of the land an exploiting it for purposes unintended. In such cases, the Courts have been willing to intervene to nullify certain contracts and hold those responsible.
Should You Register Customary Land?
Simply put, yes. All customary landowners, whether apportionment large or small, should look to have their customarily owned land registered through an ILG because given the structure of our legal system, the State may acquire it despite objections. Director for the Customary Land Registration at the DLPP remarked “The momentum is slowly picking up to register customary land. People want to retain their bond with the land and through leasing arrangement benefit by making use of the land this way.”
The only way to ensure that an interest is kept in the land and the future generations of the clans can benefit from the land will be to register the land. Thus, although possession may be given up, royalties may continue to be acquired.
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Places to go and do in the northern region of the state
Register Star staff
Jun 29, 2007 at 12:01 AM Jun 29, 2007 at 1:58 AM
Holiday offerings in the northern region
You can watch outhouse races and parades, hear patriotic and other music, and watch fireworks dot the sky at Fourth of July celebrations throughout the next several days in the Rock River Valley. Here’s a listing of lots of activities, as well as what will be closed Wednesday, July 4.
37th annual Rockford Patriotic Celebration, 7:30 p.m. today, June 29, and Saturday, June 30, First Evangelical Free Church, 2223 N. Mulford Road, Rockford. The SummerWood series presents a live symphony orchestra and choir with a star-spangled salute to the armed forces. Freewill offering. 815-877-7046.
Rockford Symphony Orchestra ComEd Independence Day Spectacular, 6 p.m. for barbecue dinner, 8 p.m. for concert Tuesday, July 3, at Rock Valley College Bengt Sjostrom (Starlight) Theatre, 3301 N. Mulford Road, Rockford. $27, $26, students and seniors for concert, $15, $8 for younger than 12 for dinner. 815-921-2150.
OAS_AD('300x250_1'); 0 ) { document.write(''); document.write('Related News from the Web'); for( i = 0; i ' + topixcats[i].name + ' ' ); } document.write('Powered by Topix.net'); document.write(''); } //--> Music in the Park Patriotic Concert, 7:30 p.m. Tuesday, July 3, Sinnissippi Park Music Shell, 1401 N. Second St., Rockford. Free. 815-987-8800.
22nd annual Patriotic Prayer Breakfast, 8:30 a.m. Wednesday, July 4, Sinnissippi Park Music Shell, 1401 N. Second St., Rockford. Guest speaker is Lt. Col. Steve Russell (Ret.), music, free continental breakfast and T-shirt for first 1,000 attendees. Free. 815-654-1200, ext. 228.
Kaboom! 11 a.m. to 5 p.m. Wednesday, July 4, Discovery Center Museum, 711 N. Main St., Rockford. Delve into the chemistry and physics of July 4 celebrations. Arts, crafts and giveaways. Leave your car at Discovery Center for the evening parade and fireworks downtown. Included with museum admission. $5; $4 for ages 2 to 17. 815-963-6769, discoverycentermuseum.org.
MELD Fourth of July Classic Run/Walk, Wednesday, July 4, at Madison Street under Jefferson Street Bridge, Rockford; featuring an 8K run, 1-mile run and 1-mile fun run/walk. Registration forms available at the YMCA, Runner’s Image and the MELD office, or register at rockfordmeld.org. 7 a.m. for the 8K run; 7:05 a.m. for the 1 mile run; 8:15 a.m. for 1-mile run/walk. $25 run entry fee for 8K or 1-mile; $15 fun walk entry fee. 815-965-8336.
Rockford Fourth of July Parade, 7 p.m. Wednesday, July 4, beginning at Seventh Avenue and Sixth Street and continuing down State Street. Free. One of the features with the parade will include you and your canine joining in the parade with the Humane Society of Winnebago County. There will be a $10 donation per dog. Theme is Red, White and Blue. To reserve a spot in the parade, call Suzanne at 815-543-4014.
SkyConcert 2007, Wednesday, July 4, Davis Park, 320 S. Wyman St., Rockford; gates open at 5 p.m. with fireworks show starting at 9:30. $6 for entrance to Davis Park only where there will be games, food, face-painting and finals for the Rockford’s Idol singing contest. 815-965-0768, rockfordfireandice.com.
4 p.m. Sunday, July 1, Heritage Days Parade from Logan Avenue down State Street, free; 6 p.m. Duck Derby on the Kishwaukee River at Main Street bridge, $5 a duck; fireworks at dusk set off near downtown, free. 815-597-1530.
If you’d like to feature your motorcycle before and during the parade, register now with Brian Minick of the Gold Wing Road Riders Association, minick1@mchsi.com or ffb66@juno.com. On Sunday, meet between 2:15 and 2:30 p.m. at Dream Homes USA, 1000 Chrysler Drive.
1 p.m. parade Wednesday, July 4, along East State Street; fireworks at dusk at Baumann Park, 300 S. Walnut St. Free. 815-332-3441.
7 p.m. today, June 29, street concert with Amy Dalley, $15, $10 in advance; Saturday, June 30, includes go-kart racing around the town square and a carnival, 7 p.m. street concert with Caroline’s Spine “Acoustic” and Crooked X ($15, $10 in advance); Sunday, July 1, includes pancake breakfast, 1:30 p.m. parades, 4 p.m. outhouse races; Wednesday, July 4, includes chicken barbecue, antique tractor pulls and 9 p.m. fireworks at the Durand School grounds. 815-248-4445, durandevents.com
Includes carnival, 7 p.m. queen contest Tuesday, July 3; 11 a.m. parade on Main Street, 2 p.m. Fire Department water fights, 5 to 8 p.m. JD Brown and Blooze Brothers bands Wednesday, July 3; 5 p.m. square dance demonstration and 7 p.m. Picture This classic rock Friday, July 6; 5 p.m. Hi-Infidelity classic rock and 9:30 p.m. fireworks at baseball diamond off Hortense Street Saturday, July 7. Bands and carnival at Franklin Township Park, 200 Park St. Call 815-522-3589 for costs, information.
Car racing at 7:07 p.m. and fireworks at dusk Tuesday, July 3, and Wednesday, July 4, at Rockford Speedway, 9572 Forest Hills Road. $12, $10; $6, $5 for ages 6 to 11. 815-633-1500.
Fireworks at dusk Wednesday, July 4, by Rockford Country Club across the Rock River (may be viewed from Shorewood Park, East and Evelyn avenues). Ski Broncs Water Ski Team performs at 6:15 p.m. Free. 815-243-5128.
Let Freedom Ring Celebration, Saturday, June 30, to Wednesday, July 4, various locations mostly in downtown Mount Morris, including: 9 p.m. Saturday, June 30, alumni dance at Moose Lodge; 7 p.m. Sunday, July 1, Jim Wolber & the Boys, band shell; 7 p.m. Monday, July 2, queen coronation in band shell; 7 p.m. Tuesday, July 3, patriotic concert, band shell; 11:30 a.m. Wednesday, July 4, motorcycle parade, 2 p.m. grand parade down Brayton Road, 9 p.m. fireworks at the junior high. Free. 815-734-6425
Old Settler’s Days runs July 5 to 8, with noon parade Saturday, July 7, starting at Hononegah High School; at Settler’s Park in the 300 block of East Main Street events include carnival, food and musical entertainment by Southern Heritage on Thursday, Cat Fight on Friday, Mike and Joe on Saturday, and The West Side Andy and Mel Ford Band on Sunday; fireworks at 9:30 p.m. Sunday, July 8. Cost is $3 through July 4; $5 at the gate, free for 12 and younger. No additional charge for musical entertainment. 815-624-6839, oldsettlersdays.com.
Shirland
Free activities all day Wednesday, July 4: Fun run with registration at 6:30 a.m. and starting at 7 (or call Marianne Eshleman at 815-629-9657 to register in advance); 6:30 a.m. breakfast (freewill offering) at Shirland United Methodist Church, 8020 North St.; 10 a.m. parade; all-day games, canine demonstrations, cooking demonstrations and bazaar; and fireworks at dusk, all at Shirland School, 8020 North St. 815-629-2075.
All activities at Winnebago middle and high schools and include 7 p.m. Prime Time Live and 8:40 p.m. pie-eating contest Tuesday, July 3; 1 to 4 p.m. Moondogs, 5 to 9 p.m. Juelane & Gid-E-Up (right), 9:15 fireworks Wednesday, July 4. Activities are free. 815-335-2020.
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CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. 70% of retail investor accounts lose money when trading CFDs with this provider. You should consider whether you understand how CFDs, FX or any of our other products work and whether you can afford to take the high risk of losing your money. Losses can exceed deposits on some products.
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China's yuan maintains its stranglehold on gold
Ole Hansen
Head of Commodity Strategy, Saxo Bank Group
The uncertainty surrounding the ongoing trade war between the US and China has been driving the price of gold lower, instead of higher, as would normally be the case in times of heightened geopolitical risk. This is due to the close correlation between gold and the Chinese yuan which has remained firm in recent months. The Chinese government has allowed the Chinese currency to weaken in order to offset the drag on Chinese growth caused by US tariffs on billions of dollars worth of goods. Furthermore, mounting signs of a renewed round of monetary easing has also been weighing on the currency. Especially following Monday’s announcement of tax cuts and infrastructure projects and after the PBoC on Wednesday said that a capital requirement for some banks would be eased in order to support lending.
From their recent respective peaks back in April, the yuan is down by 8% while gold has lost 9.3%. Most of the relatively worse performance seen in gold has occurred during the past week as the market prepares for what is expected to be a very strong US Q2 growth number on Friday.
Gold has once again managed to find support ahead of $1,200/oz, an area which has provided support in the past and which represents a 50% retracement of the $329/oz rally seen between December 2015 and July 2016. For this level to hold, however, it is clear that the dollar appreciation needs to pause or reverse, especially against the yuan as highlighted above.
Source: Saxo Bank
In the week to July 17, gold’s continued slump to a one-year low helped trigger another spate of heavy short-selling by funds. The net-short reached 22,000 lots, just shy of the 24,000 lots record seen in December 2015. Back then this bearish view was reached just before the first US rate hike signalled a low point from where gold rallied strongly. The current gross-short of 132,000 lots has never been seen bigger and it has left gold in a much better position to react to price-friendly news.
First up, however, we have today’s European Central Bank meeting which will be followed by Friday’s US Q2 GDP data. Any surprise from these announcement may cause some short-term volatility but overall, the focus remains firmly on the trade dispute between the US and China and its impact on the yuan.
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The weekly Commitments of Traders (CoT) reports covering the week to July 9. The summary below highlights the major changes that occurred in commodities, forex, bonds and stocks. Please find the attached PDF’s for additional information.
Crude oil trades higher on stock drop and Iran
WTI crude oil trades up by 2% ahead of the “Weekly Petroleum Status Report” from the US Energy Information Administration.
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Researchers to Take Advantage of DOE’s Advanced Supercomputers
WASHINGTON, June 19, 2019 — The U.S. Department of Energy announced today that it will invest $32 million over the next four years to accelerate the design of new materials through use of supercomputers.
Seven projects will be supported, three led by teams at DOE National Laboratories and four by Universities. The teams are led by Argonne National Laboratory (ANL), Brookhaven National Laboratory (BNL) and Lawrence Livermore National Laboratory (LLNL) as well as the University of Illinois, the Pennsylvania State University, the University of Texas and the University of Southern California.
Comscope is one of seven projects funded by the U.S. Department of Energy to accelerate the design of new materials through advanced computation. Image courtesy of Brookhaven National Laboratory (BNL).
These projects will develop widely applicable open source software utilizing DOE’s current leadership class and future exascale computing facilities. The goal is to provide the software platforms and data for the design of new functional materials with a broad range of applications, including alternative and renewable energy, electronics, data storage and materials for quantum information science.
The new awards are part of DOE’s Computational Materials Sciences (CMS) program, begun in 2015 to reflect the enormous recent growth in computing power and the increasing capability of high-performance computers to model and simulate the behavior of matter at the atomic and molecular scales.
“High performance computing has become an increasingly powerful tool of scientific discovery and technological innovation, and our capabilities continue to grow,” said Under Secretary for Science Paul Dabbar. “These projects will harness America’s leadership in supercomputing to deliver a new generation of materials for energy and a wide range of other applications.”
Researchers are expected to make use of current generation petaflop supercomputers and prepare for next-generation exaflop machines scheduled for deployment in the early 2020s. Current machines include the 200-petaflop Summit computer at the Oak Ridge Leadership Computing Facility (OLCF), the 11-petaflop Theta computer at the Argonne Leadership Computing Facility (ALCF), and the 30-petaflop Cori machine at the National Energy Research Scientific Computing center (NERSC) at Lawrence Berkeley National Laboratory (LBNL). OLCF, ALCF, and NERSC are all DOE Office of Science user facilities. A petaflop is a million-billion floating-point operations per second. An exaflop is a billion-billion calculations.
Research will combine theory and software development with experimental validation, drawing on the resources of multiple DOE Office of Science user facilities, including the Advanced Light Source at LBNL, the Advanced Photon Source at ANL, the Spallation Neutron Source at Oak Ridge National Laboratory, the Linac Coherent Light Source at SLAC National Accelerator Facility and several of the five Nanoscale Science Research Centers across the DOE national laboratory complex.
Funding for the new projects will total $8 million in Fiscal Year 2019. Subsequent annual funding will be contingent on available appropriations and project performance.
Projects were chosen by competitive peer review under a DOE Funding Opportunity Announcement for Computational Materials Sciences. The CMS program is managed by the Department’s Office of Science through its Office of Basic Energy Sciences. Projects announced today are selections for negotiation of financial award. The final details for each project award are subject to final grant and contract negotiations between DOE and the awardees. A list of awards can be found here.
Source: Brookhaven National Laboratory
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Hantavirus From 'Hoarding: Buried Alive' Home: Woman May Have Contracted Virus While Cleaning Houston House
09/10/2012 12:17pm EDT
A Houston home that was being prepared for an episode of the TLC show "Hoarding: Buried Alive" is now being quarantined, after a woman cleaning the home contracted what is believed to be hantavirus, according to news reports.
Hantavirus is already in the news for killing three visitors to Yosemite National Park earlier this summer. The virus is carried by rodents and spread to humans via droppings and urine, and can cause the potentially fatal hantavirus pulmonary syndrome, according to the Centers for Disease Control and Prevention. People can contract hantavirus by breathing air that has been contaminated by the virus-ridden droppings and urine, though it's not transmissible between humans.
Good Morning America reported that the woman who was cleaning the home, located in The Woodlands part of Houston, tested positive for hantavirus, but a second test is needed to confirm it. She was hospitalized after contracting the illness.
"This particular area, it's an extreme case of rodent infestation. There's evidence of rodents, mice, snakes, possums in and around the home, which is not unusual in a hoarding situation because there's so much material," Montgomery County Health Department's Dr. Mark Escott told MyFoxHouston. "It's impossible to keep it clean and track the rodent population."
Currently, a sheriff's deputy is stationed outside of the home, the Houston Chronicle reported. A state laboratory is now testing samples from the home; if it does come back positive for hantavirus, then the state health department and, potentially, the CDC, will get involved.
KHOU.com reported that 29 other people have also been warned about the potential hantavirus risk, as they were also involved in cleaning up the home.
"If there were rodents in this home that potentially had hantavirus that means there are others in the community that are likely carrying the disease," Escott told ABC 13.
For more, watch the video from KHOU.com above.
healthy livingVideo
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1981-86 Human Rights Commission Occasional Papers
Saturday 18 May, 2013
These papers have been added to this site for research and historical purposes.
Australia's first federal Human Rights Commission was established by the Fraser Government under the Human Rights Commission Act 1981. The first Commission was replaced by the Human Rights and Equal Opportunity Commission (now renamed as the Australian Human Rights Commission) in December 1986. The first Commission was a distinct statutory body from the current Commission. It should not be assumed that the present Commission necessarily endorses views expressed by or on behalf of the first Commission in every respect. Further, the papers below were prepared for, rather than by, the first Commission.
See also Discussion Papers and Reports
Occasional Paper No. 1: Incitement to Racial Hatred: Issues and Analysis (Word) or PDF (October 1982)
Occasional Paper No. 2: Incitement to racial hatred: the international experience (Word) or PDF (October 1982)
Occasional Paper No. 3: Words that wound: proceedings of the Conference on Freedom of Expression and Racist Propaganda (Word) or PDF (February 1983)
Occasional Paper No. 4: Compendium of human rights courses in Australian tertiary institutions (Word) or PDF (August 1983)
Occasional Paper No. 5: Aboriginal reserves bylaws and human rights (Word) or PDF (October 1983)
Occasional Paper No. 6: The teaching of human rights (Word) or PDF (August 1984)
Occasional Paper No. 7: Epilepsy and human rights (Word) or PDF (October 1984)
Occasional Paper No. 8: The right of peaceful assembly in the A.C.T (Word) or PDF (February 1985)
Occasional Paper No. 9 : Teaching, enacting and sticking up for human rights (Word) or PDF (March 1985)
Occasional Paper No.10: Legal and ethical aspects of the management of newborns with severe disabilities (Word) or PDF (August 1985)
Occasional Paper No.11: The treatment of disabled persons in social security and taxation law. (Word) or PDF (January 1986)
Occasional Paper No.12: A Study of Human Rights and Commonwealth Prisoners (Word) or PDF (September 1986)
Occasional Paper No.13: Getting a fair go: case studies of occupational socialisation and perceptions of discrimination in a sample of seven Melbourne high schools (Word) or PDF (August 1986)
Occasional Paper No.14: The Right of Peaceful Protest Seminar: Papers (November 1986)
Occasional Paper no.15: Conciliation under the Racial Discrimination Act 1975; A study in theory and practice (Word) or PDF (November 1986)
Ethical and Legal Issues in Guardianship Options for Intellectually Disadvantaged People (Word) or PDF (1986)
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Benitez Insists He Has Positive Relationship With Abramovich
Rafa Benitez says he will definitely stay at Chelsea until the summer, and has a good relationship with Roman Abramovich
By Vanessa Keller
March 1, 2013 12:00 GMT
Rafa Benitez clarified his situation at Chelsea by insisting he will stay at the club until the end of the season while also revealing that he had a positive relationship with Roman Abramovich.
Benitez launched into a sensational tirade after the Blues defeated Middlesbrough in the FA Cup to reach the quarter finals, claiming he shouldn't have been given the 'interim' tag and that the fans have contributed to the side's disappointing season.
While Chelsea have a good chance of progressing in the Cup competition, they are now out of the Champions League and have lost third place in the table to Tottenham. But Benitez believes he will still be in charge until the end of the season, with the players on his side to achieve the best they can.
"My relationship with Roman is very good," he told BBC Sport.
Rafa Benitez says he will be at Chelsea until the end of the season.
When asked if he would be sacked, he said: "No. They know how we work and what we are trying to do.
"The players are really happy in what we are trying to do. Sometimes you win, sometimes you cannot.
"The atmosphere in the club is really good. There are no issues in the team. In terms of what we do, the players are fully behind the methods."
On the fans' actions at the games, which have included multiple protests against Benitez, he said: "If we stick together and support the players we will be able to win games. Then at the end of the season I will leave and then they can criticise."
Just four points separate Tottenham, Chelsea and Arsenal in third, fourth and fifth places in the table, and the race for a Champions League spot will no doubt be as tight for the London clubs as it was last season.
With that in mind, the Blues will need to take advantage of every opportunity, with Europa League games to keep in mind as well as an upcoming match with title leaders Manchester United in 10 days.
Related topics : Manchester United FC London
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Jónína Leósdóttir
Author, Playwright
Jónína Leósdóttir is an award-winning Icelandic author and playwright. She began her career as a journalist and later editor at a weekly newspaper and then became assistant editor of a women’s magazine.
Jónína has been a full-time writer since 2006 and has published 13 books. Her most recent work is a novel called Bara ef… (If only…) published in Iceland in October 2014 – soon to be published in Germany, too. Among the awards Jónína has received for her work is a national poetry award, Ljóðstafur Jóns úr Vör, and the IBBY Iceland Award for her novels for young adults.
Jónína Leósdóttir lives in Reykjavík with her wife, Jóhanna Sigurðardóttir, the former Prime Minister of Iceland. They have three grown sons, from earlier marriages, and seven grandchildren.
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Election 2018, Elections, News, Top News
Spending in governor’s primaries topped $11.4 million
The final numbers are in, and the price tag for the high-stakes Idaho gubernatorial primary came in at more than $11.4 million.
The five major Republican and Democratic candidates raised an additional $1 million during a filing period that ended May 25 — 10 days after the party primaries. That’s on top of the $10.4 million the candidates raised through late April.
But collectively, the candidates spent the money about as quickly as it came in, leaving the parties’ candidates with relatively depleted bank accounts as the race shifts to the general election. Democratic nominee Paulette Jordan starts the race to November at a financial advantage. She has $139,000 in hand. The GOP’s nominee, Lt. Gov. Brad Little has about $61,000 in hand.
Thursday was deadline day for candidates, whether they won in the May 15 primaries or not. Post-primary sunshine reports were due at the end of the day, and the secretary of state’s office posted reports from the major gubernatorial candidates late Thursday afternoon.
Here are the highlights from the homestretch in the gubernatorial race:
Little: Raised $195,000, spent $621,000.
A large — and perhaps surprising — donation came the day of the primary. The Political Action Committee for Education, the PAC representing the Idaho Education Association, gave Little the maximum $5,000 for his primary run. The PAC often supports Democratic nominees — such as Cindy Wilson, the Democrat opposing GOP state superintendent Sherri Ybarra — but it does not exclusively support Democrats.
Budgets, salaries, grad rates: See data relating to Idaho public schools »
Among other donations with education connections, Little received $300 from Marilyn Whitney, retiring Gov. Butch Otter’s aide on education topics, and $250 from Pete Koehler, Ybarra’s retiring chief deputy.
Jordan: Raised $160,000, spent $85,000.
Many of the former state representative’s largest donations came from Indian tribes in Washington, Florida and California. Jordan, a member of the Coeur d’Alene Indian Tribe, is hoping to become the nation’s first Native American governor. She has already received backing from several Idaho tribes, including the Coeur d’Alene tribe, which gave her $5,000 earlier in the campaign.
Another late $5,000 donation came from Jonathan Soros, the son of prominent political donor George Soros.
Raul Labrador, Republican: Raised $69,000, spent $259,000.
Labrador — who gave up a seat in Congress to run for Idaho’s highest office — received several donations from conservative legislators. He also received $500 from Judy Mortimer, the wife of Senate Education Committee Chairman Dean Mortimer, R-Idaho Falls.
Labrador also received support from Garry Lough, an Idaho representative for Education Networks of America, one vendor on the ill-fated Idaho Education Network broadband contract.
Another sidelight: Labrador received a late $3,500 donation from the Coeur d’Alene Indian Tribe.
Tommy Ahlquist, Republican: Raised $582,000, spent $644,000.
The Boise developer and physician infused $550,000 into his campaign, on top of the $1.9 million he had previously put into his campaign.
A.J. Balukoff, Democrat: Raised $31,000, spent $432,000.
The businessman and longtime Boise School Board member put a late $8,960 in-kind donation into his race.
Like Ahlquist, Balukoff had largely self-financed his run for the Statehouse, to the tune of more than $2 million.
Little won the hotly contested GOP primary with 37 percent of the vote. Jordan won on the Democratic side of the ticket with a 58 percent majority.
State superintendent’s race
As Wilson looks to unseat Ybarra, she starts the general election campaign with close to $37,000 in hand.
That isn’t a big sum of money — especially in the context of this year’s gubernatorial race. But it could give the retired high school government teacher a financial edge heading into the fall election.
By way of context, Ybarra, a political newcomer in 2014, spent less than $40,000 en route to victory in a four-way GOP primary and a tight general election.
Ybarra’s current fundraising status is unclear; as of Thursday evening, no up-to-date report was available on the secretary of state’s website.
After announcing her run in February, Wilson promptly outraised the field in the runup to the primaries. In her latest financial report, released Thursday, she reported raising an additional $19,000.
Wilson’s most recent donors include former House Minority Leader John Rusche, a Lewiston Democrat who is seeking to return to the Legislature this year, and Robin Nettinga, the retired executive director of the Idaho Education Association. Her largest single donation came from Anne Voilleque of Idaho Falls, who gave Wilson the maximum $5,000 donation.
Wilson spent less than $5,500 in the closing days of the primary election. She easily defeated Boise retiree Allen Humble, who ran a shoestring self-financed campaign. Wilson sailed to an easy primary victory, capturing 86 percent of the vote and carrying all 44 counties in Idaho.
Ybarra’s GOP primary challenger, Wilder School District superintendent Jeff Dillon, closed the books on his run Thursday. He reported raising only $250 in the waning days of the race — including $75 from Darrell Bolz, a former legislator from Caldwell — and spending slightly more than $400.
Ybarra won the GOP primary with nearly 59 percent of the vote, scoring a near sweep across the state. Dillon carried only Benewah and Latah counties.
Election 2018, News
Wilson outraised Ybarra in superintendent’s race
More than $425,000 in third-party spending backed the Democratic candidate’s unsuccessful run.
CWI to seek recount on building levy
The $39 million proposal fell 144 votes shy of passage, out of nearly 232,000 votes cast.
Teton, Moscow pass school levies
In Aberdeen, a 10-year plant facilities levy fell short of the required two-thirds supermajority.
Election 2018, News, Top News
Election 2018: What happened, and what it means for 2019 and beyond
Elections have consequences. And implications. Let’s spin Tuesday night’s election results forward.
Election 2018, Gubernatorial Race, News
Little wins Idaho’s governor race
In other news, the College of Western Idaho’s levy failed as did bond measures in Middleton.
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TITLE KNOCKBACK
February 7, 2014 · isport
Barcelona’s loss in their last La Liga match against Valencia has pushed them back in the title race, but, one of their senior players Javier Mascherano is still very confident and he reckons that the title has not gone out of his team’s hands.
If technically seen, the Argentinean defender is not wrong as there are still more than 15 games to go in the league. So, there is enough time left for things to turn around. But, the kind of form the other title contenders are in at the moment, this defeat might prove to be very costly for Barcelona.
Barcelona went into the game against Valencia with all cylinders firing. They took the lead in the 7th minute courtesy Alex Sanchez. They managed to keep up that lead throughout the first half and it seemed as if it would be another easy win for the defending champions, but, the second half started in a dramatic fashion. The visitors found the net twice within 3 minutes and got ahead by 2-1 to silence the huge number of home fans who had gathered there.
However, it didn’t take Barcelona too much time to level up as Lionel Messi converted a penalty successfully in the 54th minute, but, just 5 minutes later, the hosts were trailed again and the man who had done the damage for them this time around was Paco Alcacer. The 20 years old forward placed his sweep shot to perfection and stunned everybody.
Barcelona couldn’t equalize thereafter and ended up suffering their second defeat in the tournament.
Talking to the reporters after the match, Mascherano said, “It’s not ideal to get beaten in home games. We need to make sure that such thing doesn’t happen again in the rest of the season.”
“It’s very much possible for us to bounce back as there is no lack of time, but, we can’t afford any more mistakes.”
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Vijay Neti,
Associate Vice President and Client Partner — Retail, CPG, and Logistics
Ubiquitous and Cognitive AI will Redefine our Everyday Experiences
Enterprises are using Artificial Intelligence (AI) to craft solutions that make smart decisions, amplify human creativity, complete high-precision operations, optimize costs, and much more. This article explores what AI is doing for the world, and how it will transform the future.
Is artificial intelligence (AI) finally ready for prime time? I don’t see a day go by where I don’t hear of AI and its profound impact — part beneficial and part detrimental — to humans. To be sure, AI isn’t new — ask anyone who has flown an airplane if they have turned on the ‘autopilot’ function during long flights. As it exists today, AI detects patterns and guides enterprises in making optimal decisions for workers, management, and shareholders alike.
I like to think of AI as the result of a knowledge worker’s relentless pursuit of automating mundane tasks, exponentially improving productivity, and capturing and disseminating knowledge effectively, such that machines can amplify the worker’s creativity and sustain competitiveness. Competition is key here. In the Knowledge Economy, we live in a global village where practically everyone can communicate and collaborate with each other. So in every industry, the use and sophistication of AI is what gives an enterprise a distinct advantage to amplify business services and products.
In the near future, AI will be available everywhere — even if we’re unaware of its existence while performing tasks on the floor of a retail outlet, or in the operating room of a hospital. Predictive analytics, for example, is helping retailers make extremely targeted promotions and advertisements based on a customer’s buying behavior. We’ve all heard of (and maybe used) products like Google Assistant or Siri that constantly learn more about our desires and expectations. Software is learning about human behavior and predicting what our next actions will be. To this end, computers ask for permission sometimes, before making the next move; other times, they don’t.
Have you heard about a program called ‘DeepText’ coming out of Facebook’s laboratories? It is a type of AI that can detect subtleties in human communication and actually display a level of common sense otherwise thought to be unachievable. For a social network, a platform like DeepText can anticipate what a consumer wants by analyzing their communications. It can perform tasks proactively rather than when told what to do, because it learns ‘with near-human accuracy,’ according to Facebook. We are now at a point where enterprises are writing algorithms so sophisticated, so advanced, that they can mimic human cognitive tasks.
An American company called Agilent Technologies has developed an electrocardiograph that can estimate the probability of a patient experiencing acute cardiac ischemia, using its ability to learn more about the condition after every diagnosis. Better still, this smart device is ‘time-insensitive,’ meaning it has the power to predict whether the patient could develop ACI down the road and not necessarily during the moment of the test. Also, with nearly one billion people being either diabetic or prone to diabetes, AI-powered mobile devices will monitor glucose levels in the blood, and should they be too high, recommend courses of action with virtual physicians.
Another medical breakthrough that is proof of such progress comes from ATL Ultrasound Inc. in Seattle. The company has developed a range of diagnostic ultrasound systems for imaging and monitoring cardiac tissue structures and their activity. How? By leveraging a machine learning algorithm that studies millions of parameters during an examination and eliminates frequencies that the doctor deems irrelevant. The patient’s visit is thus far more efficient than it was before ultrasound systems could accumulate data and learn from each parameter.
Thanks to strides in the field of artificial intelligence, computers now accumulate data and learn from us. Indeed, the act of building upon each day’s accumulated experiences is the key to success in the Knowledge Economy, where growth is now dependent on the quantity, quality, and accessibility of available information. It’s an economy in which artificial intelligence helps us leverage all that information in order to amplify whatever product or service an enterprise offers to consumers.
A sixth sense like no other
AI is a tool that is becoming so useful and ubiquitous that it will soon become a kind of sixth sense. According to the creator of the ‘SixthSense’ technology — the scientist, Pranav Mistry — this latest incarnation of AI is a wearable, gestural interface that augments the physical world around us with digital information and lets us use natural hand gestures to interact with that information.
"Although the miniaturization of computing devices allows us to carry computers in our pockets, keeping us continually connected to the digital world, there is no link between our digital devices and our interactions with the physical world,” writes Professor Mistry, who works out of the Massachusetts Institute of Technology. He observes, “Information is confined traditionally on paper or digitally on a screen. SixthSense bridges this gap, bringing intangible, digital information out into the tangible world, and allowing us to interact with this information via natural hand gestures. SixthSense frees information from its confines by seamlessly integrating it with reality, thus making the entire world your computer."
Unbolting robots from the factory floor
A significant change in how we view AI-enabled devices is evident in how they are now being ‘unbolted’ from the factory assembly line. Machines equipped with AI software can serve as roving healthcare companions for elderly people, delivering medications in their correct dosages, and reminding them about their daily schedules. As a sixth sense, AI can simplify business processes and amplify the best in the human spirit. From deterministic automation to cognitive machine learning and software code corrections, today’s businesses can use AI to identify new experiences as well as new products or services.
A closer examination of the world of healthcare and transportation demonstrates just how profoundly AI is transforming the world around us. In both industries, AI is quickly evolving from ‘machine learning’ to ‘deep learning.’ Machine learning is the method by which a computer is programmed to detect patterns, and as a result, is able to predict actions. It requires human guidance to help it learn the rules and the information that it is expected to know. However, it is limited by a finite number of possibilities. Remember the computer that took on a chess champion around 20 years ago? Human programmers had the arduous task of programming every possible chess move and consequence into the computer. It couldn’t learn chess on its own, and by all accounts, it took the programmers an unbelievable amount of time to prepare the computer.
From the factory floor to the operating room
Today, AI is becoming so smart that it even plays a role in decision-making. In the field of image interpretation, a doctor can receive scores of different medical images that can be simultaneously identified by a single AI-enabled scanner. What used to take hours and even days in front of expensive X-ray devices, can now be accomplished within minutes. Think about how useful a complete assessment of a patient can be if a doctor receives everything from angiograms to MRI scans. This is certainly a situation where technology is amplifying human potential.
Context-aware intelligence is ubiquitous and getting better with every passing day. A study, cited by Morgan Stanley, reports that 47 percent of jobs in America alone could be automated over the next two decades. It then goes on to state that at 98 percent, bank loan officers have the highest probability of seeing their job automated (which is really ironic, given that Morgan Stanley helped to disseminate the paper). The lowest? Elementary school teachers and doctors — both with a probability of 0.4 percent. Whatever the industry, AI-enabled cognitive machine learning is making its presence known.
Just think of a medical school student, studying to be a surgeon. Although the study predicts that there exists only a 0.4 percent chance that AI-enabled cognitive machine learning will completely replace her job in 20 years, my opinion is that there is a 100 percent chance that the technology will amplify her professional talent. Even for a student, AI can anticipate the progression of skills a would-be surgeon needs. That’s what we call ’deterministic automation’ — technology that learns from (in this case) a medical student’s academic progress and helps with both the physical and mental aspects of the training.
Surgeons, for instance, must know how to access and repair the human body. There’s no reason why they can’t be aided by computers that get smarter with every operation — not unlike how a student first becomes a resident in surgery and then advances to become a full-fledged surgeon after years of assisting in the operating room. Just think of the efficiencies gained by a complex operation requiring only one human surgeon instead of a team of four. The other three medical experts can thus be freed up to operate on other patients. The journal, Science Translational Medicine, reported how researchers programmed a robot surgeon to carry out a procedure called ‘intestinal anastomosis.’ This is a remarkable feat because the robotic arms that we’ve known for decades typically weld metal together on assembly lines. This medical robot, however, took a piece of intestine that had been cut open and stitched it back together with the utmost precision.
Driving smarter cars
Transportation is another industry perfectly suited for machine learning and purposeful automation. Just about every automotive company in recent times has announced a self-driving car development program. While some companies have arranged joint ventures with technology companies, others are confident of their own technological capabilities (alongside knowledge of what car buyers want and their extensive dealer networks) and have decided to go it alone. Google remains one of the non-car companies with longstanding intentions to build and market an AI-powered vehicle, with no steering wheel, accelerator, or brake pedal.
The reason that it could build a vehicle with such a spare dashboard is because of its confidence in its deep learning technology — the same technology that helped Google’s AlphaGo program beat the world champion in the complex game of Go. That computer never required constant human input when it played the human Go Master, which is vastly different from past computers of other companies, which had to be programmed with information in order to compete in chess or on game shows. The advantage of a neural network is that it’s not unlike the human brain — becoming smarter and learning what it needs to as it continues to play a game or drive a car.
Other self-driving programs take a different approach, outfitting cars with dozens of sensors that help a human behind the wheel. These are more like advanced cruise control features, rather than deep-learning neural networks. Car makers also know something that technology companies can’t seem to grasp — people love getting behind the wheel of their cars and driving. It’s a fun activity that allows for independence and escape from an otherwise ultra-connected world.
What’s certain is that when it comes to AI, everyone seems to be making strategic moves. According to the research firm CB Insights, large companies have purchased 31 AI start-ups since 2011
The consultancy, PricewaterhouseCoopers, has determined in a study with different metrics that companies have bought 29 AI start-ups this year alone, a trend that will eventually eclipse the 37 such deals that took place in 2015. Even Intel is moving away from its decades-long microchip specialty in order to focus its energies more on building data centers. In fact, the company recently acquired an AI start-up called Nervana Systems. The Intel executive who is spearheading its data center development wrote in a corporate blog post: “[Nervana’s] IP and expertise in accelerating deep learning algorithms will expand Intel’s capabilities in the field of AI.” Not to be outmaneuvered, Apple too has acquired Turi Incorporated — another AI company. In a seminal work by two Oxford University researchers, — a paper titled ‘The Future of Employment: How Susceptible are Jobs to Computerisation?’ — The very pace of cognitive machine learning’s advancement is presented as an issue that all industries must address. For example, the paper cites another study from 2004 that makes the case for the makers of driverless cars having difficulties mimicking human reactions and thought processes. According to the 2004 paper, “A left turn against oncoming traffic involves so many factors that it is hard to imagine discovering the set of rules that can replace a [human] driver’s behavior....” Today, however, many companies pursuing driverless cars have developed fully autonomous vehicles that do indeed learn much like how humans learn to drive.
When the computer brain of a driverless car is indistinguishable from the actions and reactions of a human, we have the software engineer to thank. In the past, if the computer were a ‘contestant’ vying against humans on a televised game show, an engineer had to program a mainframe with every potential question and every correct answer. Now, AI itself possesses the cognitive talent of identifying and fixing software code; so, engineers can use their intelligence to identify new experiences and new products or services. AI is, incontrovertibly, on its way to become an incredibly useful tool that will amplify human potential.
Commercial success
Finally, let’s not forget that AI has serious commercial applications. While the technology is the stuff of Oxford dons, it also helps enterprises of all stripes make money. I can think of nowhere AI has more potential than in the world of retail. In every facet of merchandising — from a pair of jeans in a showroom to a container ship crossing the Pacific Ocean with tons of the latest fashion apparel — AI can see the smallest detail and the biggest picture simultaneously and roll all that data into simple, easy-to-use instructions about how to keep stores filled with just the right amount of merchandise as well as information about what merchandise will sell the best next season. For centuries, merchants have attempted to perfect the supply chain, but it is a complex affair! The world of fashion depends on the ever-changing tastes of consumers, alongside fuel costs to transport the merchandise, labor costs to sew garments together, and raw material costs involved in manufacturing apparel. AI has all these steps covered so that a human can be a warm and helpful greeter in a brick-and-mortar store. When it comes to online commerce, shoppers won’t even know that they aren’t dealing with humans. ‘Life-like’ is the goal of every software engineer as well as every retail client
AI needs governance
There will come a time when cognitive machine learning becomes so advanced that computers will become more than tools — they will, as experts have said, indeed become our sixth sense. They will be a part of us, of our daily existence. That’s why, we will see communities coming to a consensus about how AI progresses. After all, humans have had rules for living together in a society for tens of thousands of years. We will, likewise, make regulations that govern the behavior of AI, spelling out what types of consequences there will be if those regulations are broken. The CEO of the Google-owned AI research lab DeepMind, recently said that the global community should have control over AI-powered machines that learn for themselves. I completely agree because setting up protocols for any new and increasingly advanced technology is a smart move for everyone involved. The establishment of guidelines is what we humans do when we want to focus and advance ourselves and our technologies even further. Artificial intelligence is going to amplify our talents and abilities in ways we haven’t even imagined yet — much to the delight of a growing enterprise.
Read more articles on artificial intelligence and automation >>
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Anushka Sharma To Receive DadaSaheb Phalke Award
Karthick (Author) Published Date : Apr 07, 2018 05:30 IST
Anushka Sharma To Receive DadaSaheb Phalke Award Image Credit:Twitter @AnushkaSharma
India's prestigious Dada Saheb Phalke Award will be provided to Anushka Sharma, one of the highest paid Indian actresses and wife of ace cricketer Virat Kohli, the most valued sports brand in India whose marriage took place in Italy in 2017. Bollywood actors and actresses are congratulating Anushka Sharma for receiving a great honour.
Anushka Sharma debuted in a debut in a 2008 super hit movie "Rab Ne Bana Di Jodi" with Bollywood Superstar Shah Rukh Khan. Then, she has acted in over 15 films and also produced three films, NH-10, Phillauri and Pari with her brother Karnesh Sharma. She also acted in her produced films. Anushka had chosen scripts with content oriented and new. Anushka Sharma also finds a place in the recently released Forbes 30 under 30 Asia list that includes the personalities of Asia who had attained success under the age of 30 and she is the only Bollywood actress to appear in Forbes released list.
Pari, Anushka's recently released horror movie received many acclaims from the audience and is said to be remade in Tamil as South Cinema Industry get more response for horror films for past few years. The movie was somewhat different from conventional horror films.
Tags : DadaSaheb Phalke Award, Pari movie, Anushka Sharma next movie, Anushka sharma salary, Anushka in Forbes 30, Bollywood actress, latest cine news, Anushka sharma, Virat Kohli, Bollywood latest news, Anushka Sharma and Virat Kohli, Shah Rukh Khan
Forbes selects top Indians 30 under 30 Asia
Feb 26, 2016 13:30 IST
Purushothaman
The Four Indians Succeeded Great Things Under 30 Listed By Forbes 2018
Mar 28, 2018 16:19 IST
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Philly 'hoods brace for property-tax tremors
by MICHELLE SKOWRONEK, skowrom@phillynews.com 215-854-5926, Posted: May 20, 2010
CITY COUNCIL'S preliminary approval of a 9.9 percent increase in property taxes has Philly neighborhoods wondering who's in and who's out.
Patricia Freeland, of the Spring Garden Civic Association, said her neighborhood has successfully recruited new residents, but with the threat of the increased property tax she's not sure who will stay.
"The city needs to be careful about raising taxes on property, because it will chase a lot of people out of the city," she said. "Through our efforts we have brought a lot of people into the city who did not live in the city before and pay [our] taxes."
With Council's preliminary approval of a $3.9 billion budget last Thursday, Philadelphia is facing a temporary two-year 9.9 percent property-tax increase to generate city revenue. Council will vote today on finalizing the budget, including the increase.
For Spring Garden, some feel the property-tax hike might end its progress. "We've had a period of significant revitalization," Freeland said. "Raising taxes will have people leaving again."
A similar situation could play out in other neighborhoods.
"This can be an eviction notice for some of our older members," said Andrew Dalzell, of the South of South Neighborhood Association.
Dolores Barbieri, of the Somerton Civic Association, said the tax would hurt mainly senior citizens on fixed incomes.
"They can't just adjust when taxes go up," she said. "This is going to be really bad if it passes, because Philadelphia has a lot of senior citizens."
Calvin Jackson, a senior citizen from West Philly living on a fixed income, said his money was going to be tight.
"City Council gets a raise every year or every two years," Jackson said. "They're making all this money and killing all of us poor people."
Tony Dominick, of the Powelton Village Civic Association, said he doesn't know anyone in his community who would want to spend money on another tax.
"It's going to be one more thing people need to pay," he said. "People are just going to voice their concerns about paying more, which they don't want to do."
Dominick said the motive behind the tax increase doesn't seem to be to improve communities.
"I haven't seen reasoning for the increase," he said. "They're trying to make up the budget, and I guess that's through property taxes. They're scrambling."
With funds for the budget out of reach, the city is getting desperate for money, Barbieri said.
"Just think of all the ridiculous taxes they are trying to impose, like the soda and trash tax," she said. "People become obese plenty of other ways. Why not tax the doughnut shops?"
Susan Buchanan, of Mount Airy, said she wouldn't mind paying the property tax over the other proposed fees.
"The soda tax would be more expensive," she said. "And the trash tax is unrealistic. I would rather pay the property-tax increase."
Raising the property tax would come with certain expectations, some civic leaders say.
Residents will want changes in their communities, said Penelope Giles, founder and executive director of the Francisville Neighborhood Development Corp.
"It's sort of a double-edged sword, because obviously there are more reasons than just the city needs to raise additional revenue," Giles said.
"Increasing property taxes is what helps them pay for city services, schools and things like that. The other side of that is how owners of lower income levels struggle to pay those higher taxes."
Michelle Schubert, who lives in the Northeast, said she wouldn't mind paying the tax if she knew it would directly help her family and community.
"I have children, so I would like to see the money go to education," she said. "But I can't control how they spend the money."
Giles said that despite the challenge of paying more money to the city, her community would be able to handle it.
"I don't think that's unreasonable," she said. "People push back whenever taxes increase because they don't want to pay higher taxes. But I don't think it's going to have a major, major impact."
In fact, some residents said they were willing to pay for the increase. Buchanan said the city needs help and financial support.
"I don't mind paying it," she said. "The city needs money."
Yan Grubekski, owner of Gold 555, a Frankford pawnshop, said nothing would change in the running of his business. "It's not going to affect us," he said. "Our prices keep us going and our doors are always open."
Posted: May 20, 2010 - 3:01 AM
MICHELLE SKOWRONEK, skowrom@phillynews.com 215-854-5926
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Trading on ferry route 'successful'
Norfolkline said trading on the first three months of the re-instated Rosyth to Zeebrugge ferry route has been "successful."
On a leisure front, passenger numbers have been in line with expectations with promotions lined up to bolster uptake in the traditionally quieter winter months.
Negotiations with a major trade car operator to add to the existing partnership with Mercedes Benz are ongoing. Interest from existing and potential freight customers is said to be high but the global downturn has affected the volumes being carried.
Bas van Helden, Norfolkline route director, said: "Clearly, in the current economic climate all aspects of business are affected and we are not immune to that.We do know there are no issues of pricing or competition, but it is purely a case of lower freight volumes as a direct result of the impact of the credit crunch.
"This is not unique to Rosyth - Zeebrugge as we know conditions are similar on many European routes. All indications are that the route is welcomed and we are now shipping a good volume of container freight."
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Civil War mystery thrills historians
How did a Connecticut Yankee's ID tag end up on a Confederate sub?
By MICHAEL LEMANSKI
KILLINGLY -- Edwin Ledogar, executive director of the Killingly Historical Center, is absolutely giddy these days.
After all, it isn't often this sleepy, Quiet Corner town learns it's linked with one of the nation's most historic naval battles.
But when South Carolina researchers found the identification tag of local resident Ezra Chamberlin in the wreckage of the Confederate submarine H.L. Hunley last week, local historians' eyes grew to the size of propellers.
"It's a historian's dream," said Ledogar, a self-described history nut who must visit the nearest home of an ex-president wherever he vacations.
The Hunley, as depicted in a 1999 TNT cable television movie, was a primitive Confederate submarine that sank off the Charlestown, S.C., coast Feb. 17, 1864. It sank after successfully attacking the Union blockade ship Housatonic.
The ID tag discovered by researcher Bob Neyland has local historians so excited, they called in State Archaeologist Nicholas Bellantoni.
The discovery also raises the question of why a Union soldier's ID tag was found on a Confederate sub.
The hope is Bellantoni can arrange the exhumation of Chamberlin's grave at Old Westfield Cemetery to provide clues as to how his identification tag ended up in the submarine's wreckage.
"What we want to do is get him off the hook -- that he didn't die on the Hunley," Ledogar said while standing next to Chamberlin's grave Friday. "We want to put closure on this."
Immediately after the news of the discovery broke, Killingly Historical and Genealogical Society, Inc. researchers plunged into dusty books and old newspapers in search of the truth of Ezra Chamberlin's demise.
What they ended up with, however, were more questions.
"We kept coming up with the same question: 'Is he or is he not buried there,'" Ledogar said.
Ledogar has talked with officials at the South Carolina State Historical Archives, where the ID tag is, to try and determine possible scenarios. Among them:
Chamberlin was a defector to the Confederate side and was serving aboard the Hunley.
He was a prisoner of war and forced to serve on the Hunley because of the danger of submarine warfare at the time.
He was a spy for the Union looking to sabotage the Hunley.
Chamberlin was killed July 11, 1863, at the battle of Fort Wagner in South Carolina. A Confederate soldier took his ID tag as a souvenir, wearing it around his neck when the submariner died aboard the Hunley, which ank after successfully sinking a Union blockade ship.
Ledogar said he believes the last scenario most likely happened, especially since records indicate a Hunley Confederate crewman was on the same battlefield where Chamberlin reportedly died.
What isn't known, however, is whether Chamberlin's remains made it back to Killingly. If they did, Ledogar said he believes the case will be closed and Chamberlin never was aboard the ship.
One thing certain is Ledogar wants to get the ID tag back to Killingly. He said he will talk to South Carolina officials about that.
"It should be sent home to where it belongs," he said.
Meanwhile, Killingly Historical and Genealogical Society, Inc. President Natalie Coolidge and society researcher Marilyn Labbe are studying the Hunley and the battle that claimed Chamberlin's life.
No matter where Chamberlin died, it probably was far from pleasant.
Coolidge said the Hunley's story is fascinating, as it chronicles a desperate South's plight to break the Union blockade at Charlestown toward the end of the war.
The ship was so risky, dozens of sailors drowned during training runs because it simply filled with water, she said.
Worse, however, was the air quality, since the Civil War predated any technology allowing oxygen storage.
"It was an experimental submarine and it was the first one to prove the viability of submarine warfare," Coolidge said. "They had to have a candle to detect when the air was bad. If it went out, they had to come up."
The Battle of Fort Wagner wasn't much better.
Citing old editions of the Windham County Transcript and several compilations of local Civil War veterans, Coolidge and company deduced Chamberlin likely was killed at that South Carolina battle.
According to an 1889 government compilation, the Battle of Fort Wagner was a nighttime attack in which the Union -- outnumbered five to one -- still attempted an attack at the Confederate fort.
Despite that, Chamberlin's unit -- Company K of the 7th Connecticut Volunteer Infantry -- held its ground before retreating two miles to the nearby beaches.
Much excitement
The fact somebody local is linked to such an historic moment has the local historical society excited.
And any publicity for the Killingly Historical and Genealogical Society, Inc., they say, is just as exhilarating.
"Every day, we compile and preserve records here. And if we get a little deviation that's exciting, it helps us out," Ledogar said. "It's our only pay."
Staffed by volunteers, the society has a museum full of stories like Chamberlin's at 196 Main St., inside the old library building.
For these volunteers, the quest for knowledge, especially of the local variety, is as fulfilling as a paycheck.
"We were enthusiastic because it was something I didn't know about," Coolidge said. "So when we started digging into history books, it gave me a lot of information that I didn't know."
Killingly, CT
On Apr. 27, 2001, a team of researchers who are studying the remains of the Confederate Submarine, The Hunley, announced that they had found an identification tag associated with human remains, and the tag was that of a Union soldier! The soldier was Ezra Chamberlin, who was a volunteer in the Connecticut 7th Regiment.
The H.L. Hunley was a submarine, used by the Confederate military off the coast of Charleston during the Civil War. In an attack on the Union warship Housatonic, the H.L. Hunley sank off of Charleston on Feb. 17, 1864 (Hunley), where it remained until finally recovered on Aug. 8, 2000. During the following excavation efforts (still ongoing), the ID tag of Union soldier Ezra Chamberlin was found on the Hunley-- though Chamberlin was reported to have been killed in a battle at Fort Wagner, on July 11, 1863! In fact, Chamberlin's grave can be found in northeastern CT (in a cemetery in Killingly), where his remains were to have been burried at least a year after his death.
Further facts about the circumstances of Chamberlin's death, and the presence of his dogtag on the Hunley remain to be uncovered.
"Friends of the Hunley" Website
By Margaret M. Weaver and Natalie L. Coolidge
At the end of April 2001 the telephone at the Killingly Historical Center began to ring off the wall. It started with a call from several newspapers telling us there was a story on the Associated Press Newswire Service stating an identification tag of a Killingly soldier had been found aboard a sunken Confederate submarine in Charleston, SC.
Thus began the mystery and the search for answers as to why the dog tag of a Union soldier, Ezra Chamberlin, was on board the Confederate submarine, "H. L. Hunley," which sank in Charleston Harbor February 17, 1864, after ramming an explosive charge into the Union blockade ship "Housatonic" that sank it. The Hunley had been discovered in 1995 by Clive Cussler's National Underwater Agency (NUMA) and raised from the bottom of the harbor on August 8, 2000.
The mystery deepened even more because we knew that Ezra was reported "killed" at the battle of Fort Wagner on Morris Island at the entrance to Charleston Harbor on July 11, 1863. His body was never returned to his hometown in Killingly for burial. Probably his death was confirmed to his grieving parents by local boys returning home from the battle.
One other important artifact was found in 2000 during the excavation of the H. L. Hunley. A $20 gold piece minted in 1860 was discovered next to the remains of Lt. George Dixon. It was deeply indented from the impact of a bullet and inscribed with the following words:
My life Preserver
G. E. D.
Lt. Dixon, who commanded the Hunley on its historic mission, was the center of an oral legend that emerged during the Civil War. The legend told the story of a gold coin Dixon was given as a good luck charm by his sweetheart when he left home to go to war. In 1862, during the Battle of Shiloh, Dixon was shot. According to legend, the bullet struck the gold coin in Dixon's trousers and saved his life, leaving a deep impression on the coin's surface.
The H. L. Hunley, the first submarine in history to sink an enemy ship, has been the subject of international attention as well as locally here in Killingly. It is on exhibit at the Warren Lasch Conservation Center in Charleston, SC. In making the announcement that the gold coin as well as the copper medallion would be part of a permanent exhibit beginning in mid November 2002, the following comment was made. "The submarine itself is a technological marvel that symbolizes the incredible human ingenuity required to build it, to recover it and to conserve it. The Union ID tag represents the tragic side of the war. And now we have the gold coin, which symbolizes a love story that touches the heart of anyone who gazes upon it."
The coin-sized medallion is housed in an argon-filled display case designed to halt corrosion. The medallion, about the size of a Sacagawea dollar coin, is stamped with Chamberlin's name and his Connecticut infantry group. The identification tag was privately printed - the U.S. military didn't issue official dog tags until the 20th century.
In the months since the excavation of the confederate submarine ended, forensic scientists and genealogists have been working to reconstruct the lives of the eight men found inside. Their trail is not easy to follow. There are no diaries, no family histories-not even death certificates. Mostly their stories are hidden in details, a chip on a tooth, an enlistment paper. But slowly coming into focus is a portrait of men caught up in turbulent times, marching toward their common fate as crew of the world's first successful attack sub. These men came together on Sullivan's Island February 17, 1864, loaded up in their fish-boat one last time, sank the USS Housatonic and then disappeared for more than a century.
C. F. Carlson, the last man to join the final crew, had been a privateer and blockade-runner in the early days of the war. As the Union blockade became more efficient, blockade-running became less profitable and that may be what caused Carlson to join the German Artillery unit in McClellanville.
Linda Abrams, a genealogist, suspects Carlson may be the man found in the back of the sub wearing the dog tag of Union soldier, Ezra Chamberlin. Forensic scientists have ruled out any possibility that the man wearing the identification medallion is Chamberlin. The body, thought to be Carlson, was in his mid- to late-30s whereas Chamberlain was only 24. Abrams has traced Carlson to Morris Island less than a month after Chamberlin supposedly died there. Carlson may have picked up the dog tag as a souvenir. That seems to fit on several levels. The man in the back of the sub was its first officer, who operated the sub's aft ballast tank. "Who better than a privateer helmsman, a blockade runner, to be your first officer?" Abrams says.
But to get back to Killingly's Ezra Chamberlin, the discovery of his ID tag kicked off a frenzy of activity. Who was he? Margaret Weaver, the town historian, was called upon by members of the media as well as officials in South Carolina to provide background material on this young man. Researchers in the Killingly Historical Center aided her investigation.
She was able to put together the details of his short life and to locate information on his parents, grandparents, great-grandparents, and uncles and aunts. Ezra's father, Elisha, was a carpenter and architect and was actively involved in the construction of many new buildings and homes in Danielson. Ezra's grandfather, Warren Chamberlin, drove a stagecoach twice weekly between Danielsonville and Willimantic during the 1840s.
When recruits were called to serve in the Civil War, Ezra enlisted in the Union Army in September, 1861, only five months after the war began. He was assigned to Company K of the 7th Connecticut Volunteer Infantry Regiment. Chamberlin was posted to several garrisons before his unit moved south to Port Royal, the Union's foothold on the coast of the Carolinas and the headquarters of Rear Admiral John A. Dahlgren's South Atlantic Blockading Squadron.
In June of 1863, Company K and the rest of the 7th Connecticut moved north to invade Morris Island, the strategic spit of sand south of the entrance to Charleston Harbor. On July 10, Union troops began bombarding the fortified batteries of Morris Island. The next morning, with Company K in the lead, the Union infantry stormed Fort Wagner. Some of them made it to the top, and two men in the regiment made it over the wall, bayoneting two Confederate gunners to death. But their attack was unsupported by the unit behind them, and the Connecticut men were routed.
After the war, another Union soldier remembered Chamberlin, a lowly private, trying to rally his comrades in his final moments of life. "Close up! Close up!" he screamed. But they didn't, and he fell dead-one of 340 Union casualties on Morris Island that day, compared to an even dozen Confederates. The Union tried again a week later, this time sending the black 54th Massachusetts Regiment. The 54th took more than 1,500 casualties in its failed assault; an event chronicled in the movie "Glory."
After the war, Chamberlin's surviving comrades hailed him as a hero in a church service in Killingly. There is a marker with his name on it in the Old Westfield Cemetery, but he is not buried there. He probably was buried initially on Morris Island in a mass grave, then moved to the U.S. military cemetery in Beaufort after the war. The cemetery has no record of Chamberlin, but then they wouldn't-unless a soldier wore a medallion he bought himself, or kept some papers in his uniform.
A Union medallion on a Confederate sailor is a perplexing mystery - but that historians could actually find that soldier's name and discover how he died is even more amazing. And it means that Ezra Chamberlin, who died among the sand dunes of Morris Island 140 years ago, has captured a unique place in the history of the H. L. Hunley. Many people learned a whole lot more about this particular part of the Civil War than they ever knew before and Killingly was put on the map for a short while by a young man who was born here 164 years ago.
Research of Margaret Weaver, Killingly Municipal Historian
Articles in The Post and Courier, Charleston, SC by Brian Hicks
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CNN.com - "Intimate Shows Bring Down the House"
by 12South Marketing
Intimate shows bring down the house
By Jim Kavanagh, CNN
June 10, 2010 6:54 a.m. EDT
Kira Small performs R&B and soul in Bill and Teri Hooson's living room in Covington, Georgia.
Musicians, paying guests flock to performances in private homes
House concerts foster intimate connection between artist and audience
Performers can make more money in a house concert than in a club or bar
Artist gets 100 percent of donations, free bed, free meals -- and full attention
Covington, Georgia -- Around a northern Georgia home sporadically illuminated by fireflies and distant lightning, music rises as darkness falls. A couple dozen smiling guests, glasses of sweet tea or white wine in their hands, settle onto sofas or lean against doorposts.
It's time for the magic to begin.
This is a house concert, a growing phenomenon in which musicians perform in private living rooms for a small but attentive paying audience.
The connection between performer and patron is almost palpable.
"We've seen magic happen here," said Natalie Cole, who recently co-hosted a house concert by folk singer Jonathan Byrd at her friend Cindy Ladd's mountainside home in Dahlonega, Georgia.
"There's an interaction that occurs between the artist and the audience that's different from anything that I've experienced in a club or a venue like a bar. It's more intimate."
Audience members "are here for the music," Ladd said. "They're not here to find a date or to cruise around the bar and talk."
And artists appreciate not having to compete with billiard games or blaring televisions.
"There's this intimacy to it where, as a storyteller and an acoustic musician, the subtleties of that kind of craft can come across," Byrd said. "When you're in a really big place with a lot of people, it's harder to get the subtlety of acoustic music, the dynamic range of it."
That intimacy is just as valuable to a big-voiced R&B singer like Kira Small. She and husband-bassist Bryan Beller have been performing at house concerts for about a year, most recently in Bill and Teri Hooson's tightly packed living room in Covington, Georgia.
"We just love being able to connect with everybody this closely," said Small, standing barefoot behind her electronic keyboard not 10 feet from the first row of seats.
"If we get a bigger crowd, I tell people, 'You may not have been friends when you got here, but you'll be friends by the time you leave,' " said Bill Hooson, who has been hosting monthly house concerts for 30 years.
"We've just always had music in and around our house," he said.
Concert hosts usually ask guests to make a $15 to $30 donation; they don't call it an admission charge because that would make the venture a business and raise zoning issues, said Fran Snyder, who runs ConcertsInYourHome.com, one of several sites that help match performers with home venues.
Snyder's site also offers practical advice for hosts.
"It's not rocket science, but it does take a little bit of effort," he said. "You've got to be friendly with your neighbors if you're going to do this stuff."
Interest in house concerts is growing "by magnitude," Snyder said. When he started the website four years ago, he was getting four or five inquiries a day; now he gets that many per hour, he said.
Texas is a hotbed for house concerts, as is the urban Northeast, Snyder said, including Brooklyn, New York, and Boston, Massachusetts. And "California is just on fire with it. We have probably a hundred hosts in California," he said.
Other concert networking sites include houseconcerts.com andgaiaconsort.com. Russ & Julie's House Concerts in Los Angeles, California, provides a rich resource page at http://jrp-graphics.com/houseconcerts/resources.html.
Artists also are using Twitter and Facebook to announce that they will be touring in a certain area on a given date and are available for house concerts on surrounding nights, Snyder said.
Besides the artistic benefits, there's a clear economic advantage for the performers: All the donations go to them.
"When you play in a club, the house gets a cut, the sound man gets a cut, the door man gets a cut, and by the end of it, there's no cut for the artist," Byrd said.
"I can play for 300 people at a club and make as much or less money as I make playing for 40 or 50 people here tonight."
Some hosts pay the artist a set amount regardless of the gate, while others pay whatever is collected.
"I like to have a guarantee for the artist," said Ladd, the host in Dahlonega. "Sometimes I've had to pay out of my pocket, but I'd still rather they leave with what they were expecting to leave with."
Bill and Teri Hooson's dog Lucy shares the stage with Kira Small, who likes to play in her bare feet.
The musicians also usually don't have to book a hotel.
"Often, the hosts will provide artists a place to stay, which is another touring cost, and they usually feed us too, which is really nice," Small said.
Additionally, those intimate audiences often are eager to buy CDs and T-shirts from their new musician friends.
"Sometimes they'll buy everything you've got," said Snyder, himself a touring folk musician and award-winning songwriter.
Things don't always go perfectly. Small recalled playing an outdoor house concert that was visited by a surprise rainstorm. But the audience opted to go with the flow.
"It was like Woodstock out there, with people stomping around in the mud and dancing in the rain," Small said.
Hosts generally don't make any money from their efforts. But they're not in it for the money.
"The tradition of house concerts is that they do it because they love it," Snyder said. "They do it for their friends. They like being the taste-makers in their community.
"A lot of hosts were musicians at one time. Hosting these house concerts is one way of reconnecting with that part of themselves."
For the guests, it's just good music, up close and personal.
"Seems like the smaller the venue, the better the music," said Jerry Whidden, a Gainesville, Georgia, social studies teacher who was at the Jonathan Byrd show.
Added Laurie Oliver of Covington, who came to hear Small sing: "It's like you're listening to your best friend play the best music."
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Prosecutors drop Flint water charges, promise fresh probe
by: ED WHITE, Associated Press
Posted: Jun 13, 2019 / 11:22 AM PDT / Updated: Jun 13, 2019 / 06:50 PM PDT
FILE – In this Aug. 20, 2018, file photo, Nick Lyon, director of the Michigan Department of Health and Human Services, listens closely as Genesee District Judge David J. Goggins gives his decision during Lyon’s preliminary examination at Genesee District Court in Flint, Mich. Prosecutors say they’re dismissing all criminal charges against eight people in the Flint water scandal and starting the investigation over again. The eight people include former Michigan health director Nick Lyon. He was accused of failing to timely inform the public about an outbreak of Legionnaires’ disease when Flint was using improperly treated water from the Flint River in 2014 and 2015. The outbreak occurred at the same time that the city’s water system was contaminated with lead. Lyon was the highest-ranking official to be charged in the investigation. (Jake May/The Flint Journal via AP, File)
DETROIT (AP) — Prosecutors dropped all criminal charges Thursday against eight people in the Flint water crisis and pledged to start from scratch the investigation into one of the worst man-made environmental disasters in U.S. history.
The stunning decision came more than three years — and millions of dollars — after authorities began examining the roots of the scandal that left Flint’s water system tainted with lead. Michigan Solicitor General Fadwa Hammoud, who took control of the investigation in January after the election of a new attorney general, said “all available evidence was not pursued” by the previous team of prosecutors.
Officials took possession this week of “millions of documents and hundreds of new electronic devices, significantly expanding the scope of our investigation,” Hammoud and Wayne County prosecutor Kym Worthy said in a statement.
The efforts “have produced the most comprehensive body of evidence to date related to the Flint water crisis,” they said, putting investigators “in the best possible position to find the answers the citizens of Flint deserve.”
Hammoud’s team recently used search warrants to get state-owned mobile devices of former Gov. Rick Snyder and 66 other people from storage.
Among those who had charges dismissed: Michigan’s former health director, Nick Lyon, who was accused of involuntary manslaughter for allegedly failing to alert the public in a timely fashion about an outbreak of Legionnaires’ disease when Flint was drawing improperly treated water from the Flint River in 2014 and 2015.
The dismissal came a day before a judge planned to announce whether a 2018 decision to send Lyon to trial would stand. Dropping the charges with just hours to spare killed the possibility of an adverse ruling and still gives prosecutors the freedom to haul Lyon into court again.
Nonetheless, defense attorney Chip Chamberlain said they “feel fantastic and vindicated.”
“We’re confident that a just and fair investigation, done properly, will yield no evidence of any criminal wrongdoing,” he said.
Hammoud said she would not speak to reporters until after a June 28 town hall-style meeting with Flint residents. Her boss, Michigan Attorney General Dana Nessel, said a “fearless” team was still on the case.
“Justice delayed is not always justice denied,” Nessel said in a statement.
Some residents were skeptical.
“We don’t know if new charges will be filed,” LeeAnne Walters, who is credited with exposing the lead contamination, told The Associated Press. “It feels kind of degrading, like all that we went through doesn’t matter. Our city was poisoned, my children have health issues and the people responsible just had all the charges dropped against them.”
While waiting for a new pipeline to bring water from Lake Huron, Flint, a majority-black city of 100,000, pulled water from a river without treating it to reduce corrosive effects on old pipes. Lead contaminated the distribution system in a community where 41% of residents are classified by the government as living in poverty.
Because of its poor finances, Flint was being run by financial managers appointed by Snyder. The uproar over water quality reached a peak by fall 2015, when a doctor reported high levels of lead in children, which can cause brain damage.
Some experts also have linked the water to Legionnaires’ disease, a type of pneumonia caused by bacteria that thrive in warm water and infect the lungs. People can get sick if they inhale mist or vapor, typically from cooling systems.
Flint’s water no longer comes from the river and has significantly improved, but some residents are so distrustful that they continue to use bottled water.
The criminal probe began in 2016, when Bill Schuette was attorney general. He hired a Detroit-area lawyer, Todd Flood, as special prosecutor. Andy Arena, the former head of the FBI in Detroit, was a key investigator.
No one is behind bars. Seven of 15 people charged pleaded no contest to misdemeanors. Their records will eventually be scrubbed clean.
Charges were pending against eight people, including former Michigan chief medical executive Eden Wells and two men, Gerald Ambrose and Darnell Earley, who were state-appointed emergency managers in Flint. Like Lyon, Wells was charged with involuntary manslaughter.
“We understand that there will be further investigation, but do not expect it to justify any further prosecution relative to her,” Wells’ attorneys, Steven Tramontin and Jerold Lax, said.
Through March, the investigation and prosecution had cost about $9.5 million, records show. State agencies separately have spent millions of dollars to provide defense lawyers to public employees.
Hammoud dismissed Flood in April and put together a new team. Flood told Detroit television station WJBK on Thursday that he wishes “all the luck in the world” to Hammoud, but he did not directly address the dismissal of cases that he had filed.
“We had an experienced, aggressive and hard-driving team. Everything we did was for the people of Flint,” Schuette, Flood’s former boss, said on Twitter.
Follow Ed White at http://twitter.com/edwhiteap
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Corvette goes mid-engine for first time to raise performance
by TOM KRISHER, Associated Press / Jul 18, 2019
WARREN, Mich. (AP) — When you first lay eyes on the new 2020 Corvette, a modern version of the classic American sports car isn't the first thing that pops into your head.
Instead, you think Lamborghini, Lotus, McLaren.
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South African DJ Black Coffee Edges Jimmy Jatt & Other DJs To Become First African Host On Beats 1 Radio
By KOKO TV
Talented South African DJ Black Coffee is set to become the first African act to host a Beats 1 radio show. When his show launches on Friday, the Durban-born house DJ and record producer will be following in the footsteps of Pharrell Williams and Dr Dre. Apple-owned Beats 1 radio is a worldwide, online music streaming platform, and DJ Black Coffee – whose real name is Nkosinathi Maphumulo says he’ll bring a distinctly African flavour to the station: “The first thing you think is that you’re going to only hear house music or South African music on my show, but what we’re trying to do is to really expose people to me. As in, what do I love as this is my show? What inspires me musically? So it’s different sides and genres.” Photo Credit: Getty
Pharrell Williams Along With Other Models Headlines G-Star RAW 2017 Autumn Winter Campaign
Dutch clothing company G-Star RAW has unveiled its autumn winter 2017 campaign. The eclectic denim range is aptly modeled by Pharrell Williams and a diverse cast of talented creatives, such as model/activist Adwoa Aboah and her sister Kesewa, Jean Campbell, as well as Lennon Gallagher who is the son of iconic English musician, Liam Gallagher.Captured…
Movie Review: See What Happened In The Finale Of Game Of Thrones Season 7
Latest episode of Game of Thrones was full of, death, violence, and even some brief romance (Tormund pined for Brienne while Jon and Dany shared a moment). But the new trailer for the Season 7 finale looks like the show might be even more shocking next week. With only one episode left this season, there…
Forbes Declares Mark Wahlberg As The Highest Paid Actor In 2017 With $68Million
Its another Forbes ranking and guess what? Mark Wahlberg has been unveiled as the highest paid actor. He tops the list by making $68 million due to his roles in Transformers: The Last Knight which, by the way, was the lowest grossing film of the franchise to date as well as the forthcoming Daddy’s Home…
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MSHP releases traffic deaths report for Independence Day holiday
2 years 1 week 5 days ago Wednesday, July 05 2017 Jul 5, 2017 Wednesday, July 05, 2017 11:48:00 AM CDT July 05, 2017 in News
By: Edward Redler and Daniel Perreault, KOMU 8 Digital Producers
JEFFERSON CITY - The Missouri State Highway Patrol announced 14 traffic deaths across the state during the Independence Day counting period.
The counting period began at 6 p.m. Friday, June 30 and ended at 11:59 p.m. Tuesday, July 4.
There were 494 reported crashes which resulted in 186 injuries. Missouri officers also issued arrested 172 people for driving while intoxicated, an increase from the 121 DWIs issued in 2016. There were 118 other drug arrests.
On the water, MSHP listed seven crashes resulting in four injuries with no fatalities or drownings. 23 people received BWIs and 33 were arrested on drug charges.
It was the second consecutive July 4th counting period that resulted in no drownings.
2017's counting period was deadlier than 2016, but there were far fewer total accidents.
Five people were killed along with 565 injured as a result of traffic accidents during the 2016 counting period, but there were less than half as many accidents as in 2016.
The seven boating crashes in 2017 and four injuries were each down from 2016, which 11 crashes resulted in six injuries.
The Highway Patrol also announced the results of it's "Operation Dry Water" campaign to detect impaired boat operators.
Statewide, 15 people were arrested for operating boats while intoxicated this past weekend. Maritime troopers also issued 146 boating violation summonses, 1,238 warnings for boating violations, and 86 summons for non-boating violations.
Troopers said they will continue to hold similiar operations throughout the remainder of the summer months.
47 minutes ago Thursday, July 18 2019 Jul 18, 2019 Thursday, July 18, 2019 7:47:00 PM CDT July 18, 2019 in News
1 hour ago Thursday, July 18 2019 Jul 18, 2019 Thursday, July 18, 2019 6:49:00 PM CDT July 18, 2019 in Top Stories
9pm 88°
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Jeff Large
Podcast Strategy & Production
February 18, 2019 By Jeff Large Leave a Comment
Colin Wiel | Success: Where Passion and Opportunity Intersect
Download file | Play in new window
Subscribe: iTunes | Stitcher | Google Play
Colin Wiel, Co-Founder, Chairman, and CTO of Mynd, a technology-powered property management company, has founded five companies since leaving his first job at Boeing.
After studying mechanical engineering with a focus on robotics, he began his career at Boeing. His career took off quickly as he invented a new algorithm for controlling anti-lock brakes in airplanes by using AI.
While his success was fulfilling, he realized he didn’t want to work in a big corporation and he became an independent software engineer consultant. This gave him the opportunity to work for different companies on projects that interested him and the freedom to travel.
When he started consulting with Netscape, the Java programming language was born, and he became one of the first Java programmers. This led to an opportunity at UC Berkeley where he developed the Java curriculum and founded Java programming company. He went on to sell the company after the dot com boom which turned into a lucrative deal.
Entering Real Estate
After selling his Java programming company, he started investing in real estate, thanks to his friend Doug Brien’s advice. Together, they started identifying inefficiencies in the market.
During this time, he also founded two more companies to protect rainforests and forests in South America and Africa.
When the 2008 financial crisis happened and the house market crashed, Colin says he and Doug saw an opportunity. They started buying homes and the idea for creating a scalable platform for buying and managing single-family rentals was born.
Despite push back from experienced people in the field, Colin was confident that their idea would work.
“We said well we think if we build the technology platform to systemize this then we can do it and actually benefit from the economies of scale and that’s how it played out.”
They took Waypoint homes (now Invitation Homes) public with Starwood, which ultimately merged with an even larger REIT (real estate investment trust).
“It turns out small residential is an industry that is twice as big as the hotel industry in terms of total revenue per year. It’s massive.”
After Waypoint Homes’ great success, Colin realized they could leverage technology to create the first scaled property management company. This idea led to Colin co-founding his current company, Mynd, with Doug.
Opportunity and Success
Colin defines success as having an impact on the world, having fun, and profiting financially from that. His secret to success is taking a bold step when you see where opportunity and your passion intersect. Instead of having a goal, Colin says his philosophy is to always be on an upward trajectory.
“Pick something you know is going to be big. It’s okay if everybody else knows it too, that’s fine. Because other people aren’t going to be as bold and actually take a step to jump in. And if you do, you’re going to be well served.”
Business: Mynd.co
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Felicity Mara b. 1958
Felicity Mara was born in London and studied Fine Art in Camberwell, though her works are intimately connected to the artistic heart of Cornwall, St Ives. Moving to the Duchy in 1994, she is now based at Porthmeor Studios, a space on the edge of the Atlantic which was used by Ben Nicholson and Sir Terry Frost.
It is from here that she creates her elegantly spare pictures from abstracted forms in the much the same way that the St Ives school did in the 60s. Subject matter can be found, with vistas through windows, still lifes and waveforms alluded to in the sweeping marks of her brush. Felicity's sparse marks show the restraint of minimalism, so much more impressive in the usually large scale of her canvases. To create these striking lines, Felicity uses a wonderfully fresh palette and by leaving sections of the canvas unpainted her pictures echo the textures of the coastal landscape seen from her studio.
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How booming populations are driving new business districts
Booming urban populations are pushing companies and investors to explore space outside primary central business districts.
From Sydney to Hong Kong, companies are increasingly looking for offices in alternative business hubs, which often offer cheaper real estate and are located close, or easily accessible to, major population centers.
These proliferating urban complexes are breaking the pull of the traditional city center, driven by government investment, transport infrastructure and businesses wanting to be closer to where their employees live, says Tim O’Connor, JLL’s Head of Leasing in Australia.
“Urbanization is happening globally, but it doesn’t mean everything is focused exclusively on a city’s central business district anymore,” O’Connor says. “Companies are going into second and sometimes even third CBDs, in large part because organisations are putting greater emphasis on their people and making sure they are in well located areas serviced by amenities and transport.”
Parramatta, west of Sydney, has always been a business hub, but lacked the government and private sector commitment it needed to thrive. Now it is finally having its day and major projects including the Parramatta Square precinct, Civic Link and the opening up of the Parramatta River foreshore.
Complemented by a growing residential population and university facilities, Parramatta is becoming what O’Connor describes as “a seven-day-a-week economy”.
Cost wins out
Affordability is one of the key drivers of business moves to alternate business districts and it has prompted office commitments from National Australia Bank, KPMG, Deloitte and PWC, which will further bolster Parramatta’s economic clout.
While the cost of an A-Grade office in space-squeezed Sydney city is AU$656.8 a square metre (net effective), the equivalent in Parramatta is AU$378.8, based on existing offices.
Differentials like this are also forcing financial companies and law firms in central Hong Kong – one of the world’s most expensive office markets – to decamp to Hong Kong East, which is becoming a major business district in its own right.
Monthly rents there are on average US$6-11 (AU$8.30-$15.20) per square foot lower than comparable office space in the centre and vacancy has tightened considerably as more businesses opt for cheaper rents.
However, when word gets out about the positive attributes of going alternative, there is a risk that cheaper rent ceases to be one of them.
This is the case in Mumbai’s Bandra Kurla Complex – home to Google, government agencies and pharmaceutical giants – where offices are now priced higher than the city’s traditional business centre.
When the bottom line is at play, along with the desire to attract and retain the best talent through offices in buzzing locations, timing is everything, says Sue Holliday, a Professor at the University of NSW and the former Director General of Planning for NSW.
“If you’re in with the first move and the timing is right it’s a very beneficial investment, but if you’re in too early you could be waiting for a return on that investment for some time,” Holliday says.
Watch the video above to find out more.
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Where and how to invest in car parks?
Hong Kong Developers Look to Revitalise Old Buildings for Land
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Zlatan Ibrahimović reveals how he tried to sabotage his own move to Paris Saint-Germain
Does this constitute a sliding doors moment?
Every now and then, football is shaped by one moment. It could be a transfer, one lucky cup run that propels a club into a new realm of success, or a manager's decision (not) to retire.
Eric Cantona joining Manchester United, Sir Alex Ferguson's u-turn on retirement in 2001, and Leicester City sacking Nigel Pearson to hire Claudio Ranieri spring to mind as the most prominent examples of a sliding doors moment in football. The sport as a whole could look very different now had these things not happened.
Zlatan Ibrahimović's move to Paris Saint-Germain in 2012 could also fall into this category, as his move to the Ligue 1 side was hugely instrumental in them consolidating power in France and beginning to compete with Europe's elite clubs.
But it almost didn't happen. In a new biography, documenting the latter years of his career, Ibrahimović has revealed how he tried to sabotage the move in order to spite the AC Milan chief executive at the time, Adriano Galliani.
In the summer of 2012, there was constant speculation around Ibrahimović and his future at AC Milan. The club were in a bit of financial trouble, but the striker was given assurances that he would not be sold. Alas, an irrefutable offer from PSG came in and the wheels were in motion.
“I was in my summer home in Vaxholm and I’d just come back in from jet-skiing. That’s when I noticed that I had five missed calls from [the player’s agent] Mino Raiola.”
Returning the call, Ibrahimovic was told by his representative: “Ok, Leonardo is going to give you a call.”
Why LaLiga's Basque clubs have capped away ticket prices at €25
"I decided I wasn't going to make it easy for PSG," admitted Ibrahimović.
Feeling let down by Milan for going behind his back, the striker picked up the phone again and called Raiola. “I said to Mino: ‘Listen, I’m not to talk to Leonardo because Galliani told me that I wouldn’t be sold this summer.’ Then Mino said ‘yeah, I know, but you’ve been sold already.’”
This was when the Swede tried to formulate a plan to prevent the transfer from happening.
“I spoke to Mino again and told him we weren’t going to make it easy for PSG. We were going to tell them that I wanted the same salary I had at Milan and we were going to ask for so much stuff that they’d think it wasn’t worth it. I told Mino to lay out all the conditions of my contract one by one. When we’d finished I said to my wife that they’d never accept all my demands, that there was no way it would go through. But 20 minutes later Mino sent me a text saying it had all been approved.”
“After that, there was no going back,” Ibrahimovic concluded. “So I accepted [the move] because I am a man of my word and when I say something I stick to it.”
In the end, he is probably glad that he ended up at PSG. In his own words, he 'came as a king, left as a legend', having scored 156 goals in 180 games and won four consecutive league titles with the club.
Football,
Zlatan Ibrahimovic,
AC Milan.
Steve Bruce's greatest disqualification for the Newcastle job is that he wanted it in the first place
Wayne Farry
The return of the bruised banana - how adidas brought the Arsenal classic back to life
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Home Entertainment Lifestyle Miss Universe 2018 Miss Universe 2018 Catriona Gray; Catriona Gray Miss Universe Pageant 2018 Who is Catriona Gray? Know More about Miss Universe 2018 Catriona Gray
Know More about Miss Universe 2018 Catriona Gray
Jona Shares Tuesday, December 18, 2018 Entertainment, Lifestyle, Miss Universe 2018, Miss Universe 2018 Catriona Gray; Catriona Gray, Miss Universe Pageant 2018, Who is Catriona Gray?,
The full name of Gray is Catriona Elisa Magnayon Gray. She was born on 6th of January 1994. Her birthplace is Cairns, Queensland in Australia. She was born to a Scottish-born Australian father, Ian Gray, and Filipino mother, Normita Ragas Magnayon. Thus, she holds both Filipino and Australian nationality. Gray grew up in Cairns, where she attended Trinity Anglican School. She then attended Berklee College of Music, where she obtained her Certificate in Music Theory. She was also a martial artist, earned a black belt in Choi Kwang-Do. She obtained Certificate in Outdoor Recreation.
Picture from Official Facebook Fan Page
After completing high school, Gray moved to Manila, Philippines where she started her modeling career. She also appeared in different commecials. She was listed as one of Cosmopolitan Magazine's top Models in the Philippines at the age of 18.
In October 2016, she participated in Miss World Philippines. She was crowned as the new Miss World Philippines. She was also awarded Best in Swimsuit, Best in Fashion Runway, Best in Evening Gown, Best in Talent, Miss Folded and Hung, Miss Figlia, Miss FIG Image Gateway, Miss Manila Hotel, Miss Hannah Beach Resort, and Miss Organique in the beauty pageant.
Gray went on to participate in Miss World 2016 in the United States. She made it to the final Top 5 in the competition. She succeeded in winning Multimedia Award and finished second in the talent round of the beauty pageant competition.
Gray participated in Binibining Pilipinas pageant in 2018, where she was crowned as the 2018 Miss Universe Philippines. Gray has won several corporate and contests awards such as The "Pitoy Moreno" Best in National Costume Award, Best in Swimsuit, Best in Evening Gown, Miss Ever Bilena Cosmetics Award, and Miss Jag Denim Queen Award. She has also won Dairy Queen's #FeelTheJoyWithDQ and Pizza Hut's #SayItWithPizzaHut in 2018.
Gray just recently won in the 2018 Miss Universe, which was held in Bangkok, Thailand. She is the fourth Filipina who won the Miss Universe Title.
The Miss Universe question:
"What is the most important lesson you’ve learned and how will you apply it to your time as Miss Universe?"
She answered: "I work a lot in the slums of Tondo, Manila and the life there is poor and very sad. And I’ve always taught to myself to look for the beauty of it and look in the beauty of the faces of the children and to be grateful. And I will bring this aspect as a Miss Universe to see situations with a silver lining and to assess where I could give something, where I could provide something as a spokesperson. And this I think if I can teach people to be grateful, we can have an amazing world where negativity could not grow and foster and children will have smile on their faces."
Tags # Entertainment # Lifestyle # Miss Universe 2018 # Miss Universe 2018 Catriona Gray; Catriona Gray # Miss Universe Pageant 2018 # Who is Catriona Gray?
Who is Catriona Gray?
By Jona Shares at Tuesday, December 18, 2018
Labels: Entertainment, Lifestyle, Miss Universe 2018, Miss Universe 2018 Catriona Gray; Catriona Gray, Miss Universe Pageant 2018, Who is Catriona Gray?
AiringMyLaundry Apr 2, 2019, 5:20:00 AM
Congrats to her! She sounds like a wonderful young woman. I think she will do a lot of good with her position.
Candysfarmhousepantry Apr 2, 2019, 6:14:00 AM
I must admit I haven't watched or know anything about any of the women competing this year. So it was nice to learn more about her,
Jeannette Apr 2, 2019, 6:59:00 AM
I love that she looks for the beauty in everything. Sometimes it can be very hard to find. I think we all should do something like that.
GiGi Eats Apr 2, 2019, 7:08:00 AM
I rememberwhen I used to watch these shows ALL THE TIME - but now, I totally forgot they even happen!
Melissa Chapman Apr 2, 2019, 7:15:00 AM
She is a beautiful woman and deserves all her success. It is great that she has such compassion for the less fortunate people.
Nicole Johnson Apr 2, 2019, 8:41:00 AM
It was great to learn more about Miss universe. Sounds like she’s the really amazing person.
Sarah-Louise Bailey Apr 2, 2019, 9:18:00 AM
Well done to her what an amazing achievement. She sounds like a lovely women who does a lot of good in the world around her.
Lisa Favre Apr 2, 2019, 4:35:00 PM
Thank you for this! I absolutely loved learning about her and love the fact that her mom is Filipina! My mom is, too!
Roch Apr 2, 2019, 5:22:00 PM
She's so bright and beautiful. I didn't know she's a black belter in martial arts. I'm so proud of her achievements.
Emily Apr 2, 2019, 8:11:00 PM
This is so interesting to find out about her background more and what she stands for. She sounds wonderful and very deserving of her success.
Terri Steffes Apr 2, 2019, 9:04:00 PM
Thanks for sharing about Miss Universe. I love learning more about her and her goals.
ricci Apr 3, 2019, 12:54:00 AM
I love learning more about different people's background and Miss Universe sounds like a well rounded individual!
Swathi Apr 3, 2019, 4:24:00 PM
Congrats to her, she is beautiful has not only beauty but also grace.
Ckrusch Apr 3, 2019, 4:29:00 PM
Congrats to her! She sounds like a beautiful and inteligent young woman. I hope she has a great year!
Amy Apr 3, 2019, 8:33:00 PM
Wow, Thank you so much for sharing about Miss Universe! She sounds like a beautiful woman not only outside, but inside as well!
Bohemian Babushka Apr 4, 2019, 7:42:00 AM
Seems like she's well rounded, educated, and compassionate towards others. May she have continued success in life.
Farrah Less Apr 6, 2019, 3:07:00 AM
She is one of my favorite Miss Universe from Philippines. She represents our country very well a true contestant with beauty, grace, low profile and brain
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InnovationCodexShareSubscribe
Tesla Model Y: Price, Reveals Date and Specs for Mass Market Electric SUV
Tesla's car is part of a three-pronged strategy to enter the mass market.
Filed Under Cars, Electric Cars, Elon Musk, Gigafactory & Tesla Model Y
Tesla’s mass market compact sport utility vehicle is almost here. In March, CEO Elon Musk unveiled the second part of the company’s three-part plan to bring electric cars to the mass market and usher in a new era of sustainable transport. It all sounds rather grandiose, but hit sales figures for the Model 3 sedan suggest there’s high demand for cheaper Tesla vehicles.
The Tesla Model Y, from a distance, looks a lot like its Model 3 cousin. Musk unveiled the car at the Tesla Design Studio in Los Angeles on Thursday, March 14, 2019. The first models are set to launch in the fall of 2020. Top speed will reach as high as 150 mph, accelerations as low as 3.5 seconds, range as far as 300 miles, and it can fit seven adults with 66 cubic meters of space.
Alongside the surprise additions, the Model Y is expected to otherwise pack the semi-autonomous Autopilot system that has featured on other vehicles. This is expected to one day support full autonomous driving through a software and computer update. That could mean it serves as part of a robo-taxi fleet.
“It has the functionality of an SUV but it rides like a sports car,” Musk said at the unveiling. “We expect it’ll be the safest SUV in the world by far.”
It’s an impressive vehicle, and it’s competitive on the price side, starting at $39,000 — just $4,000 more than the base Model 3.
Specs for the Tesla Model Y lineup
Following on from the success of the Model 3, the $35,000 car that launched in July 2017 as a cheaper version of the Model S, Tesla now aims to bring the cheaper sports utility vehicle to complete the lineup with “S-3-X-Y.”
A second released Tesla Model Y image.
Musk describes the Model Y as part of a broader plan to reach the mass market alongside the Model 3 and pickup truck.
“We’re aiming to unveil the Model Y approximately March next year, and then go into production about two years from now,” Musk said at the company’s June 2018 annual shareholder meeting. “Maybe a little less than two years, but basically first half of 2020 for production of Model Y.”
Here’s what you need to know.
When Will Tesla Model Y Be Released?
That depends on the model!
Standard range deliveries are expected to start in the spring of 2021
Long range deliveries are expected to start in the fall of 2020
Dual-motor all-wheel-drive models are expected to roll out in the fall of 2020
Performance models will arrive in the fall of 2020
It could launch around the same time as the second-generation Roadster.
How much will Tesla Model Y cost?
Tesla is unlikely to undercut the Model 3, which currently sells for $46,000 and could reach as low as $35,000 when Tesla rolls out shorter-range versions. The Model X has a starting price of $79,500, and the company is likely to try and undercut that vehicle. That gives us a general estimate of a price somewhere between $79,500 and $35,000.
What Is the Battery Range for Tesla Model Y?
The Model Y will come with the following battery ranges:
Standard Range: 230 miles
Long Range: 300 miles
Dual Motor all-wheel drive: 280 miles
Performance: 280 miles
This compares favorably to Tesla’s other vehicles. The Model 3 offers between 220 and 310 miles of range depending on the price, meaning the other entry-level vehicle offers similar distances. The Model S recently set records by becoming the first production electric car to edge toward the 400-mile mark, a milestone it’s expected to cross sometime soon.
What Will Be the Tesla Model Y Seating Capacity?
The Tesla Model Y offers room for “up to seven adults” with an optional third row.
The third row seats folded down.
Impressively, Tesla has managed to find the space to fit an extra row in a car that only measures around 10 percent larger than a Model 3. It also means that it matches the much larger Model X in terms of the number of adult seats.
Whether those seats will actually be comfortable is for the eventual reviews to decide.
How Will the Tesla Model Y Be Manufactured?
Tesla plans to produce somewhere around one million Model Y vehicles per year, far more than the company’s total all-time deliveries in the United States alone. The company’s Chinese Gigafactory will play a big role in this: the 210-acre site in Lingang, a district in the south east of Shanghai, will produce 250,000 cars per year covering both Model 3 and Model Y. In a thank you message to Tesla fans, Musk suggested that construction of the Shanghai Gigafactory is set to start soon:
Thanks Tesla owners in China! Looking forward to visiting soon for the groundbreaking of Gigafactory Shanghai!
The company expects production to start two years after construction begins, placing a start date of somewhere around 2021. From there’ Musk expects it to take a further two to three years before it’s producing 500,000 cars per year.
One major issue that Tesla will be keen to avoid is the “production hell” that plagued the Model 3. A recent report revealed how Musk came to executives at the start of production and described an “alien dreadnought” factory, with robots seamlessly shifting parts at speed to fire out cars. Unfortunately, this highly-automated factory produced just over 200 cars in the last quarter of 2017 despite plans to produce 5,000 per week by December, and in April 2018 the company had radically shifted course to incorporate more humans in the process. Musk would later describe excessive automation as a “mistake” and humans as “underrated.”
What Has Elon Musk Said About Tesla Model Y?
Musk has been gradually hyping up the future vehicle more and more. At the company’s annual shareholder meeting, he described it as “something super special.” During the company’s earnings call in May, he described it as “a manufacturing revolution” compared to the Model 3.
“I’m pretty excited about how we’re designing Model Y, it’s really taking a lot of lessons learned from Model 3 and saying, ‘How do we design this thing to be easy to manufacture instead of difficult?’” he said during a February call.
BONUS: Learn what a Gigafactory is and how it will be instrumental to the production of the Model Y.
Media via Tesla, Inverse
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Uskudar (Scutari)
Üsküdar is located on the Anatolian side at the entrance to the Bosphorus. Historicaly Üsküdar was located between Salacak and Pasalimani neighborhoods, but it grew everyday like other districts of Istanbul. Today it stretches to Umraniye on the east, to Kadikoy in the south, and to Beykoz in the north.
Üsküdar was the third Muslim judgeship belonging to Istanbul, besides Galata and Eyüp. It represents Anatolian Turco-lslam tradition. First of all, Üsküdar is geographically Anatolian. It is located on the borders of Anatolia which is drawn by the waters of the Bosphorus. It also is Anatolian demographically. The Muslim people, who came from Anatolia, resided in Üsküdar after it was conquered by sultan Orhan Gazi in 1352. Sultan Mehmed the Conqueror speeded the immigration from Anatolia to Üsküdar. The famous Turkish traveler Evliya Çelebi, who lived in the 17th century, wrote that there were 70 Muslim neighborhoods in Üsküdar and most of the people had emigrated from Anatolia. He also stated that there were 11 Greek and Armenian, one Jewish, and no French neighborhoods in Üsküdar. This gave an ethnic and culturally homogeneous structure to Üsküdar.
Üsküdar is the section of Istanbul which has the strongest connection with Anatolia. It was the center of trade with Anatolia until the railway was installed in the 19th century with Haydarpasa train station. It was also the starting point for trade with Iran and Armenia. All Armenian and Iranian merchants arrived in Üsküdar with their trade caravans. Therefore Üsküdar became a trade town in the 16th and 17th centuries.
In spite of this fact, Üsküdar was always quiet and modest. Its streets and houses were nice and well maintained. Karacaahmet cemetery, the oldest and largest Muslim cemetery in Istanbul, is located in Üsküdar. There are many cypress trees in the cemetery, and with its vegetation it is more like a park than a cemetery.
Üsküdar is not only a point of separation where people live this life. Every year the people going to Mecca for pilgrimage were sent from Üsküdar. The Surre Alayi which brought the presents of the Ottoman Sultans to Mecca and Medina governors were sent from Üsküdar as well. Therefore, Üsküdar is used to separations; it sends both the dead and Hajj candidates with ceremony.
Üsküdar is the first part of Istanbul to be conquered by Ottomans. It was the messenger of the big conquest. It was separated from Istanbul for one century and one year. but in 1453 Üsküdar was once again united with Istanbul.
The Marmara Sea was not the cause of separation, but means of the transportation. When you travel from this sea to Üsküdar, Kizkulesi welcomes you first. This beautiful tower is one of the beauties and symbols of Üsküdar. When you reach the shore, another beauty welcomes you; this one is the Mihrimah Sultan Mosque, built by great architect Sinan who also built the Süleymaniye Mosque. The Sultan Ahmed III fountain, which beautifies the Üsküdar square, catches your attention, too. The beauties of Üsküdar captivates you even before reaching the shore, and they surround you afterwards.
Üsküdar has changed today, like the rest of Istanbul. Most notable is that nothing remains today of the shore-side palaces which were built in the 18th century. Its green hills have become cement blocks loosing its traditional architectural characteristics. Just a few of the street with wooden houses with balconies and bow-windows are still alive. But regardless of everything, Üsküdar has kept its quiet Anatolian atmosphere.
There are regular passenger ferries to Üsküdar from Besiktas and Karaköy.
Uskudar (Scutari) Images Galleries
Yeni Valide Complex at Uskudar
Mahmut Pasa Mosque (Uskudar) & Complex
Üsküdar Istanbul
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Sponsored and Cosponsored Legislation
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Senator James Lankford
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Senator Lankford Questions Attorney General Jeff Sessions During Intel Hearing
CLICK HERE to view the video
WASHINGTON, DC – Senator James Lankford (R-OK) released the following statement after questioning Attorney General Jeff Sessions during a Senate Intelligence Committee hearing:
“Our Intelligence Committee is investigating Russia’s level of interference in our election, whether any American helped the Russians in that endeavor, and what we must do to prevent interference in future elections. As we continue this investigation, I applaud Jeff Sessions for testifying before our Committee today and being open with us. The Attorney General’s willingness to be transparent not only benefits the federal government but also sends a message of assurance to the nation and the world. We will follow the facts wherever they lead. Today, the Attorney General testified under oath that he has recused himself from all aspects of the campaign investigation and he did not see or hear of any collusion with the Trump campaign and Russia.”
Transcript from hearing Q&A:
Senator Lankford: You speak as a man eager to set the record straight. You’ve spoken very plainly from the very beginning from your opening statement through this time. I am amazed at the conversations as if an attorney general has never said there were private conversations with the president. And we don't need to discuss those. It seems to be a short memory about some of the statements Eric Holder would and would not make to any committee in the House or the Senate. And would or would not turn over documents even requested that had to go all the way throughout court system to finally the courts saying, “No, the President cannot hold back documents and the Attorney General can’t do that.” Some accusation that you’re not saying every conversation about everything, there’s long history of Attorney Generals standing beside the President saying there are some conversations that are confidential. And can we determine from there. It does seem as well that every unnamed source story somehow gets a hearing. I was in the hearing this morning with Rod Rosenstein as we dealt with the appropriations request that originally obviously you were scheduled to be at that, Rod Rosenstein was taking your place to be able to cover. He was very clear and peppered with questions about Russia. During that conversation as well, he was very clear that he never had conversations with you about that. And that you have never requested conversations about that. He was also peppered with questions of the latest rumor of the day that is somehow the president is thinking about firing Robert Mueller and getting rid of him and very clear that Rosenstein himself said, “I'm the only one that could do that and I'm not contemplating that nor would I do that and no one has any idea what the latest unnamed source story of the day is coming from but somehow it is grabbing all the attention.” I do want to be able to bring up a couple things to you specifically. One is to define the word recuse. And I come back to your e-mail that you sent to Jim Comey and others that day on March 2nd. This is what you said in your e-mail. After careful consideration following meetings with career department officials over the course of the past several weeks, the Attorney General decided to recuse himself from any existing or future investigations of any matters related in any way to the campaign for President of the United States. The Attorney General's recusal is not only with respect to such investigations if any but also extends to the Department of responses to congressional and media inquiries related to such investigations. Is that something you have maintained from March 2nd on?
Attorney General Sessions: Absolutely, I maintained it from the first day I became Attorney General. We discussed those matters and I felt until and if I ever made a decision to not recuse myself, I should not an abundance of caution involve myself in studying the investigation or evaluating it. So I did not. I also would note that the memorandum from my chief of staff directs these agencies and one of the people directly it was sent to was James B. Comey, Director of the FBI. You should instruct members of your staffs to not to brief the attorney general or any other officials in the Office of the Attorney General about or otherwise involve the Attorney General or other officials in the Office of the Attorney General in any such matters described above.
Senator Lankford: And you requested that?
Attorney General Sessions: We took proper and firm and crystal clear position of that recusal meant recusal.
Senator Lankford: Relating to this April 27th meeting, non-meeting in the same room, at the same time. The National Interest was asked specific by this as well who was the host of that event. They stated this in writing. "As the host, the Center for National Interest decided whom to invite and then issued the invitations. The Trump campaign did not determine or approve the invitation list. Guests of the event included both Republicans and Democrats with some of the lighter supporting other candidates. Most of the guests Washington-based foreign policy experts and journalists, Center for National Interest invited Russian Ambassador Kislyak and several other ambassadors to the speech. We regularly invite ambassadors and other foreign representatives to our events to facilitate dialogue." Then they said, "We seated all four in the front row during the speech in deference to the diplomatic status. The Trump campaign had nothing to do with the seating arrangement. The Center for National Interest extended equal treatment of the four ambassadors attending the event and invited each to a short reception prior to the trump speech. It includes approximately two dozen guests in a receiving line. The line moved quickly and any conversations with Mr. Trump in that setting were inherently brief and could not be private. Our recollection is, the interaction with Mr. Trump and Ambassador Kislyak was limited to polite exchange and pleasantries. Appropriate on such occasions, we are not aware of any conversations with Ambassador Kislyak and Senator Jeff Sessions at the reception. However, in a small group setting like this one, we consider it unlikely that anyone would have engaged a meaningful private conversation without drawing attention from others present. Do you have any reason to disagree with that?
Attorney General Sessions: No, I think that's a very fair description of the reception situation. I appreciate them having made that statement.
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Joseph H. Karlin
E: jkarlin@lernerdavid.com
Joseph Karlin, an associate, focuses his practice on patent counseling and procurement. He has experience preparing and prosecuting U.S. and foreign patent applications in a broad range of technologies, including medical devices, manufacturing equipment, consumer product packaging, electrical devices, optical devices, cryogenics, computer software, business methods, and others. He also has experience performing freedom-to-operate and patentability research, as well as trademark procurement.
Mr. Karlin received his mechanical engineering bachelor’s and master’s degrees at the Massachusetts Institute of Technology (M.I.T.), where he wrote theses on adaptive learning control of a robotic arm and 3-D laser imaging of sheet metal. He further developed his engineering experience while working at the Ford Motor Company as a Product Design Engineer, primarily in the Light Truck Division.
Mr. Karlin received his M.B.A. at the Massachusetts Institute of Technology (M.I.T.) Sloan School of Management, where he focused his study on strategic management and finance. He further developed his business experience and judgment as a management consultant at Booz Allen Hamilton.
Mr. Karlin’s engineering, business, and legal perspective allows him to help clients develop and protect their intellectual property rights, with an eye towards achieving the strongest patent protection and developing a portfolio that best fits a client’s competitive business strategy.
Patent Procurement
2007, Pennsylvania
2008, United States Patent & Trademark Office
J.D., magna cum laude, Temple University Beasley School of Law, 2007; Member, Temple Law Review
M.B.A., Management & Finance, MIT Sloan School of Management, 2000
M.S., Mechanical Engineering, Massachusetts Institute of Technology, 1995
B.S., Mechanical Engineering, Massachusetts Institute of Technology, 1994; Member, Pi Tau Sigma and Tau Beta Pi
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David H. Lamb, MD, FACS
University of Alabama School of Medicine, Birmingham, Alabama
Mayo Graduate School of Medicine, Rochester, Minnesota (General Surgery); University of Illinois Graduate School of Medicine, Chicago, Illinois (Urologic Surgery)
Board Status
A graduate of the University of Alabama in Huntsville, with a bachelor’s degree in physical organic chemistry, Dr. Lamb earned his medical degree at University of Alabama School of Medicine in Birmingham. He went on to complete a general surgery residency at Mayo Graduate School of Medicine in Rochester, Minnesota, and a urology residency at the University of Illinois Graduate School of Medicine in Chicago.
Dr. Lamb is a diplomate of the American Board of Urology and the National Board of Medical Examiners. A fellow of the American College of Surgeons, he is a member of the American Urological Association, the Southeastern Section of the American Urological Association, and the South Carolina Urological Association, among others. His leadership at these and other professional organizations has advanced the field of urology. In addition to these accomplishments, Dr. Lamb is a former chief of staff at Lexington Medical Center and past president of the South Carolina Urological Association.
Dr. Lamb previously worked in private practice, providing comprehensive urologic care to patients in the Midlands at Carolina Urology Partners in West Columbia, South Carolina. He has more than 30 years of experience evaluating, diagnosing and treating urologic conditions and disorders, and specializes in general urology, urologic oncology, stone disease, female urology and sexual dysfunction.
Dr. Lamb proudly joins the board-certified physicians at Lexington Urology to provide comprehensive urologic care and advanced treatments for urologic conditions, including robotic and minimally invasive surgery. As the newest physician practice in the Lexington Medical Center Network of Care, Lexington Urology combines the most advanced medicine and state-of-the-art technology with compassionate care to help patients achieve the best possible outcomes.
American Board of Urology, Diplomate
National Board of Medical Examiners, Diplomate
American Association of Clinical Urologists
American College of Surgeons, Fellow
American Urological Association, Southeastern Section
Lexington Medical Association
Sigma Xi
South Carolina Medical Association
South Carolina Urological Association
Southern Medical Association
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Bald eagle that was struck by car has died
PUBLISHED: September 11, 2017 at 6:42 am | UPDATED: July 27, 2018 at 5:30 am
VIRGINIA BEACH, Va. (AP) A bald eagle that was struck by a car at a golf course in Virginia has died.
News outlets report the bald eagle called HK died in surgery Saturday after being hit by a car at the Honey Bee Golf Course in Virginia Beach on Sept. 1.
HK was taken to the Wildlife Center of Virginia in Waynesboro, where the veterinary team noted the blood flow to HK’s fractured leg was not improving, despite a series of therapies.
The center said in a news release that Dr. Ernesto Dominguez decided to do a procedure to relieve the pressure on the injured leg. HK died under anesthesia despite several minutes of CPR.
HK became the fourth bald eagle from Virginia Beach this year to die after an injury.
Novato High School students ace national poetry contest
SMART to build safety barriers after fatal train strikes
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Gender in social innovation
Changing our idea of the role of women
Last month, the Right Honourable Kim Campbell was presented with the EVE award which recognizes women for their significant achievements in politics. At the event, Campbell spoke of the necessity of women in politics but was mindful of the barriers in place that prevent this from happening. She recalled her political career and her rise to the most powerful and respected political position in Canada while acknowledging that it was not always easy.
We may want to believe we are gender neutral when it comes to getting the best person for the job but it’s not always the case. The gender issue has always been contentious for professions that fall outside the stereotypical female roles, particularly when women are negotiating a space they traditionally haven’t occupied yet. SiG@MaRS works with many female social entrepreneurs who are creating a new path that benefits them and Canadian society. To celebrate them and the other “fearless women” who are making a difference, SiG@MaRS is holding an evening held at the Tarragon Theatre featuring Judith Thompson’s play, Body & Soul. At this event SiG@MaRS will be announcing the Ontario Trillium Foundation funding of the feasibility study for the School for Social Entrepreneurs, which will promote female entrepreneurs.
For the play, Body and Soul, Judith Thompson worked with a cast of 12 real Canadian women between the ages of 45 and 78. Body & Soul played to sold out houses and standing ovations for its entire run at the Young Centre in 2008. Now this play about the second half of a woman’s life is back and will be performed at the Tarragon Theatre in Toronto from June 4th-21, 2009.
The play was developed through a unique partnership with Dove, as part of Dove’s “Campaign for Real Beauty”, and fueled by a desire to change the way society looks at aging. The production itself represents social entrepreneurship: from Dove, which took a deeply creative approach to corporate social responsibility; and from Judith Thompson – a theatre practitioner and academic, recognized for her artistic achievements – and as an artistic collaborator, who has used her talents to bring many social issues to life on the stage through her plays.
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Home Page > Villa > Property for sale in the province of Pavia
Luxurious villa for sale in Pavia
Property for sale in the province of Pavia
price € 2.000.000
Area in metres700 sqm
37 photos HD
Villa for sale in Pavia
Region: Lombardy
Province: Pavia
Area: Oltrepò Pavese
Internal surface: 700 m2
External surface: 13,000 m2
Type: Villa
Main villa
Outbuilding
Pavia 20 km – Piacenza 35 km – Milan 60 km – Como 100 km – Milan Malpensa Airport 108 km
In the province of Pavia, in an exclusive, elevated position, there is this property for sale with a panoramic view of the surroundings and the Alps.
The access to this villa features a long avenue with cypresses leading to the main villa on top, together with the spaces dedicated to it.
This three-storey villa measures over 700 m2 and, besides being a private home, may also be adapted to different uses.
On the ground floor there is the living area, which includes a spacious entryway, a hall, a kitchen, and a big veranda; on the other two floors there is the sleeping area: on the first there are three bedrooms, a study, and a mezzanine overlooking the hall below, on the second and last floor there are two bedrooms and two sitting rooms. Each floor is conveniently served by an elevator and a staircase.
Besides the main villa, there is also a smaller villa for guests or staff.
Furthermore, this estate for sale is surrounded by a garden measuring approximately 13,000 m2, has perfectly organized spaces and is home to a spectacular swimming pool.
Its high-quality details and finishings make it perfect for our most demanding and sophisticated clients
This estate is in the Oltrepò Pavese, a very lively area that is full of events, especially in the summer; it is also close to Pavia, Piacenza, and Milan.
- Pavia
Pavia is the most densely populated city in Lower Lombardy and was also the capital of the Lombard Kingdom. Its ancient origins and important past have left a very important artistic and cultural heritage in Pavia. Among its main tourist attractions, there are: the museum inside the “Castello Visconteo”, San Pietro in Ciel d'Oro, the Cathedral, the Malaspina art gallery, and the famous Ponte Coperto (covered bridge) over the Ticino river. Just a few kilometres from the city there is the “Certosa di Pavia”, a historic complex which includes a monastery and a sanctuary.
Pavia and its province are mainly dedicated to wine, cereal, and rice production. There are few industries, but it is very famous in Europe for its University dating back to the Middle Ages.
Furthermore, its proximity to Milan, a regional capital full of history and important religious, civil and military buildings, makes this location even more desirable.
wonderful villa for sale in crespi d'adda
This wonderful Art-Nouveau villa is located in the renowned village of Crespi D'adda, a UNESCO World Heritage Site.
€ 1.800.000 Lombardy - Bergamo Ref. 3987
magnificent villa for sale in the province of bergamo
This stunning luxury villa for sale is located in the province of Bergamo, in a panoramic position between the rich green hills of Lombardy and vineyards.
wonderful luxury villa for sale on lake como
This lovely villa for sale is in a dream location on the shores of Lake Como, an enchanting and renown place of Northern Italy
2,5m to 5m Lakes - Lombardy - Lecco Ref. 1585
luxury villa for sale in varese
This splendid luxury villa for sale is located in the province of Varese, not far from Lake Maggiore, is built in Liberty style.
€ 2.200.000 Lakes - Lake-Maggiore - Lombardy Ref. 0882
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At school, Saul quickly acquires a reputation for being Zhaunagush because he already knows how to speak and read English. Most of his classmates come from Indigenous Canadian communities far away from the river, meaning that they’ve had no contact with the white man.
Because the river where Fish Clan people lived was an important thoroughfare for trade and travel, Saul had contact with white settlers earlier on in life than his classmates.
The children at school are beaten for infractions as simple as uttering Indigenous Canadian words. One ten-year-old boy is punished for speaking his own language by having his mouth washed out with lye—he chokes on the lye and dies. Saul doesn’t receive as many beatings as his peers receive, since he’s good at English.
Children endure grotesque, sadistic punishments that seem designed to hurt them and instill fear in them rather than to educate them.
Saul is miserable at school. Instead of talking to his peers, he stays by himself at all times. His only comfort is reading. Even though the books are written in Zhaunagush, they allow him to temporarily escape from the confines of the school into the world of his books. His teachers interpret his reading as a sign of studiousness, and encourage him to keep it up.
Saul begins to take comfort in reading because it helps him transcend his miserable environment. His love for reading is also perhaps an early indication of his own penchant for storytelling, an important tradition in his own culture.
One of Saul’s classmates is a boy named Arden Little Light, who always has a runny nose and wipes it with his sleeve. To break him of this “bad habit,” Arden’s teachers tie his hands behind his back, so that he sits in class with snot running down his face. He’s six years old. One cold morning, the teachers find his dead body: he has hanged himself. Arden is then buried in a graveyard outside the school.
Many of Saul’s classmates die at school, often because of the teachers’ horrific punishments. In this sense, the school system is not just a part of the cultural genocide being wrought against Indigenous Canadians—it’s a part of the actual, ongoing genocide of Saul’s people.
Get the entire Indian Horse LitChart as a printable PDF.
Sheila Jack is another one of Saul’s classmates. Sheila was trained by her family to become a great shaman, and she’s a beautiful, proud girl. But after a couple months in school, she becomes quiet and frightened. Her teachers beat her for failing to memorize the Christian catechism. One day, the nuns find Sheila sitting in a bog, giggling. She’s later taken away to an insane asylum.
Sheila’s story is yet another example of an Indigenous person with a strong and proud tradition being broken by the imperialist white Christians who claim to be “saving” her and others like her.
Shane Big Canoe, another one of Saul’s classmates, is desperate to run away from school. To prevent him from doing so, the staff lock him in a basement for ten days. When he’s released, he’s not the same, and he can’t stand to sleep in the dark. In all, Saul concludes, school “scraped away at us, leaving holes in our beings.”
Saul’s account of life at St. Jerome’s paints a miserable picture of the impact of the Indian Act on the Indigenous people of Canada: it had the effect of breaking the community’s spirit and undermining the cohesion of their culture and traditions (in fact, many have argued that it was intended to do exactly this).
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Apple Unveils Music: Streaming Music, Internet Radio, Artist Connections
Jun 8th, 2015 3:31 PM EDT
As if OS X El Capitan, iOS 9, and watchOS 2 weren't enough for Apple's Worldwide Developer Conference keynote event, the company also unveiled Apple Music. The company called Apple Music a revolutionary music service, a 24/7 global radio service, and a way to connect fans with artists.
Apple Music set to launch later in June
Apple's Jimmy Iovine took the stage to talk about Apple Music and said it's going to be big for music fans as well as up and coming artists. He said,
Can you imagine being an up-and-coming artist able to share your music on the biggest platform in the world? This is an ecosystem, it's built to fit together. When you upload music to Apple Music, anything can happen.
Apple Music includes playlists curated by Apple's own team of experts to add the emotional touch typical music selection algorithms can't match. In other words, it's all about human curation.
The radio part of Apple Music is more like actual radio in that it includes DJs playing music instead of automated song lists. Apple is calling its worldwide online radio station Beats 1. The service is managed by Zane Lowe, formerly of BBC Radio 1 and includes top name DJs around the world.
Apple also rolled in some serious Siri support so you can request songs in a more general way such as, "play the song from Selma." You can also ask for songs by name, request top song lists for specific time frames, and more.
Apple Music will be available later this month in 100 countries when iOS 8.4 is released. It will bring with it new versions of iTunes for OS X and Windows, and later this fall Android OS, too.
Pricing is set at US$9.99 a month with the first three months free, or $14.99 a month for families of up to six people.
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Heath Robinson: How to Make a Garden Grow (Hardcover)
W.Heath Robinson, K. R. G. Browne
R232 R182 Discovery Miles 1 820 Save R50 (22%)
Shipped within 7 - 12 working days
Ever wondered how to make a garden attractive in December? Or what to do with that corner by the dustbin? Answers to these questions can be found in this compact and charming book of tips for the green-fingered, accompanied by Heath Robinson's highly inventive and humorous cartoons. First published in 1938, the book gives an insight into gardening trends on the eve of the Second World War while also addressing common concerns faced by gardeners. It features many typically elaborate contraptions such as the Combined Telescopic Spaderake for digging and raking at the same time, the Inebriate Roller for making wobbly garden paths and the Osoeezi Slugsticker. While some are patently ridiculous - a lawn is de-thistled and resown with the help of a barrel of grass seed strapped onto a small donkey - others are before their time, such as a special pump that can divert your bathwater into your garden hose, a contraption that is not wildly dissimilar to gadgets on the market today. Finally, the growing of vegetables inspires some sage advice: `with the right kind of upbringing, a marrow will attain astonishing dimensions, and can be used for boasting purposes.' Poking gentle fun at a British obsession with a detailed illustration on almost every page, this book will delight both aspiring and experienced gardeners alike.
Heath Robinson's Home Front - How to Make Do and Mend in Style (Hardcover, 2nd edition)
W.Heath Robinson, Cecil Hunt
How does one play bridge in a gas mask? Or enjoy motoring without consuming petrol? Or deal with a nationwide shortage of pea-sticks? For this compact little book Heath Robinson joined forces with writer Cecil Hunt to show civilians `how to make the best of things' during the air raids, rationing, allotment tending and blackouts of the Second World War. The result is a warm celebration of the British population's ability to `make do and mend'.
Heath Robinson's Second World War - The Satirical Cartoons (Hardcover, 2nd edition)
W.Heath Robinson; Introduction by Geoffrey Beare
Soldiers disguised as a herd of cows, cork bath mats for troops crossing streams and a tank with a piano attachment for camp concerts are just some of the absurd inventions to be found in this book of cartoons designed to keep spirits up during the Second World War. These intricate comic drawings poke gentle fun at both the instruments of war and the indignity of the air-raid shelter in Heath Robinson's inimitable style.
Heath Robinson's Golf - Classic Cartoons and Ingenious Contraptions (Hardcover, 2nd edition)
W.Heath Robinson
W. Heath Robinson is best known for his hilarious drawings of zany contraptions, though his work ranged across a wide variety of topics covering many aspects of British life in the decades following the First World War. Starting out as a watercolour artist, he quickly turned to the more lucrative field of book illustration and developed his forte in satirical drawings and cartoons. He was regularly commissioned by the editors of Tatler and The Sketch and in great demand from advertising companies. Collections of his drawings were subsequently published in many different editions and became so successful as to transform Heath Robinson into a household name, celebrated for his eccentric brand of British humour. A collection of full-page cartoons on the hapless antics of the portly golfer and his long-suffering caddie, including `How Noah Managed to Keep his Hand in during the Flood', the `Origin of Plus Fours', the multiple meanings of `an Awkward Lie' and the highly amusing invention of `Pogo Golf': a gem for the golf enthusiast.
Heath Robinson: How to be a Motorist (Hardcover, 2nd edition)
W.Heath Robinson, K. R. G. Browne 1
W. Heath Robinson is best known for his hilarious drawings of zany contraptions, though his work ranged across a wide variety of topics covering many aspects of British life in the decades following the First World War. Starting out as a watercolour artist, he quickly turned to the more lucrative field of book illustration and developed his forte in satirical drawings and cartoons. He was regularly commissioned by the editors of Tatler and The Sketch and in great demand from advertising companies. Collections of his drawings were subsequently published in many different editions and became so successful as to transform Heath Robinson into a household name, celebrated for his eccentric brand of British humour. Presenting such innovations as the `Zip-Opening Bonnet', the `Duo-car for the Incompatible' and the handy `New Rear Wheel Gear for Turning the Car in One Movement', this volume of Heath Robinson illustrations with commentary by K.R.G. Browne will appeal to `everybody who is ever likely to drive, be driven in, or get run over by a mechanically propelled vehicle'.
Heath Robinson's Great War - The Satirical Cartoons (Hardcover, 2nd edition)
W. Heath Robinson is best known for his hilarious drawings of zany contraptions, though his work ranged across a wide variety of topics covering many aspects of British life in the decades following the First World War. Starting out as a watercolour artist, he quickly turned to the more lucrative field of book illustration and developed his forte in satirical drawings and cartoons. He was regularly commissioned by the editors of Tatler and The Sketch and in great demand from advertising companies. Collections of his drawings were subsequently published in many different editions and became so successful as to transform Heath Robinson into a household name, celebrated for his eccentric brand of British humour. Heath Robinson drew many cartoons lampooning the excesses of the First World War and poking fun at the German army, bringing welcome comic relief to British soldiers and civilians. This book presents his complete First World War satire, from ridiculous weapons such as `Button Magnets' to aeronautical antics and a demonstration of how to have a `Quiet Cup of Tea at the Front.'
Heath Robinson: How to Live in a Flat (Hardcover, 2nd edition)
W. Heath Robinson is best known for his hilarious drawings of zany contraptions, though his work ranged across a wide variety of topics covering many aspects of British life in the decades following the First World War. Starting out as a watercolour artist, he quickly turned to the more lucrative field of book illustration and developed his forte in satirical drawings and cartoons. He was regularly commissioned by the editors of Tatler and The Sketch and in great demand from advertising companies. Collections of his drawings were subsequently published in many different editions and became so successful as to transform Heath Robinson into a household name, celebrated for his eccentric brand of British humour. The perfect antidote to the estate agent's property description, this book, with illustrations by Heath Robinson and a witty commentary by K.R.G. Browne, shows you how to prove there is room to swing a cat in your living-room and offers many inventive space-saving solutions, such as the `Combination Bath and Writing Desk for Business Men', the `Bed Dining-table' and the `Dresser-Piano'.
Heath Robinson: How to be a Perfect Husband (Hardcover)
W.Heath Robinson, K. R. G. Brown 1
What makes a perfect husband? In this tongue-in-cheek guide, illustrated by Heath Robinson's inimitable cartoons and contraptions, there are many charmingly old-fashioned tips for how to succeed in almost all aspects of married life. First published in 1937, this delightful book gives an insight into how the roles of both wife and husband were viewed at the time and pokes gentle fun at them both. The perfect husband presses his own trousers; he can tend the lawn and entertain the baby simultaneously by means of two simple attachments to the garden roller; he can peel onions behind his back, with the help of a mirror, and thus avoid tears; he can make a vacuum cleaner and he even has a device to help him climb the stairs silently after a late night out with the boys. When offered the choice of a glass of milk or a Manhattan, he will choose the former. With chapters on courtship and proposal, the wedding, early married life, bringing up children, sports and hobbies, domestic difficulties and middle age, this book makes a highly amusing gift for those who are considering tying the knot or wish to celebrate wedded bliss.
Fairy Tales (Paperback, New edition)
Hans Christian Andersen; Illustrated by Charles Robinson, Thomas Heath Robinson, W.Heath Robinson
R71 R60 Discovery Miles 600 Save R11 (15%)
Hans Christian Andersen is the best-loved of all tellers of fairy tales. This collection of over forty of Andersen's most popular stories includes The Mermaid, The Real Princess, The Red Shoes, The Little Match Girl, The Snow Queen, The Tinder Box, The Ugly Duckling and many more. It is delightfully illustrated in black-and white by those remarkable brothers, Charles, Thomas and William Heath Robinson
Hans Christian Andersen's Fairy Tales - An Illustrated Classic (Hardcover)
Hans Christian Andersen; Illustrated by Arthur Rackham, W.Heath Robinson, Harry Clark
Hans Christian Andersen's fairy tales are known for appealing characters who overcome adversity, making the stories accessible to readers of all ages. From "Thumbelina" and "The Princess and the Pea" to "The Little Mermaid" and "The Traveling Companion," these 18 tales are not only entertaining but enlightening too. Included are 26 full-page color drawings by acclaimed illustrators Arthur Rackham, W. Heath Robinson, and Harry Clarke—along with dozens of pen-and-ink images—that add a soft artistic touch to the stories, making this volume a treasured keepsake.
- Textured cloth cover features intricate foil stamping and a full-color illustration
- A ribbon bookmark ensures that you never lose your place
A Midsummer Night's Dream (Hardcover)
William Shakespeare; Illustrated by W.Heath Robinson
R628 R440 Discovery Miles 4 400 Save R188 (30%)
William Heath Robinson was a member of a family of artists that included brothers Thomas and Charles. From the half title, frontispiece, and title page, to the playful two-page spread that closes the book, this is a treatment of the play that will surprise and delight the eye on nearly every page.
Railway Ribaldry - Being 96 pages of railway humour (Hardcover)
First published for the centenary of the Great Western Railway in 1935, 'Railway Ribaldry' is an affectionate and humorous look at life on board the company's famous trains, incorporating some of William Heath Robinson's own trademark madcap contraptions. Featuring almost 100 cartoons - including amusing takes on the varied duties of railway police, the first 'ladies only' carriage and countless 'ingenious plans' and inventions - it is the perfect gift for any railway enthusiast.
Bill the Minder (Paperback)
R197 Discovery Miles 1 970
Old-Time Stories (Paperback)
Charles Perrault; Illustrated by W.Heath Robinson; Translated by A.E. Johnson
A Song of the English (1909). by - Rudyard Kipling, Illustrated By: W. Heath Robinson: William Heath Robinson (31 May 1872 - 13 September 1944) Was an English Cartoonist and Illustrator. (Paperback)
Rudyard Kipling, W.Heath Robinson
Hans Andersen's Fairy Tales - Illustrated by W. Heath Robinson (Paperback)
Hans Christian Andersen; Illustrated by W.Heath Robinson
The Complete Poems of Edgar Allan Poe - Fully Illustrated Version (Paperback)
Edgar Allan Poe; Illustrated by W.Heath Robinson
A Song of the English (Illustrated) (Paperback)
Rudyard Kipling; Illustrated by W.Heath Robinson
Stories from the Iliad Or, the Siege of Troy - Told to the Children (Paperback)
Jeanie Lang; Illustrated by W.Heath Robinson
Stories from the Odyssey - Told to the Children (Paperback)
Cinderella - Or the Little Glass Slipper (Paperback)
Henry W. Hewet; Illustrated by W.Heath Robinson, Robert Barnes
R98 Discovery Miles 980
Cinderella by Henry W Hewet. (Text as it was first published in 1855) "HERE once lived a gentleman and his wife, who were the parents of a lovely little daughter. When this child was only nine years of age, her mother fell sick. Finding her death coming on, she called her child to her and said to her, "My child, always be good; bear everything that happens to you with patience, and whatever evil and troubles you may suffer, you will be happy in the end if you are so. " Then the poor lady died, and her daughter was full of great grief at the loss of a mother so good and kind. " About the Author Henry W. Hewet is somewhat of an enigma in that it has been difficult to find any biographical material to explain who or what he really was. However, after much searching, it seems that Henry W Hewet may have had several vocations such as an engraver, editor and possibly a publisher. Throughout history. Henry W. Hewet is attributed on a number of works, which are mostly Fairy Tales such as Cinderella, Little Red Riding Hood. Puss in Boots, and such like. He has also been involved with historical works and several Shakespeare plays. Today, Henry W. Hewet is mostly remembered as the author of a number of Fairy Tales - usually 'Cinderella' - when actually he was just the engraver
The Poems of Edgar Allan Poe (Paperback)
Edgar Allan Poe; Illustrated by W.Heath Robinson; Introduction by H. Noel Williams
This scarce antiquarian book is a selection from Kessinger Publishing's Legacy Reprint Series. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment to protecting, preserving, and promoting the world's literature. Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with something of interest for everyone!
A Song of the English (1912) a Song of the English (1912) (Paperback)
This scarce antiquarian book is a selection from Kessinger Publishing's Legacy Reprint Series. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment to protecting, preserving, and promoting the world's literature. Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with something of interest for everyone
Mediaeval Stories (1902) (Paperback)
Henrik Shuck; Illustrated by W.Heath Robinson; Translated by W. F Harvey
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Reebok Wrist Weights - 1Kg
R309 R270 Discovery Miles 2 700
Gotcha Watch (Black & Grey)
LeapFrog App Centre Download Card
Joseph Joseph Index Mini (Graphite)
Rehidrat (Orange | 1 Sachet)
R14 R12 Discovery Miles 120
Softlips Tinted Lip Conditioner - Pearl…
Blu-ray disc (6)
Khutaza Park, Bell Crescent, Westlake Business Park. PO Box 30836, Tokai, 7966, South Africa. info@loot.co.za
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Emerald Starling
Exhibit(s): McCormick Bird House
Random Flickr photos from the album Emerald Starling by Lincoln Park Zoo
6 years ago by Lincoln Park Zoo Emerald Starling
15 years ago by Lincoln Park Zoo
Named for its vibrant colors, the emerald starling has green, iridescent feathers on its chest and wings and purple markings on the belly and around the eyes.
Emerald Starling Fact Sheet
Lamprotornis iris
Common. Lincoln Park Zoo cooperatively manages emerald starling populations with other institutions in the Association of Zoos and Aquariums.
Open savanna and woodlands
The emerald starling catches insects in flight and also uses its strong beak to probe for insects and seeds in soil and heavy vegetation. In the wild, the species lives in flocks of 15-20 members; these flocks occasionally gather to form larger groups.
The emerald starling locates its nest in small holes found in tree stumps or trunks. The male and female cooperate in building the nest from leaves, and both bring food to chicks after they hatch.
Females possess a brood patch—a spot on their stomach lacking feathers—that helps them transfer body heat to their eggs.
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Prince William meets Derbyshire man involved in Thai cave rescue
Peter Dell , who met Prince William after his involvement in the Thai cave rescue.
Ed Dingwall
A cave rescue expert was invited to Buckingham Palace last week in recognition of his role in a story which gripped the world this summer.
Prince William met with print-worker Peter Dell, 62, and cave rescue colleagues from across the country on Tuesday, October 16.
Peter with one of the Hey phones which were used in the rescue.
The event was held to thank all those who had contributed to the incredible operation which saved 12 young Thai footballers and their coach when they were trapped in a flooded cave in June.
Peter, from Darley Dale, said: “I was quite surprised to get an invite and a bit apprehensive but the prince was really nice. He spoke with everyone personally and thoroughly about our roles in the rescue. He told me that he had been caving once, and wasn’t sure he could ever do it again.”
As the equipment officer for Derbyshire Cave Rescue, based in Buxton, Peter’s role in the story was brief but crucial.
He said: “I think I’d heard the story on the news when it first broke, but didn’t think too much more of it.
“Then I got a call out of the blue from the British Cave Rescue Council, asking to borrow some of our equipment.”
Derbyshire has one of the largest volunteer rescue teams in the country, so it also has one of the largest stocks of spare gear - used on an average seven incidents a year.
Peter said: “They needed dive bottle switches and the specialist radios we use to contact teams underground. I rushed out of work and up to Buxton to get it all together.
“Then the police transported it down to Heathrow where the rescue team was getting on a flight that night. It was the very first load of equipment to arrive on the ground.”
He added: “The cave rescue community is quite small, so I knew a few of the guys involved but, after that, I was watching the drama unfold in the media with everyone else.”
The dive bottle switches allowed for the 100-plus divers on site to swap oxygen bottles during the three-mile journey through the cave, while the radios helped to keep contact with the trapped boys.
Peter said: “We only ever got three phones back. The other is still sat in the cave, probably water-logged and dead.”
Peter and rescue colleagues were also invited to meet the Thai ambassador on Monday, October 22.
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Matthew R. McKay
Department of Electronic and Computer Engineering (ECE) and
Department of Chemical and Biological Engineering (CBE)
Ahmed Abdul Quadeer, Research Associate
Laureano Moreno Pozas, Post-Doctoral Fellow
Muhammad Saqib Sohail, PhD Student (Hong Kong Postgraduate Fellowship), 2013 -
Nicolas Auguin, PhD Student, 2014 -
Syed Muhammad Umer Abdullah, PhD Student (Hong Kong Postgraduate Fellowship), 2016 -
Syed Faraz Ahmed, PhD Student (Hong Kong Postgraduate Fellowship), 2016 -
Neelkanth Kundu, PhD Student (Hong Kong Postgraduate Fellowship), 2018 -
Syed Awais Wahab Shah, PhD Student (Hong Kong Postgraduate Fellowship), 2018 -
Hang Zhang, PhD Student, 2018 -
Prathapasinghe Dharmawansa, Post-Doctoral Fellow, 2007 - 2011.
Subsequent position: Post-doc and Lecturer at Stanford University, Statistics Department; now Senior Lecturer at University of Moratuwa, Sri Lanka
Liang Sun, PhD student, 2007 - 2010.
Subsequent position: NEC Labs; then Alcatel-Lucent Bell Labs; then post-doc at University of British Columbia, Canada; now Assistant Professor at Beihang University, Beijing, China
Shen Shuo, MPhil student, 2008 -2010.
Subsequent position: Asset Management, Hong Kong
Li Shang, MPhil student, 2010 - 2012.
Subsequent position: Ph.D. student at Columbia University, New York; now at AT&T Labs, New Jersey
Liu Ying, PhD student, 2008 - 2013.
Subsequent position: Post-doc at Technische Universitat Darmstadt, Germany; now Team Leader at AVL (automotive company), Regensburg, Germany.
Yueping Wu, PhD student, 2008 - 2013.
Subsequent position: Post-doc at Imperial College, London; now Senior Engineer at ASTRI, Hong Kong
Xi Zhang, PhD student, 2010 - 2014.
Subsequent position: Huawei Technologies, Chengdu, China
Yu Jian, MPhil student, 2011 - 2013.
Subsequent position: Huawei Technologies, Shenzhen, China
Damien Passemier, Post-Doc, 2012 - 2014 .
Subsequent position: Quantitative analyst at Smartalpha, a hedge fund in Hong Kong; now working for TAS Services, a horse-racing predictive modelling company in Hong Kong
Ahmed Abdul Quadeer, PhD student, 2012 - 2016.
Subsequent position: Research Associate in our group
Raymond H. Y. Louie, Research Assistant Professor, Junior Fellow of HKUST's Institute for Advanced Study, 2013 - 2018.
Subsequent position: Postdoctoral fellow at Viral Immunology Systems Program (VISP), Kirby Institute, University of New South Wales, Australia
David Morales-Jimenez, Research Assistant Professor, 2014 - 2018.
Subsequent position: Lecturer (Assistant Professor) at Queen's University Belfast, EEECS
Liusha Yang, PhD Student, 2012 - 2018.
Etienne Leloup, 08/2017 - 12/2017, Centrale-Supelec, France
Kevin Kaczorowski, 08/2016 - 09/2016, Massachusetts Institute of Technology, USA
Laureano Moreno Pozas, 01/2016 - 07/2016, University of Malaga, Spain
Ali Aliyari, 07/2015 - 10/2015, Sharif University of Technology, Iran
Qi Zhang, 06/2014 - 12/2014, Nanjing University of Post and Telecommunications, China
Andrew Thornburg, 05/2014 - 08/2014, University of Texas at Austin, USA
Junjie (Jason) Zhu, 07/2013 - 08/2013, Olin College of Engineering, USA
Effariza Hanafi, 11/2012 - 12/2012, University of Canterbury, New Zealand
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Baxter Elementary
Irvin Elementary
Longbranch Elementary
McClatchey Elementary
Mt. Peak Elementary
Vitovsky Elementary
Frank Seale Middle School
Walnut Grove Middle School
Midlothian High School
About FSMS
Mr. Frank Seale
Frank Seale was born and reared in Bryan, Texas and is a product of the Bryan I.S.D. He attended Allen Academy Junior College on a basketball and baseball scholarship. In 1958 he was named Junior College Athlete of the year. He attended Texas A&M University where he was a Distinguished Student in 1960 and 1961. He graduated from Texas A&M in January 1961 and received his Masters in Education from Sam Houston State University in 1964.In 1974 Mr. Seale became the principal of J.R. Irvin Middle School. He served as principal in that building for twelve years. In 1986 he helped open the new Midlothian Middle School building and served as principal for seven years. During those seven years, M.M.S. received the State Board of Education Exceptional Achievement Award in 1986, 87, 88, 89 and 90. In 1991 M.M.S. was awarded the Governor's Award for Exemplary Performance and in 1992 and 93 the school received the Governor’s Certificate for Outstanding Performance. Mr. Seale retired from M.I.S.D. on July 2, 1993.During his nineteen years as a principal in Midlothian, Mr. Seale was an active member of the community. He was a member of the First Methodist Church where he served as chairman of the church board and chairman of the Lord’s Acre Sale. He served as Rotary Club president for two different terms and also served as secretary of the club for ten years. Other committees he served included president of the Civic Center Board for five years, Library Board, Advisory Board for the Senior Citizens Association, Board Member of the Sardis-Lone Elm Water District, Pee-Wee football coach for four years and Summer League baseball coach for ten years.Mr. Seale began his teaching career at the Allen Military Academy in Bryan during the spring of 1961. In the fall of 1961 he began teaching at University Junior High in Austin, Texas. He taught and coached at U.J.H. for four years and served as assistant principal in the spring of 1965. In the fall of 1965, Mr. Seale went to Stephen F. Austin High School in Austin as the head baseball coach and assistant football coach. Mr. Seale taught and coached at Austin High School for nine years.He was also a member of the Texas Association of Secondary School Principals, Texas Middle School Association, Texas State Teachers Association, Texas High School Coaches Association, and was selected as a charter member of the Texas School Improvement Initiative Peer Evaluator Team by the Texas Education Agency
700 George Hopper Rd., Midlothian, TX 76065972-775-6145972-775-1502
Midlothian ISD is fully accredited by the Texas Education Agency. Midlothian ISD is not responsible for the content of sites hosted on outside webservers.
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Restoring and Modernizing Social Security through Sustainable Reform
Testimony Before the House Committee on the Budget
Jason J. Fichtner
Former Senior Research Fellow
Good morning, Chairman Price, Ranking Member Van Hollen, and members of the committee. Thank you for inviting me to testify today.
My name is Jason Fichtner, and I’m a senior research fellow at the Mercatus Center at George Mason University, where I research fiscal and economic issues, including Social Security. I am also an affiliated professor at Johns Hopkins University, Georgetown University, and Virginia Tech, where I teach courses in economics and public policy. Previously I served in several positions at the Social Security Administration (SSA), including deputy commissioner of Social Security (acting) and chief economist. All opinions I express today are my own and do not necessarily reflect the views of my employers.
I’d like to begin by thanking Chairman Price and Ranking Member Van Hollen for holding this hearing and creating an intellectual space that allows for reasoned discourse and ensures that important public policy issues involving Social Security and retirement security get the attention and debate they deserve. It is truly a privilege for me to testify before you today.
My testimony focuses on three key issues: first, the extent of the Social Security financial shortfall; second, whether we’re actually facing a so-called “retirement crisis;” and third, how the current structure of the nation’s largest retirement program, Social Security, provides disincentives to work and save and is in need of modernization if the program is to fit the needs of the twenty-first century and achieve fiscal sustainability.
From this discussion, I hope to leave you with the following takeaways:
The Social Security crisis is not only real; it is already upon us.
Painting all Americans with the broad brush of facing a “retirement crisis” creates an incomplete picture of the true financial landscape faced by America’s future retirees.
The narrative of the “retirement crisis” tempts us to look toward greater dependence on, and the expansion of, government programs—such as Social Security—which are already facing severe financial problems.
Social Security is in need of modernization. Reforms should not exacerbate existing problems; instead they should encourage savings and labor force participation.
SOCIAL SECURITY IS IN FINANCIAL CRISIS
The Social Security Board of Trustees now estimates that the combined trust funds will be depleted in 2034. It’s important to understand that there are actually two separate trust funds: one for the retirement program (Old-Age and Survivors Insurance or “OASI”), and one for the disability program (Disability Insurance or “DI”). For the retirement program, the trustees estimate that the trust fund can continue to pay full benefits until 2035, at which point the program will only be able to pay about three-fourths of scheduled benefits. For the disability program, the trustees estimate the program will hit insolvency in 2023—less than a decade from now.
To further put this in perspective, the 75-year financial shortfall for the combined trust funds is $11.4 trillion in present-value terms. If we indefinitely extend past the 75-year period, the so-called infinite horizon, the shortfall is a whopping $32.1 trillion. For comparison, our nation’s gross domestic product is slightly over $18 trillion—and our gross national debt (not including unfunded liabilities) at the end of June is $19.3 trillion.
The original intent of Social Security when it was signed into law in 1935 was to provide income insurance against poverty in old age and to provide benefits to survivors of deceased workers. The key word is “insurance.” Insurance is designed to provide coverage against a high-cost but low-probability event. When Social Security was enacted, a small percentage of the population lived many years past age 65. But times have changed. People born today are living longer than those born when the program was created. Living longer is a good thing. But longer lives create a financial strain on Social Security because the retirement age is not indexed for increases in longevity.
For example, using cohort life expectancy data, males born in 1940 were expected to live, on average, about 70.5 years and females 76.7 years. And males who reached age 65 in 1940 could expect to live, on average, another 12.7 years and females another 14.7 years. In 2015, the life expectancy for men was 83.1 years and 85.3 for women. But for those who turned 65 in 2015, a male can expect to live another 19.1 years and a female 21.5 years. Jump forward to 2035, a year after the combined trust funds are estimated to be depleted, and males turning 65 in that year can expect to live another 20.4 years and females another 22.7 years. Also, it is important to note that about 54 percent of men and 61 percent of women survived to age 65 in 1940. In 1990, the percentage surviving to 65 was 72.3 percent for men and 83.6 percent for women.
These numbers mean that the Social Security Old-Age and Survivors Insurance program now has to finance more people over a longer period of time. Instead of an insurance program, Social Security is now a de facto national retirement program—that is an important distinction because those are quite different policy purposes. With insurance, the intent is to tap resources contributed by a larger group to protect a subgroup from an unanticipated income shock. By contrast, retirement programs are intended to benefit all participants. Increasing the challenge in the case of Social Security, the program now has to fund individuals for over 20 years of retirement based off the same number of years of worker contributions as when the program was originally created.
Changing fertility rates also create a financial strain on Social Security’s finances. In a largely pay-as-you-go financing structure such as Social Security, the fertility rate has an impact on the number of workers providing payroll taxes to cover retiree benefits. In 1940, the fertility rate was 2.23, meaning a woman born in 1940 could be expected to have at least 2 children in her lifetime. The fertility rate jumped up to over 3 beginning around 1950 and peaked in 1960 at 3.61. Today, however, the fertility rate has dropped to an estimated 1.87. To put this in context, in 1945 there were almost 42 covered workers paying into the program for every OASDI beneficiary receiving benefits. As the program matured, around 1965 when Medicare was signed into law, there were 4 workers for every beneficiary. The ratio has been declining ever since. It now stands at 2.8 workers per beneficiary and is estimated to drop to 2.2 by 2035, the year after the combined OASDI trust funds are estimated to be depleted. To turn these numbers around, in 1965 there were 25 OASDI beneficiaries per 100 workers. In 2015, there were 35 beneficiaries per 100 workers. And in 2035 there will be 46 beneficiaries per 100 workers. Jumping out to 2090, the furthest out the trustees estimate, the ratio will be 50 beneficiaries for every 100 workers.
PERCEPTION OF A RETIREMENT CRISIS
The national newspapers are full of stories claiming that Americans are woefully unprepared for retirement. A top story on the Wall Street Journal–affiliated MarketWatch was titled “Our Next Big Crisis Will Be a Retirement Crisis.” An often-cited index of retirement preparedness compiled by the Center for Retirement Research at Boston College claims that “53 percent of households are ‘at risk’ of not having enough to maintain their living standards in retirement.” Referencing a similar study by Putman Investments, financial reporter Robert Powell writes, “Americans are on track to replace just 61% of their current income once they reach retirement.” Powell further notes that the picture looks even gloomier for those without an employer-sponsored retirement plan, who are “projected to be able to replace just 42% of their working income once they retire, even with Social Security factored in.”
The economic meltdown that began in 2008 and resulted in a great and unanticipated loss of wealth for millions of Americans fueled the perception that we are facing a “retirement crisis.” The uneven pace of the economic recovery and lingering effects of the financial crisis have further underscored this perception. The US stock market, as measured by the broad S&P 500 Index, fell nearly 57 percent from a peak on October 10, 2007, to a bottom on March 9, 2009. Housing prices plummeted and unemployment rose quickly to double digits. Survey research suggests financial wealth for the median household declined by 15 percent as a result of the 2008 financial crisis.
But do these statistics truly equate to a looming “retirement crisis”? Economists Syl Schieber and Andrew Biggs wrote that “the story about the declining income prospects of retirees is not true.”Schieber and Biggs base their argument on the fact that the data most often cited to show there is a crisis is compiled by the Social Security Administration based on the Current Population Survey (CPS) from the US Census Bureau. The CPS data do not accurately reflect the total amount of income in retirement derived by individual retirement accounts. When Schieber and Biggs instead looked at tax return data from the Internal Revenue Service, the reported income was much higher: “The CPS suggests that in 2008 households receiving Social Security benefits collected $222 billion in pensions or annuity income. But federal tax filings for 2008 show that these same households received $457 billion of pension or annuity income.”
Additionally, in order to have a financially secure retirement, many financial planners suggest a total “replacement rate”—or the percentage of preretirement income a person will need in retirement—of 70 percent. Social Security was designed to replace about 40 percent of a person’s preretirement income, with higher replacement rates for lower-income workers, and the remaining amount to be covered by an employer pension or personal retirement savings. For example, a person who earns $50,000 in each of the final five years leading up to retirement should plan to have enough retirement savings to generate $35,000 a year in income ($50,000 × 0.70). The 70 percent figure includes income received from Social Security. This is just a general rule of thumb, and everybody’s retirement needs are different. For example, some find they need less in retirement as their consumption tends to decline and their house may be paid off. It is worth noting that, for many groups, Social Security replacement rates are higher than most people understand, due to the way the Social Security Administration historically presented replacement rates. In many cases total retirement income, including Social Security benefits, far exceeds a 70 percent replacement rate. It is further worth noting that the proper way to measure replacement rates is currently debated by scholars—whether they should be based on average lifetime earnings, wage-adjusted earnings, earnings in the final year before retirement, or a combination of these and other factors.
To be clear, I’m not arguing that everyone has adequately saved for retirement. Nor am I arguing that policymakers shouldn’t focus their efforts on public policy options that will help Americans save for their retirement. But I do want to stress that painting all Americans with the broad brush of a “retirement crisis” creates an incomplete picture of the true financial landscape faced by America’s future retirees. Further, I’m concerned that the narrative being told of a “retirement crisis” is leading us to look toward greater dependence on—and even the expansion of—existing government programs, many of which, Social Security included, are already facing severe financial problems. This is not a reasonable plan. It’s certainly not a sustainable plan. We must turn instead toward policy options that will encourage individuals to work, save, and invest so that they can build their own financially secure retirement.
REFORMS FOR A FINANCIALLY SECURE RETIREMENT
It is important that Social Security reforms improve work incentives and promote individual saving while also addressing the program’s financial solvency problems.
As I have discussed in a previous congressional testimony (see attachment), possible reforms include:
basing future cost-of-living adjustment (COLA) increases on the chained CPI,
gradually raising the early and full retirement ages,
increasing the delayed retirement credit,
adjusting the benefit formula,
constraining nonworking spousal benefits for high earners,
providing payroll tax relief to seniors,
increasing access to personal retirement accounts, and
increasing financial literacy.
Within the past several months, nonpartisan research organizations have released reports with their recommendations for reforming Social Security. The Committee for a Responsible Federal Budget released a book on ways to reform the disability insurance program that brought together experts from across the political aisle and included both academics and practitioners. A more expansive project sponsored by the Bipartisan Policy Center suggested policy reforms to improve retirement security and personal savings. The BPC report includes reforms to Social Security that would put the program back on a secure financial footing, while also reducing senior poverty and improving work incentives, by making changes to both benefits and taxes.
Social Security faces real and increasingly urgent financial challenges. Reform is not only the wise thing to do, it is critical to ensure that Social Security remains solvent and fiscally sustainable and can continue to provide retirement security for generations to come.
Social Security reform must not only address the program’s fiscal solvency issues but also remove the disincentives to working later in life. This means reforms must focus on reining in the growth of program costs, encouraging personal saving and investment, and rewarding those in middle and early retirement age who make the decision to extend their working careers.
Finally, Social Security reform must begin immediately. We can reform this critical program, and we can do it in a way that will improve the financial security of all future Americans in retirement. But we must act now. The Social Security trust fund for the retirement portion of the program is projected to become insolvent in 2035, while the disability trust fund is projected to become insolvent in 2023, less than a decade away. To close the current financial shortfall of the combined trust funds would require an immediate 21 percent increase in the OASDI payroll tax rate (from 12.4 percent to 14.98 percent) or an immediate 16 percent cut in benefit payments (19.6 percent if applied only to new beneficiaries after 2016). The magnitude of the changes necessary will only increase with time.
Thank you again for your time and this opportunity to testify today. I look forward to your questions.
Social Security Insolvency Is Now One Year Closer
Fichtner, Warshawsky on Social Security Trustees Report
Mark J. Warshawsky, Jason J. Fichtner
Are Fiscal Rules an Effective Restraint on Government Debt?
Veronique de Rugy, Jack Salmon
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about Leeds & Son
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The Greek Elections and the Strategic Debates within the Left
Post on: September 25, 2015
On September 21, Alexis Tsipras returned as prime minister, supported by a coalition between his party and the right-wing nationalist Anel party. It has been only two months since the massive victory of the “NO“ vote in the referendum on the third memorandum. This government, which assumed power as a left coalition, and ended up accepting the toughest structural adjustment plan yet imposed by foreign creditors, is now being given a “second opportunity”. Syriza represented the “lesser evil” in the elections against the historical parties of New Democracy and Pasok, who are considered to be the authors of the tragedy that the Greek people are now living.
Photo credit: La Izquierda Diario
The manoeuvre by Tsipras of resigning from government and calling for new elections was risky but in the short term, at least, it proved effective. After signing the third memorandum, the prime minister had lost his parliamentary majority and was at the mercy of a growing opposition. This made for an unstable political situation that would have limited his ability to carry out the austerity plan.
The government seems to have overcome this problem. With his victory in the elections last Sunday and the support of his old “partners” from Anel, Tsipras was able to reach a slight parliamentary majority of 155 out of 300 representatives. It is smaller than the number of representatives he had in January but enough to govern. In the context of a political and economic crisis that spelled the end of the PASOK-New Democracy two-party system, this victory seems to have given him some breathing room. Although the four years of “stable government” that Tsipras promises sounds like science fiction.
Internally, the elections gave Syriza a bonus: they were not only able to get rid of the Left Platform from within Syriza, but also were able expel them from parliament. The 25 dissident representatives from Syriza, who with other left groups made up Popular Unity, were not able to surpass the necessary 3% of the vote and did not win any seat in parliament.
Despite the fragmentation, almost 90% of the 300 representatives in parliament today now belong to parties that have applied austerity measures demanded by Greece’s creditors (EU, IMF and ECB). The ones outside this “pro-memorandum” consensus are, on the left, the Greek Communist Party (KKE) and, on the right, the pro-Nazi Golden Dawn.
The radical left, grouped in Antarsya-EEK (to whom the FT-CI called for a vote despite our political differences ) obtained a modest amount of votes.
The leaders of the European Union greeted Tsipras’ victory with relief, although they would have preferred PASOK or To Potami to be Syriza’s partner in government or even a government of “national unity” with New Democracy, rather than Anel. They may have the chance to see their desire accomplished in the next few months. There was no time for celebrations. They required Tsipras to get to work immediately to comply with the many commitments of the third bailout.
Before the end of the year, Syriza’s new government will have to win parliamentary approval of 80% of the measures included in the third memorandum. In order to receive the 25,000 million euros needed for viable banks to regain liquidity, the government has to reach a deal with the creditors on reform of the banking sector. Some (counter) reforms are expected to begin as soon as October, such us raising the VAT, taxing farmers, lowering pensions, cutting public spending, casualizing job contracts and limiting collective bargaining, reducing the number of public employees and putting in place a harsh program of privatizations closely supervised by the EU that will designate the resulting revenue to the payback of the debt.
Tsipras seems to have kept some modest goals for himself, such as renegotiating some aspects of the memorandum—at the least, receiving a deferral on the deadline for repayment, at most obtaining the cancellation of part of the debt. He will likely try to leverage the IMF’s position in July, when the institution backed a reduction of the debt to sustainable levels. But as the former Finance Minister Yanis Varoufakis acknowledged, any concession will be extremely difficult to win from the Troika.
Is it right to say, as some have asserted, that Tsipras has achieved a pyrrhic victory that will turn into the opposite as soon as he begins to put the austerity measures into place? Or will demoralization and resignation dominate in the coming term?
This remains to be seen. It will depend, above all, on the class struggle and whether we see the emergence of a political alternative— a working-class, revolutionary left that puts forward a solution for all the oppressed, against both the government’s austerity measures and the catastrophe of a “Grexit”.
The conclusions that workers, youth, and the exploited draw from the “left reformism” in power will likely have long-term consequences, not only in Europe but also internationally. It brings back to the table (and makes ever more concrete) the debate around strategy within the left.
With its capitulation to austerity, Tsipras became a sort of Mitterrand of the 21st Century. The difference with the French Socialist Party leader is that it took two years from the time Mitterrand assumed power in 1981 to make the neoliberal shift and change social-democracy into “social liberalism”. Tsipras took the same path in record time. It only took the leader of Syriza a few months.
In Spain, Pablo Iglesias is following the same path. Podemos is still supporting Tsipras and is preparing to become a “governable left” itself, ready to enter into deals with the mainstream parties like the PSOE.
The Left Platform of Syriza, now called Popular Unity, did not became an alternative. One of its leaders, Panagiotis Sotiris, says that this was due to various factors. He claims that they did not correctly read the real meaning of the “NO” vote in the referendum as a vote of “resistance” but already resigned to the austerity measures. They mechanically assumed their parliamentary weight would equal electoral success. They did not appeal to those, who out of frustration, did not turn out to vote. They were seen as a variant of Syriza and not as something new. They did not make a self-criticism for participating as a Left Platform during the first period of Syriza’s government. Furthermore, they were sectarian and bureaucratic.
There might be something true in this combination. However, this criticism does not go to the root of Popular Unity’s failure. They demonstrated themselves to be incapable of offering an exit to the crisis and they did not have any important weight in meaningful sectors or movements to confront Tsipras capitulation. Moreover, their strategy was limited to building a parliamentary left and a “national capitalist” program centered around an exit from the Eurozone and a return to the drachma, which offered no progressive solutions for the workers and the exploited.
The Greek experience confirms that without a revolutionary left rooted in class struggle (and not in bourgeois parliaments), that is able to mobilize the strength of the workers, the youth and the oppressed, it is impossible to defeat the offensive of capital and achieve a real government of the workers.
This article is a translation of an article originally published in La Izquierda Diario in Spanish on September 23, 2015.
Translated by: Gloria Grinberg, Juan Cruz Ferre
Tags: ElectionsGreeceLeftPopular UnitySyrizaTsipras
The Political Significance of the All India Strike and the Revolutionary Movement in India
The Pope to the Rescue of Global Capitalism
Claudia is an editor of our sister site La Izquierda Diario and a leading member of the Party of Socialist Workers (PTS) in Argentina.
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Knights news, updates and analysis | Page 1 of 1
Knights eyes another four acquisitions after 51% revenue increase in first post-IPO results
Posted on 9 July 2019 12:42pm | Thomas Alan
Innovation Knights Financial results 2018/19
Knights has produced a strong debut financial year following its AIM listing, with acquisitions and organic growth propelling the firm to more than £50m in turnover.
Turnover at the company was up 51% to £52.7m, slightly ahead of expectations the company flagged in May, including 15% organic growth. Revenue per fee earner was up 22% to £131,000, with a net 46 increase in fee earners over the year, while net debt fell to £14.1m from £26.3m.
The firm’s listing last June provided Knights with a £28.1m war chest, resourcing the law company for four acquisitions in the last year while underlying legal work and financial discipline was said to have led to the double-digit organic growth.
‘The organic growth is driven by smarter business,’ Knights chief executive David Beech (pictured) told Legal Business. ‘We’re training fee-earners on financial management and client engagement. Coaching them on how to recover their time is not something that’s taught in law school.’
Inorganic growth came courtesy of a flurry of acquisitions from June 2018, first absorbing Manchester-based firm Turner Parkinson, while in October of last year Knights acquired Leicester’s largest law firm, Spearing Waite, in an £8.5m deal. The company’s most recent move was a £1.5m buy in January for Leicester-based employment specialist Cummins Solicitors, which counted five fee-earners and £784,000 in revenue.
The company also announced today (9 July) it had extended its rolling £27m credit facility until 25 June 2023, with future buyouts in the pipeline. Beech said the ideal acquisition size would be a firm of four or five partners with up to £10m in revenue.
‘You’ll see up to four acquisitions,’ Beech commented. ‘The IPO has enabled us to be choosy about what to go for next, but we’ve got great momentum.’
Beech added that while the money raised at IPO had obviously been beneficial in securing acquisitions, the company was still getting used to life on the public markets.
‘We’re learning to deal with the processes that come from being a listed company,’ he said. ‘Dealing with half-year results and things requires support and time and can sometimes take you away from the business.’
Listed law firm results have so far been strong: Rosenblatt’s revenue rose 19%, Keystone added 35% to its top-line, while Gateley flagged that its revenue would be at least £102m this year. The market’s most recent listing, DWF, reports its full-year financial results at the end of this month.
thomas.alan@legalease.co.uk
Knights talks up selective acquisition policy amid strong first-half financials
Posted on 15 January 2019 10:27am | Hamish McNicol
Innovation Knights Financial results
The chief executive of Knights says its listing last June has instilled market confidence in its ability to deliver an ambitious acquisition pipeline. This comes as the law company announced a third law firm acquisition today (15 January) and reported a 37% increase in revenue to £23.9m for the six months to 31 October.
Knights, the largest law firm initial public offering (IPO) to date after raising £50m last year, has acquired Leicester-based employment specialist Cummins Solicitors, which has five fee-earners and £784,000 in revenue, in a £1.5m deal. It takes Knights’ total fee-earner numbers to 485 across eight offices.
The acquisition was announced alongside Knights’ first half-year results since its IPO, and follows an £8.5m deal for Leicester-based Spearing Waite last October. Alongside the increase in revenue – of which organic growth was said to be 10% – earnings before interest, tax, depreciation and amortisation grew 50% to £5.3m.
Knights chief executive David Beech (pictured) told Legal Business the performance confirmed what the firm had been doing for the past six years since he acquired the then £8m firm for a ‘low seven-figure’ sum alongside investor James Caan.
The firm moved from a partnership – with seven equity partners – to a plc in 2012 and Beech says that has firmly set a corporate culture within the business as the partners moved away from being owners to employees.
‘We want to reinvest most of the profits into growing the business through recruitment and acquisitions,’ he commented. ‘The listing has created profile and a confidence in the market when we go and talk to people, they don’t question our ability to deliver an acquisition.’
Beech said there was a strong pipeline of new recruits and acquisitions – the group wants to grow 50:50 between the two and added 35 recruits in the half-year – which meant the firm could afford to be pickier with targets with the capacity to complete four acquisitions a year. Cultural fit was the key, he said, with Cummins’ founder Michael Cummins seen as a future leader.
‘We are low ego, friendly, team orientated, and, it’s a bit crude, but we have a no-dickhead policy,’ Beech said. ‘You have to search, but they’re out there.’
Revenue per fee-earner also increased 25% to £66,000, which Beech said reflected a 10% improvement on recovery and training its fee earners to not underestimate costs when engaging clients. Former non-executive director Richard King has come on board as chief operating officer to help with that.
‘We’re getting quite ambitious,’ Beech said. ‘I wouldn’t have used ambition as a word six years ago but we’re gaining confidence.’
Knights’ strong performance follows that of Gateley, which was the first UK firm to list back in 2015, announcing last week its half-year revenue for the same period was up 20% to $46.4m. The firm expects its revenue to surpass £100m for the full financial year.
Hamish.mcnicol@legalbusiness.co.uk
Knights builds on IPO acquisition strategy with £8.5m deal for Leicester law firm
Posted on 9 October 2018 11:53am 9 October 2018 12:29pm | Tom Baker
Legal mergers Knights
Staffordshire-based Knights has dipped into its IPO ‘war chest’ again, acquiring Leicester’s largest law firm in a multi-million pound deal.
It marks Knight’s second buyout since its £103.5m listing on the Alternative Investment Market (AIM) in June – the largest UK firm listing to date – with a deal for Manchester independent Turner Parkinson announced shortly after floating.
Today’s acquisition (9 October), Spearing Waite, gives Knights a new hub in Leicester and adds 59 fee earners, bringing its total to 450 across the country. In the financial year ending March 2018, Spearing Waite generated £7.1m in revenue, with £3.2m in distributable profits to partners.
Knights purchases the interests of Spearing Waite’s four equity partners for cash consideration of £5.35m and nearly 100,000 new shares in Knights, as well as deferred consideration of £800,000 paid over the next three years. Knights will also discharge up to £2m in debt and grant stock awards up to £265,000, meaning the overall deal will cost up to £8.5m.
The deal went live on 1 October, with Spearing Waite keeping its branding for ‘a short transitional period’ before being officially relaunched as Knights on 1 January 2019.
Knights chief executive David Beech (pictured) told Legal Business that Spearing Waite was an attractive proposition due to its core strengths in real estate, corporate and litigation. He added: ‘Most important for us was cultural fit. We want to integrate businesses as well as we can, not have disparate businesses around the country.’
Beech said the buyout was ‘right in the sweet spot’ of the firm’s acquisition strategy. This comes after the firm announced in June that it wanted to use its floating proceeds to land three buyouts by 2020. He added: ‘It’s a great example of what we are wanting to do. We’re pleased to have got it done, but now we have some work to do to integrate them well.’
Last month, fellow-listed firm Gordon Dadds announced a surprise move for struggling Ince & Co, in a tie-up which will create a £114m firm. If the move passes partnership votes, it will create the UK’s largest listed law firm.
tom.baker@legalease.co.uk
Knights shareholders to get £20m windfall after float valued at over £100m
Posted on 26 June 2018 16:20pm 26 June 2018 16:24pm | Tom Baker
Innovation Knights
Staffordshire-based Knights is set to raise £50m from its initial public offering (IPO) on AIM this week (29 June), with the firm’s four selling shareholders to split £20m in proceeds.
The float – which would be the largest legal IPO to date – is also expected to give Knights a market capitalisation of £103.5m, in line with the firm’s forecast from earlier in the month.
Four of the firm’s shareholders – commercial operations director Mark Beech, facilities director Joanne Beech, Newcastle-under-Lyme office head Karl Bamford and non-executive chairman Balbinder Johal – will split £20m between them as a result of the IPO.
Chief executive David Beech (pictured) will retain a shareholding of around 45.5% and will be subject to a three-year lock-in period in which he will be unable to sell his shares. The other shareholders will hold 1.7% each.
In the firm’s admission document, it said that the net proceeds from the float would be used to ‘repay the majority of the group’s existing debt facilities and for general working capital and corporate purposes.’
Earlier this month, David Beech told Legal Business that a listing would provide ‘a sufficient war chest to achieve three more acquisitions.’
Knights had already been in buyout mode, announcing an agreement in May to buy Manchester firm Turner Parkinson for an undisclosed sum. The acquisition added 45 additional fee earners and a seventh UK office.
Knights’ AIM listing follows Rosenblatt this year, and Gordon Dadds and Keystone Law in the second half of last year. Gateley was the first UK firm to take the step back in 2015, raising £30m at a £100m valuation.
However, Knight’s record for the largest UK law firm listing may not stand for long. Top 25 LB100 firm DWF confirmed this month it is also considering a potential float. Standard valuation models would value a listing at between £400m and £600m.
Fieldfisher also confirmed recently it had engaged in ‘pilot fishing’, a process of pitching the idea of a float to potential investors, but an IPO anytime soon seems unlikely.
‘A sufficient war chest’: Knights turn to IPO for acquisition agenda
Posted on 5 June 2018 14:47pm 5 June 2018 14:48pm | Thomas Alan
One of the earliest adopters of the Alternative Business Structure (ABS) model is turning to the public capital markets to raise tens of millions to pay off debt and fund a war chest big enough to land three acquisitions by 2020.
Stafforshire-based Knights said on Monday (4 June) it was listing on the Alternative Investment Market (AIM), becoming the fifth law firm to do so. The float is expected to give the business a valuation of more than £100m, which would make it the largest legal initial public offering (IPO) to date.
Knights, which became an ABS in 2012 and has previously been backed by private equity investment, broke into the Legal Business 100 for the first time last year but wants to raise money to pay down its debt facilities, generate working capital and for general corporate purposes. It is yet to determine how much will be raised in the IPO.
Chief executive David Beech (pictured) told Legal Business: ‘What drove the decision was the desire to grow faster through recruitment and acquisition. We feel to do this, flotation was needed to pursue our vision.’
The firm would not specify the amount of its debt facilities, but for its accounts for the year to 30 April 2017 the firm lists a £7m bank loan and another unspecified loan of £22.3m, although debt is believed to be lower now. As well as paying most of its debt, Knights wants to add 200 fee earners by 2020.
Beech added: ‘We will have a sufficient war chest to achieve three more acquisitions.’
In late May, the firm announced an agreement to acquire Manchester firm Turner Parkinson for an undisclosed sum, adding 45 fee earners and an office to Knights’ six bases in the UK. The firm’s offices in Chester, Cheltenham, Derby, Newcastle-Under-Lyme, Oxford and Wilmslow boast 350 fee earners between them.
The firm believes it can achieve growth either through the acquisition of legal teams or firms and in new regional markets or complementary service lines. Beech believes the firm has existing strength in corporate, litigation, real estate and employment.
For the year ended 30 April 2017, Knights reported revenue of £33.5m, up 64% and fuelled in large part by the acquisition of Oxford-based Darbys in 2016, which added £10m in revenue over the year. The firm says revenue this year is £34.9m, a small uptick.
Knights’ AIM listing follows Rosenblatt this year, and Gordon Dadds and Keystone Law in the second half of last year. Gateley was the first firm to take the step back in 2015, raising £30m at a £100m valuation.
Beech believes more law firms will follow and is critical of the traditional model: ‘I think lawyers are the last bastion of equity partnership, it’s not a suitable model for profitable business and promotes internal politics. It’s a very dysfunctional model.’
Knights posts 64% revenue growth to move into the LB100
Posted on 1 May 2017 23:05pm 14 February 2018 17:14pm | Tom Baker
Financial results 2016/17 Knights Legal Business 100
Alternative Business Structure (ABS) Knights has recorded 64% growth in turnover in the last year to achieve £33.5m in revenue.
The growth is a significant increase on last year’s turnover figure of £20.5m. As a result, the business is set to enter the Legal Business 100 for the first time this year. The firm attributes the business’ impressive growth to the acquisition of Oxford firm Darbys in 2016, a purchase which added £10m in revenue over the year.
An early adopter of the ABS model, Knights is a full service business with 350 professionals and offices in Newcastle-under-Lyme, Chester, Cheltenham, Derby, Oxford and Wilmslow. Due to its ABS structure it obtained in January 2013, Knights is able to offer ‘non-law’ services to clients such as town planning, corporate finance, management consultancy and specialist tax advice.
Knights chief executive David Beech (pictured) commented: ‘We sort of made that [making the LB100] a mini goal four years ago, and now we’ve achieved it. It’s certainly nice to have got the business to grow.’
Beech added: ‘We feel we’ve only just started. We understand our business model, we’ve got a very strong culture. We’re aiming at the “second city” locations, we want to add to that when we find the right acquisitions.
‘We’re one of the few businesses in professional services that’s taken ownership and management outside of the professionals. When you do that you take away all the politics, conflict and competing for income.’
In other recent firm financials, London firm Forsters has posted a 9% increase in turnover, buoyed by strong results from the firm’s corporate, banking and private client teams. Profit per equity partner also rose slightly from £527,000 to £532,000.
Fladgate has announced a provisional 15% rise in turnover for 2016/17, with revenues up to £49.2m. It is the sixth consecutive year of double digit growth for the firm.
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Repeals / Ceases
Details: C2004A00109
Trade Practices Act 1974
- C2004A00109
In force - Superseded Version
Act No. 51 of 1974 as made
An Act relating to certain Trade Practices
Administered by: Attorney-General's; Treasury; Communications and the Arts; Industry, Innovation and Science; Infrastructure, Transport, Cities and Regional Development
Date of Assent 24 Aug 1974
TRADE PRACTICES ACT 1974 No. 51, 1974
TRADE PRACTICES ACT 1974 No. 51, 1974 - TABLE OF PROVISIONS
No. 51 of 1974
TABLE OF PROVISIONS
PART I-PRELIMINARY
1. Short title
2. Commencement
3. Repeal
4. Interpretation
5. Extended application of Parts IV and V
6. Additional operation of Act
PART II-THE TRADE PRACTICES COMMISSION
7. Constitution of Commission
8. Terms and conditions of appointment
9. Remuneration of members of Commission
10. Deputy Chairman
11. Acting Chairman
12. Leave of absence
13. Termination of appointment
14. Retirement
15. Resignation
16. Arrangement of business
17. Disclosure of financial interests of members of Commission
18. Meetings of Commission
19. Chairman may direct Commission to sit in Divisions
20. Power to take evidence on oath
21. Procedure at public hearings by Commission
22. Hearing in private in certain circumstances
23. Evidence in form of written statement
24. Representation at public hearings by Commission
25. Delegation by Commission
26. Rights of public servant appointed as Chairman or full-time member
27. Staff of Commission
28. Functions of Commission in relation to dissemination of information,
law reform and research
29. Commission to comply with directions of Attorney-General and
requirements of Parliament
PART III-THE TRADE PRACTICES TRIBUNAL
30. Constitution of Tribunal
31. Qualifications of members of Tribunal
32. Terms and conditions of appointment
33. Remuneration of members of Tribunal
34. Acting appointments
35. Suspension and removal of members of Tribunal
37. Constitution of Tribunal for particular matters
38. Validity of determinations
40. Disclosure of financial interests of members of Tribunal
41. Presidential member to preside
42. Decision of questions
43. Member of Tribunal ceasing to be available
44. Staff of Tribunal
PART IV-RESTRICTIVE TRADE PRACTICES
45. Contracts, arrangements or understandings in restraint of trade or
46. Monopolization
47. Exclusive dealing
48. Resale price maintenance
49. Price discrimination
50. Mergers
51. Exceptions
PART V-CONSUMER PROTECTION
Division 1-Unfair Practices
52. Misleading or deceptive conduct
53. False representations
54. Offering gifts and prizes
55. Misleading conduct to which Industrial Property Convention applies
56. Bait advertising
57. Referral selling
58. Accepting payment without intending to supply as ordered
59. Misleading statements about home-operated businesses
60. Coercion at place of residence
61. Pyramid selling
62. Product safety standards
63. Product information standards
64. Assertion of right to payment for unsolicited goods or for making
entry in directory
65. Liability of recipient of unsolicited goods
Division 2-Conditions and Warranties in Consumer Transactions
66. Interpretation
67. Conflict of laws
68. Application of Division to contracts not to be excluded or modified
69. Implied undertakings as to title, encumbrances and quiet possession
70. Supply by description
71. Implied undertakings as to quality or fitness
72. Supply by sample
73. Liability for loss or damage from breach of certain contracts
74. Warranties in relation to the supply of services
Division 3-Miscellaneous
75. Saving of other laws and remedies
PART VI-ENFORCEMENT AND REMEDIES
76. Pecuniary penalties
77. Civil action for recovery of pecuniary penalties
78. Criminal proceedings not to be brought for contraventions of Part IV
79. Offences against Part V
80. Injunctions
81. Divestiture
82. Actions for damages
83. Finding in proceedings to be evidence
84. Acts done by servants or agents of body corporate
85. Defences
86. Jurisdiction of Court
87. Ancillary orders
PART VII-AUTHORIZATIONS AND CLEARANCES IN RESPECT OF
RESTRICTIVE TRADE PRACTICES
Division 1-Authorizations
88. Power of Commission to grant authorizations
89. Procedure for applications
90. Determination of applications for authorizations
91. Grant, revocation and variation of authorizations
Division 2-Clearances
92. Clearance of contracts, arrangements or understandings in restraint
of trade or commerce
93. Clearance of exclusive dealing
94. Clearance of mergers
95. Register in relation to clearances
PART VIII-RESALE PRICE MAINTENANCE
96. Acts constituting engaging in resale price maintenance
97. Recommended prices
98. Withholding the supply of goods
99. Statements as to the minimum price of goods
100. Evidentiary provisions
PART IX-REVIEW BY TRIBUNAL OF DETERMINATIONS OF
Division 1-Applications for Review
101. Applications for review
102. Functions and powers of Tribunal
Division 2-Procedure and Evidence
103. Procedure generally
104. Regulations as to certain matters
105. Power to take evidence on oath
106. Hearings to be in public except in special circumstances
107. Evidence in form of written statement
108. Taking of evidence by single member
109. Participants in proceedings before Tribunal
110. Representation
PART X-OVERSEAS CARGO SHIPPING
Division 1-Preliminary
111. Interpretation
112. Part IV not to apply
113. Agreements to which Part applies
114. Shipowners may be required to be represented by agent and give
address for service
Division 2-Filing of Conference Agreements
115. Clerk of Shipping Agreements
116. Agreements subject to filing
117. Particulars to be furnished of certain agreements, variations and
118. Failure to furnish particulars to be an offence
119. Clerk to file particulars
120. Filed documents to be evidence
121. Secrecy
Division 3-Powers in relation to Conference Agreements
122. Minister may request undertakings
123. Disapproval of agreements
124. Effect of disapproval
125. Reinstatement of disapproved agreement or approval of substituted
126. Injunctions
127. Publication and commencement of orders
Division 4-Powers in relation to Individual Shipowners
129. Declaration of shipowners
130. Prohibitions applicable to declared shipowner
Division 5-General
132. Minister may refer certain matters to Tribunal
133. Minister to consult with shipowners before making reference
135. Undertakings to Tribunal
136. Failure to comply with undertaking to be contempt of Tribunal
137. Punishment of contempt
138. Protection of certain persons
139. Publication of reports of Tribunal
140. Institution of prosecutions
141. Aiding and abetting
143. Constitution of Court
Division 6-Civil Remedies in relation to Overseas Cargo Shipping
144. Actions for damages
145. Deferment of action on application of Minister
146. Findings in contempt proceedings to be evidence
PART XI-TRANSITIONAL
147. Continuation of certain appointments and proceedings
148. Commission may retain certain documents
149. Secrecy in relation to documents furnished under previous law
150. Certain notices continued
151. Particulars of agreements continued
152. Repository of documents continued
153. Extension of section 121
154. Undertakings continued
PART XII-MISCELLANEOUS
155. Power of Commission to obtain information, documents and evidence
156. Inspection of documents by Commission
157. Disclosure of documents by Commission
158. Protection of members of Tribunal or Commission, barristers and
159. Incriminating answers
160. Failure of witness to attend
161. Refusal to be sworn or to answer questions
162. Contempt of Tribunal or Commission
163. Prosecutions
164. Proceedings by Commission to be in its official name
165. Inspection of, furnishing of copies of, and evidence of, documents
166. Certificates as to furnishing of particulars of agreements
167. Judicial notice
168. Presumption that bodies corporate not related
169. Temporary exercise of jurisdiction by Australian Industrial Court
170. Legal and financial assistance
171. Annual report by Commission
172. Regulations
TRADE PRACTICES ACT 1974 No. 51, 1974 - LONG TITLE
An Act relating to certain Trade Practices.
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:-
TRADE PRACTICES ACT 1974 No. 51, 1974 - PART I
TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 1.
Short title.
1. This Act may be cited as the Trade Practices Act 1974.*
Commencement.
2. (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.*
(2) Section 55 shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the Paris Convention for the Protection of Industrial Property as revised at Stockholm on 14 July 1967 enters into force for Australia.
(3) Subject to sub-section (4), the remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
(4) Sub-sections 45 (1) and (2), except so far as they relate to contracts, arrangements and understandings referred to in sub-section 88 (2), and sub-sections 47 (1) and 49 (1), shall not come into operation until the expiration of 4 months after the date fixed under sub-section (3).
(5) A reference in sub-section 45 (1) or (2) to the commencement of the sub-section concerned shall be read-
(a) for the purposes of the application of the sub-section concerned in relation to a contract, arrangement or understanding referred to in sub-section 88 (2)-as a reference to the date fixed under sub-section (3) of this section; and
(b) for the purposes of the application of the sub-section concerned in relation to any other contract, arrangement or understanding-as a reference to the expiration of the period referred to in sub-section (4) of this section.
(6) The power of the Governor-General to make appointments of members of the Commission or to make regulations under this Act may be exercised at any time after the day on which this Act receives the Royal Assent but any appointment or regulation so made shall not take effect until the date fixed under sub-section (3).
Repeal.
3. The Restrictive Trade Practices Act 1971 and the Restrictive Trade Practices Act 1972 are repealed.
Interpretation.
4. (1) In this Act, unless the contrary intention appears-
"authorization" means an authorization under Division 1 of Part VII granted by the Commission or by the Tribunal on a review of a determination of the Commission;
"Chairman" means the Chairman of the Commission and includes a person acting as Chairman of the Commission;
"commencing date" means the date fixed under sub-section 2 (3);
"Commission" means the Trade Practices Commission established by this Act,
and includes a member of that Commission or a Division of that Commission performing functions of that Commission;
"Companies Ordinance" means the Companies Ordinance 1962-1974 of the Australian Capital Territory;
"competition" includes competition from imported goods or from services rendered by persons not resident or not carrying on business in Australia;
"conduct", when used as a noun, includes doing, refusing to do, or refraining from doing, any act, including making a contract or arrangement or entering into an understanding;
"corporation" means a body corporate that-
(a) is a foreign corporation;
(b) is a trading corporation formed within the limits of Australia or is a financial corporation so formed;
(c) is incorporated in a Territory; or
(d) is the holding company of a body corporate of a kind referred to in paragraph (a), (b) or (c);
"Court" means the Superior Court of Australia;
"Deputy Chairman" means the Deputy Chairman of the Commission;
"Deputy President" means a Deputy President of the Tribunal, and includes a person appointed to act as a Deputy President of the Tribunal;
"Deputy Registrar" means a Deputy Registrar of the Tribunal, and includes a person appointed to act as a Deputy Registrar of the Tribunal;
"document" includes-
(a) a book, plan, paper, parchment or other material on which there is writing or printing, or on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and
(b) a disc, tape, paper or other device from which sounds or messages are capable of being reproduced;
"engage in conduct" includes do, refuse to do, or refrain from doing, any act, including the making of a contract or arrangement or the entering into an understanding, and "engaging in conduct" has a corresponding meaning;
"financial corporation" means a financial corporation within the meaning of paragraph 51 (xx) of the Constitution and includes a body corporate that carries on the business of banking or insurance as its sole or principal business;
"foreign corporation" means a foreign corporation within the meaning of paragraph 51 (xx) of the Constitution and includes a body corporate that is incorporated in an external Territory;
"full-time member of the Commission" means a member of the Commission who is appointed as a full-time member of the Commission;
"give effect to", in relation to a contract, arrangement or understanding, includes do an act or thing in pursuance of or in accordance with or enforce or purport to enforce;
"goods" includes-
(a) ships, aircraft and other vehicles;
(b) animals, including fish;
(c) minerals, trees and crops, whether on, under or attached to land or not; and
(d) gas and electricity;
"market" means a market in Australia;
"meeting", in relation to the Commission, includes a public hearing held by the Commission;
"member of the Commission" includes the Chairman and a person appointed to
act as a member of the Commission;
"member of the Tribunal" includes the President and a person appointed to act as a member of the Tribunal;
"person" includes a body corporate, whether a corporation or not, as well as a natural person;
"practice of exclusive dealing" means the practice of exclusive dealing referred to in sub-section 47 (2), (3) or (4);
"practice of resale price maintenance" means the practice of resale price maintenance referred to in Part VIII;
"President" means the President of the Tribunal and includes a person appointed to act as President of the Tribunal;
"presidential member" or "presidential member of the Tribunal" means President or a Deputy President;
"price" includes a charge of any description;
"Registrar" means the Registrar of the Tribunal and includes a person appointed to act as the Registrar of the Tribunal;
"send" includes deliver, and "sent" and "sender" have corresponding meanings;
"services" includes, without limiting the generality of that expression, the rights or benefits that are to be provided under-
(a) a contract for-
(i) the performance of work (including work of a professional nature but not including work under a contract of service), whether with or without the supply of goods;
(ii) the provision of, or of the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or
(iii) the conferring of rights or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction;
(b) a contract of insurance; or
(c) a contract between a banker and a customer of the banker entered into in the course of the carrying on by the banker of the business of banking, or any other contract for or in relation to the loan of moneys;
"share" includes an interest in a share, and also includes stock or an interest in stock;
"special price", in relation to an advertisement for the supply of goods or services, means-
(a) a price that is represented in the advertisement to be a special or bargain price, by reference to an ordinary price or otherwise; or
(b) a price that a person who reads, hears or sees the advertisement would reasonably understand to be a special or bargain price having regard to the prices at which the goods or services advertised or like goods or services are ordinarily supplied;
"supply", when used as a verb, includes-
(a) in relation to goods-supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase; and
(b) in relation to services-provide, grant or confer,
and, when used as a noun, has a corresponding meaning, and "supplied" and "supplier" have corresponding meanings;
"Territory" means an internal Territory;
"trade or commerce" means trade or commerce within Australia or between Australia and places outside Australia;
"trading corporation" means a trading corporation within the meaning of paragraph 51 (xx) of the Constitution;
"Tribunal" means the Trade Practices Tribunal continued in existence by this Act, and includes a member of that Tribunal or a Division of that Tribunal performing functions of that Tribunal;
"unsolicited goods" means goods sent to a person without any request made by him or on his behalf.
(2) For the purposes of this Act-
(a) the question whether a body corporate is the holding company of another body corporate shall be determined in the same manner as the question whether a corporation is the holding company of another corporation is determined under the Companies Ordinance; and
(b) the question whether corporations or other bodies corporate are related to each other shall be determined in the same manner as the question whether corporations are related to each other is determined under the Companies Ordinance.
(3) For the purposes of this Act, unless the contrary intention appears-
(a) a person who acquires goods shall be taken to be a consumer of the goods if the goods are of a kind ordinarily acquired for private use or consumption and the person does not acquire the goods or hold himself out as acquiring the goods for the purposes of re-supply; and
(b) a person who acquires services shall be taken to be a consumer of the services if the services are of a kind ordinarily acquired for private use or consumption and the person does not acquire the services for the purposes of, or in the course of, a profession, business, trade or occupation or for a public purpose.
(4) Where it is alleged in any proceeding under this Act that a person was a consumer in relation to particular goods or services, it shall be presumed, unless the contrary is established, that the person was a consumer in relation to those goods or services.
Extended application of Parts IV and V.
5. (1) Parts IV and V extend to the engaging in conduct outside Australia by bodies corporate incorporated or carrying on business within Australia or by Australian citizens or persons ordinarily resident within Australia.
(2) In addition to the extended operation that sections 47 and 48 have by virtue of sub-section (1), those sections extend to the engaging in conduct outside Australia by any persons in relation to the supply by those persons of goods or services to persons within Australia.
Additional operation of Act.
6. (1) Without prejudice to its effect apart from this section, this Act also has effect as provided by this section.
(2) This Act, other than Part X, has, by force of this sub-section, the effect it would have if-
(a) any references in this Act other than in section 55 to trade or commerce were, by express provision, confined to trade or commerce-
(i) between Australia and places outside Australia;
(ii) among the States;
(iii) within a Territory, between a State and a Territory or between two Territories; or
(iv) by way of the supply of goods or services to Australia or an authority or instrumentality of Australia;
(b) section 46, Part V (other than section 55) and Part VIII were, by express provision, confined in their operation to engaging in conduct to the extent to which the conduct takes place in the course of or in relation to-
(i) trade or commerce between Australia and places outside Australia;
(ii) trade or commerce among the States;
(iii) trade or commerce within a Territory, between a State and a Territory or between two Territories; or
(iv) the supply of goods or services to Australia or an authority or instrumentality of Australia;
(c) any reference in Division 2 of Part V to a contract for the supply of goods or services were, by express provision, confined to a contract made-
(i) in the course of, or in relation to, trade or commerce between Australia and places outside Australia;
(ii) in the course of, or in relation to, trade or commerce among the States; or
(iii) in the course of, or in relation to, trade or commerce within a Territory, between a State and a Territory or between two Territories;
(d) in sub-sections 45 (1) and 87 (3) the words "in so far as it confers rights or benefits or imposes duties or obligations on a corporation" were omitted;
(e) a reference to a corporation in sub-section 46 (2) included a reference to a body corporate not being a corporation;
(f) in section 60 the words "cause or permit a servant or agent of the corporation to" were omitted;
(g) sub-section 96 (2) were omitted; and
(h) subject to paragraphs (d), (e), (f) and (g), a reference in this Act to a corporation, except a reference in section 4, 48, 50 or 81, sub-section 88 (7) or 89 (7) or section 94, included a reference to a person not being a corporation.
(3) In addition to the effect that this Act, other than Part X, has as provided by sub-section (2), Division 1 of Part V has, by force of this sub-section, the effect it would have if-
(a) that Division (other than section 55) were, by express provision, confined in its operation to engaging in conduct to the extent to which the conduct involves the use of postal, telegraphic or telephonic services or takes place in a radio or television broadcast;
(b) in section 60 the words "cause or permit a servant or agent of the corporation to" were omitted; and
(c) subject to paragraph (b), a reference in that Division to a corporation included a reference to a person not being a corporation.
TRADE PRACTICES ACT 1974 No. 51, 1974 - PART II
Constitution of Commission.
7. (1) There is hereby established a Trade Practices Commission, which shall consist of a Chairman and such number of other members as are from time to time appointed in accordance with this Act.
(2) The members of the Commission shall be appointed by the Governor-General.
(3) A member of the Commission other than the Chairman may be appointed as a full-time member or as a part-time member.
(4) For the purposes of sub-sections 4 (3A) and (4) of the Superannuation Act 1922-1973 the Chairman and the full-time members of the Commission shall each be deemed to be required, by the terms of his appointment, to give the whole of his time to the duties of his office.
(5) A person shall not be appointed as a member of the Commission unless he appears to the Governor-General to be qualified for appointment by virtue of his knowledge of, or experience in, industry, commerce or public administration.
Terms and conditions of appointment.
8. (1) Subject to this Part, a member of the Commission holds office for such period, not exceeding 7 years, as is specified in the instrument of his appointment and on such terms and conditions as the Governor-General determines, but is eligible for re-appointment.
(2) A person who has attained the age of 65 years shall not be appointed or re-appointed as the Chairman or as a full-time member of the Commission, and a person shall not be appointed or re-appointed as the Chairman or as a full-time member of the Commission for a period that extends beyond the date on which he will attain the age of 65 years.
Remuneration of members of Commission.
9. (1) A member of the Commission shall be paid such remuneration as is determined by the Remuneration Tribunal, but, until that remuneration is so determined, he shall be paid such remuneration as is prescribed.
(2) Subject to the Remuneration Tribunal Act 1973, a member of the Commission shall be paid such allowances as are prescribed.
TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 10.
Deputy Chairman.
10. (1) The Governor-General may appoint a person who is, or is to be, a full-time member of the Commission to be the Deputy Chairman of the
Commission.
(2) A person appointed under this section holds office as Deputy Chairman until the expiration of his period of appointment as a member of the Commission or until he sooner ceases to be a member of the Commission.
(3) Where a member of the Commission appointed as Deputy Chairman is, upon ceasing to be Deputy Chairman by virtue of the expiration of the period of his appointment as a member, re-appointed as a member, he is eligible for re-appointment as Deputy Chairman.
(4) The Deputy Chairman may resign his office of Deputy Chairman by writing signed by him and delivered to the Governor-General.
Acting Chairman.
11. (1) Where there is a vacancy in the office of Chairman, the Governor-General may appoint a person to act as Chairman until the filling of the vacancy.
(2) Where the Chairman is absent from duty or from Australia-
(a) the Deputy Chairman shall act as Chairman during the absence; or
(b) if there is no Deputy Chairman or the Deputy Chairman is not available to act as Chairman, the Attorney-General may appoint a member of the Commission to act as Chairman during the absence of the Chairman, but any such appointment ceases to have effect if a person is appointed as Deputy Chairman or the Deputy Chairman becomes available to act as Chairman.
(3) A person acting as Chairman shall act in that capacity on such terms and conditions as the Governor-General determines and has all the powers and duties, and shall perform all the functions, conferred on the Chairman by this Act.
Leave of absence.
12. The Attorney-General may grant leave of absence to the Chairman or a full-time member of the Commission upon such terms and conditions as to remuneration or otherwise as the Attorney-General determines.
Termination of appointment.
13. (1) The Governor-General may terminate the appointment of a member of the Commission by reason of misbehaviour or physical or mental incapacity.
(2) If-
(a) a member of the Commission-
(i) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or
(ii) fails to comply with his obligations under section 17; or
(b) the Chairman or a full-time member of the Commission-
(i) engages in any paid employment outside the duties of his office; or
(ii) is absent from duty, except on leave of absence granted by the Attorney-General, for 14 consecutive days or for 28 days in any 12 months,
the Governor-General shall terminate the appointment of the member of the Commission concerned.
14. The termination of the appointment of the Chairman or of a full-time member of the Commission by reason of physical or mental incapacity shall be deemed, for the purposes of the Superannuation Act 1922-1973, to be retirement on the ground of invalidity.
Resignation.
15. A member of the Commission may resign his office by writing signed by him and delivered to the Governor-General.
Arrangement of business.
16. The Chairman may give directions as to the arrangement of the business of the Commission.
Disclosure of financial interests of members of Commission.
17. (1) Where a member of the Commission other than the Chairman has or acquires any direct or indirect pecuniary interest in any business carried on in Australia, or in any body corporate carrying on any such business, being an interest that could be in conflict with his duties as a member, the member shall, to the best of his knowledge, disclose that interest to the Chairman.
(2) Where an interest is so disclosed to the Chairman and-
(a) in the case of an interest in a business-the person carrying on the
business; or
(b) in the case of an interest in a body corporate-that body corporate, is concerned in an application before the Commission, being an application in the hearing and determination of which the member who has the interest is or will be participating, the Chairman shall cause the interest to be disclosed to the public.
(3) The Chairman shall give written notice to the Attorney-General of all direct and indirect pecuniary interests that he has or acquires in any business carried on in Australia or in any body corporate carrying on any such business.
Meetings of Commission.
18. (1) Subject to this section, the Chairman shall convene such meetings of the Commission as he thinks necessary for the efficient performance of the functions of the Commission.
(2) Meetings of the Commission shall be held at such places as the Chairman determines.
(3) The Chairman shall preside at all meetings of the Commission at which he is present.
(4) In the absence of the Chairman from a meeting of the Commission, the Deputy Chairman shall preside.
(5) Subject to this Act and the regulations, the member presiding at a meeting of the Commission may give directions regarding the procedure to be followed at or in connexion with the meeting.
(6) At a meeting of the Commission-
(a) three members (including the Chairman or the Deputy Chairman) form a quorum;
(b) all questions shall be decided by a majority of votes of the members present and voting; and
(c) the member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
Chairman may direct Commission to sit in Divisions.
19. (1) The Chairman may, by writing signed by him, direct that the powers of the Commission under this Act in relation to a matter shall be exercised by a Division of the Commission constituted by the Chairman and such other members (not being less than two in number) as are specified in the direction.
(2) Where the Chairman has given a direction under sub-section (1), he may, by writing signed by him, at any time before the Division of the Commission specified in the direction has made a determination in relation to the matter, revoke the direction or amend the direction in relation to the membership of the Division or in any other respect, and where the membership of a Division of the Commission is changed, the Division as constituted after the change may complete the determination of the matter.
(3) For the purposes of the determination of a matter specified in a direction given under sub-section (1), the Commission shall be deemed to consist of the Division of the Commission specified in the direction.
(4) The Chairman is not required to attend a meeting of a Division of the Commission if he does not think fit to do so.
(5) At a meeting of a Division of the Commission at which neither the Chairman nor the Deputy Chairman is present, a member of the Commission nominated for the purpose by the Chairman shall preside.
(6) Notwithstanding section 18, at a meeting of a Division of the Commission, two members form a quorum.
(7) A Division of the Commission may exercise powers of the Commission under this Act notwithstanding that another Division of the Commission is exercising powers of the Commission at the same time.
Power to take evidence on oath.
20. (1) The Commission may, at a public hearing, take evidence on oath or affirmation and for that purpose a member of the Commission may administer an oath or affirmation.
(2) A member of the Commission may summon a person to appear before the Commission at a public hearing to give evidence and to produce such documents (if any) as are referred to in the summons.
Procedure at public hearings by Commission.
21. At a public hearing by the Commission-
(a) the proceedings shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act and a proper consideration of the matters before the Commission permit;
(b) the Commission is not bound by the rules of evidence; and
(c) the Commission may, upon such conditions as it thinks fit, permit a person to intervene in the proceedings.
Hearing in private in certain circumstances.
22. (1) Where, at a public hearing by the Commission, the Commission is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, the Commission may-
(a) direct that the hearing or a part of the hearing shall take place in private and give directions as to the persons who may be present; or
(b) give directions prohibiting or restricting the publication of evidence given before the Commission or of matters contained in documents lodged with the Commission.
(2) A reference in this Act to a public hearing by the Commission includes a reference to a hearing by the Commission in respect of which a direction is in force under paragraph (1) (a).
Evidence in form of written statement.
23. The Commission may permit a person appearing as a witness before the Commission to give evidence by tendering, and, if the Commission thinks fit, verifying by oath or affirmation, a written statement.
Representation at public hearings by Commission.
(a) a person other than a body corporate may appear in person or may be represented by an employee of the person approved by the Commission;
(b) a body corporate may be represented by an employee, or a director or other officer, of the body corporate approved by the Commission;
(c) an unincorporated association of persons or a member of an unincorporated association of persons may be represented by a member or officer of the association approved by the Commission; and
(d) any person may be represented by a barrister or a solicitor of the Supreme Court of a State or Territory or of the High Court.
Delegation by Commission.
25. (1) The Commission may, by resolution, delegate to a member of the Commission, either generally or otherwise as provided by the instrument of delegation, any of its powers under this Act, other than this power of delegation and its powers to grant, revoke or vary an authorization.
(2) A power so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Commission.
Rights of public servant appointed as Chairman or full-time member.
26. If a person appointed as Chairman or as a full-time member of the Commission was, immediately before his appointment, an officer of the Australian Public Service or a person to whom the Officers' Rights Declaration Act 1928-1973 applied-
(a) he retains his existing and accruing rights;
(b) for the purpose of determining those rights, his service as Chairman or as a full-time member of the Commission shall be taken into account as if it were service in the Australian Public Service; and
(c) the Officers' Rights Declaration Act 1928-1973 applies as if this Act and this section had been specified in the Schedule to that Act.
Staff of Commission.
27. (1) The staff necessary to assist the Commission shall be persons appointed or employed under the Public Service Act 1922-1973.
(2) The Chairman of the Commission has all the powers of, or exercisable by, a Permanent Head under the Public Service Act 1922-1973 so far as those powers relate to the branch of the Australian Public Service comprising the staff referred to in sub-section (1) as if that branch were a separate Department of the Australian Public Service.
(3) For the purposes of sub-sections 25 (5) and (6) of the Public Service Act 1922-1973, the Chairman shall be deemed to be a Permanent Head.
Functions of Commission in relation to dissemination of information, law reform and research.
28. (1) In addition to any other functions conferred on the Commission by this Act, the Commission has the following functions:-
(a) to make available to persons engaged in trade or commerce and other interested persons general information for their guidance with respect to the carrying out of the functions, or the exercise of the powers, of the Commission under this Act;
(b) to examine critically, and report to the Attorney-General on, the laws in force in Australia relating to the protection of consumers in respect of matters referred to the Commission by the Attorney-General, being matters with respect to which the Parliament has power to make laws;
(c) to conduct research in relation to matters affecting the interests of consumers, being matters with respect to which the Parliament has power to make laws;
(d) to make available to the public general information in relation to matters affecting the interests of consumers, being matters with respect to which the Parliament has power to make laws; and
(e) to make known for the guidance of consumers the rights and obligations of persons under provisions of laws of Australia or of the Territories that are designed to protect the interests of consumers.
(2) Where a matter of a kind mentioned in paragraph (1) (b) is referred by the Attorney-General to the Commission for examination and report-
(a) the Commission shall cause to be published in the Gazette and in such newspapers and other journals as the Commission considers appropriate a notice-
(i) stating that the reference has been made and specifying the matter to which the reference relates; and
(ii) inviting interested persons to furnish to the Commission their views on that matter and specifying the time and manner within which those views are to be furnished;
(b) the Commission shall not furnish its report to the Attorney-General until a reasonable opportunity has been given to interested persons to furnish to the Commission their views on the matter to which the reference relates; and
(c) the Commission shall include in its report to the Attorney-General any recommendations that it considers desirable with respect to the reform of the law relating to the matter to which the reference relates, whether those recommendations relate to the amendment of existing laws or the making of new laws.
(3) The Attorney-General shall cause a copy of each report furnished to him by the Commission in relation to a matter referred to the Commission under paragraph (1) (b) to be laid before each House of the Parliament as soon as practicable after the report is received by him.
Commission to comply with directions of Attorney-General and requirements of Parliament.
29. (1) The Attorney-General may give directions to the Commission in connexion with the performance of its functions or the exercise of its powers under this Act other than its functions and powers related directly or indirectly to Part VII, and the Commission shall comply with any directions so given.
(2) Any direction given to the Commission under sub-section (1) shall be in writing and the Attorney-General shall cause a copy of the direction to be published in the Gazette as soon as practicable after the direction is given.
(3) If either House of the Parliament or a Committee of either House, or of both Houses, of the Parliament requires the Commission to furnish to that House or Committee any information concerning the performance of the functions of the Commission under this Act, the Commission shall comply with the requirement.
TRADE PRACTICES ACT 1974 No. 51, 1974 - PART III
Constitution of Tribunal.
30. (1) The Trade Practices Tribunal in existence immediately before the commencing date continues in existence as the Trade Practices Tribunal.
(2) The Trade Practices Tribunal so continued in existence shall consist of a President and such number of Deputy Presidents and other members as are appointed in accordance with this section.
(3) A member of the Tribunal shall be appointed by the Governor-General.
Qualifications of members of Tribunal.
31. (1) A person shall not be appointed as a presidential member of the Tribunal unless he is-
(a) a Judge of a Federal Court, not being the High Court or a court of an external Territory; or
(b) a person who has the status of a Judge of the Court.
(2) A person shall not be appointed as a member of the Tribunal other than a presidential member unless he appears to the Governor-General to be qualified for appointment by virtue of his knowledge of, or experience in, industry, commerce or public administration.
32. Subject to this Part, a member of the Tribunal holds office for such period, not exceeding 7 years, as is specified in the instrument of his appointment and on such terms and conditions as the Governor-General determines, but is eligible for re-appointment.
Remuneration of members of Tribunal.
33. (1) The President shall, if he is not the Chief Justice of the Court, the Chief Judge of the Australian Industrial Court or the President of the Australian Conciliation and Arbitration Commission, be paid additional remuneration at the rate of $2,200 per annum and an additional annual allowance at the rate of $500 per annum.
(2) A member of the Tribunal other than a presidential member shall be paid such remuneration as is determined by the Remuneration Tribunal, but, until that remuneration is so determined, he shall be paid such remuneration as is prescribed.
(3) Subject to the Remuneration Tribunal Act 1973, a member of the Tribunal shall be paid such allowances as are prescribed.
(4) Any additional remuneration payable to the President under sub-section (1) forms part of his salary as a Judge for the purposes of the Judges' Pensions Act 1968-1973.
(5) The Remuneration Tribunal Act 1973 does not apply in relation to the presidential members.
Acting appointments.
34. (1) Where the President is, or is expected to be, absent from duty, or there is a vacancy in the office of President, the Attorney-General may appoint a Deputy President or an acting Deputy President to act as President during the absence or until the filling of the vacancy.
(2) Where a presidential member (including the President) of the Tribunal is, or is expected to be, absent from duty, the Governor-General may appoint a person qualified to be appointed as a presidential member to act as a Deputy President during the absence from duty of the member.
(3) Where a member of the Tribunal other than a presidential member is, or is expected to be, absent from duty, the Governor-General may appoint a person qualified to be appointed as a member of the Tribunal other than a presidential member to act as such a member during the absence from duty of the member.
(4) Where a person has been appointed under sub-section (2) or (3), the Governor-General may, by reason of pending proceedings or other special circumstances, direct, before the absent member of the Tribunal resumes duty, that the person so appointed shall continue to act under the appointment after the resumption of duty by the absent member until the Governor-General terminates the appointment, but a person shall not continue to act as a member of the Tribunal by virtue of this sub-section for more than 12 months after the resumption of duty by the absent member.
(5) Where a person has been appointed under this section to act as a member of the Tribunal during the absence from duty of a member of the Tribunal, and that member ceases to hold office without having resumed duty, the period of appointment of the person so appointed shall be deemed to continue until it is terminated by the Governor-General, or until the expiration of 12 months from the date on which the absent member ceases to hold office, whichever first happens.
Suspension and removal of members of Tribunal.
35. (1) The Governor-General may suspend a member of the Tribunal from office on the ground of misbehaviour or physical or mental incapacity.
(2) The Attorney-General shall cause a statement of the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of the House after the suspension.
(3) Where such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the member of the Tribunal should be restored to office and, if each House so passes a resolution, the Governor-General shall terminate the suspension.
(4) If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Governor-General may remove the member of the Tribunal from office.
(5) If a member of the Tribunal becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds
with his creditors or makes an assignment of his remuneration for their benefit, the Governor-General shall remove him from office.
(6) A member of the Tribunal shall not be removed from office except as provided by this section.
(7) A presidential member of the Tribunal ceases to hold office if he no longer holds office as a person referred to in paragraph 31 (1) (a) or (b).
36. A member of the Tribunal may resign his office by writing signed by him and delivered to the Governor-General.
Constitution of Tribunal for particular matters.
37. The Tribunal shall, for the purpose of hearing and determining proceedings, be constituted by a Division of the Tribunal consisting of a presidential member of the Tribunal and two members of the Tribunal who are not presidential members.
Validity of determinations.
38. The validity of a determination of the Tribunal shall not be affected or called in question by reason of any defect or irregularity in the constitution of the Tribunal.
39. The President may give directions as to the arrangement of the business of the Tribunal and the constitution of Divisions of the Tribunal.
Disclosure of financial interests of members of Tribunal.
40. (1) When a member of the Tribunal, other than a presidential member, is informed by the President that the President proposes that the member shall be a member of a Division of the Tribunal in any proceedings, the member shall, to the best of his knowledge, disclose to the President any direct or indirect pecuniary interest that the member has in any business carried on in Australia, or in any body corporate carrying on any such business, being an interest that could be in conflict with his duties as a member of the Tribunal in those proceedings.
(2) Where an interest is so disclosed to the President and-
(a) in the case of an interest in a business-the person carrying on the business; or
(b) in the case of an interest in a body corporate-that body corporate,
is concerned in the proceedings, the President shall cause the interest to be disclosed to the public.
Presidential member to preside.
41. The presidential member who is a member of a Division shall preside at proceedings of that Division.
Decision of questions.
42. (1) A question of law arising in a matter before a Division of the Tribunal (including the question whether a particular question is one of law) shall be determined in accordance with the opinion of the presidential member presiding.
(2) Subject to sub-section (1), a question arising in proceedings before a Division of the Tribunal shall be determined in accordance with the opinion of a majority of the members constituting the Division.
Member of Tribunal ceasing to be available.
43. (1) This section applies where the hearing of any proceedings has been commenced or completed by the Tribunal but, before the matter to which the proceedings relate has been determined, one of the members constituting the Tribunal for the purposes of the proceedings has ceased to be a member of the Tribunal or has ceased to be available for the purposes of the proceedings.
(2) Where the President is satisfied that this section applies in relation to proceedings, the president may direct that a specified member of the Tribunal shall take the place of the member referred to in sub-section (1) for the purposes of the proceedings.
(3) Where this section applies in relation to proceedings that were being dealt with before the Tribunal, the President may, instead of giving a direction under sub-section (2), direct that the hearing and determination, or the determination, of the proceedings be completed by the Tribunal constituted by the members other than the member referred to in sub-section (1).
(4) Where the President has given a direction under sub-section (3), he may, at any time before the determination of the proceedings, direct that a third member be added to the Tribunal as constituted in accordance with sub-section (3).
(5) The Tribunal as constituted in accordance with any of the provisions of this section for the purposes of any proceedings may have regard to any record of the proceedings before the Tribunal as previously constituted.
Staff of Tribunal.
44. (1) There shall be a Registrar of the Tribunal and such Deputy Registrars of the Tribunal as are appointed in accordance with this section.
(2) The Registrar and the Deputy Registrars shall be appointed by the Attorney-General and shall have such duties and functions as are provided by this Act and the regulations and such other duties and functions as the President directs.
(3) The Registrar and the Deputy Registrars, and the staff necessary to assist them, shall be persons appointed or employed under the Public Service Act 1922-1973.
TRADE PRACTICES ACT 1974 No. 51, 1974 - PART IV
Contracts, arrangements or understandings in restraint of trade or commerce.
45. (1) A contract in restraint of trade or commerce that was made before the commencement of this sub-section is unenforceable in so far as it confers rights or benefits or imposes duties or obligations on a corporation.
(2) A corporation shall not-
(a) make a contract or arrangement, or enter into an understanding, in restraint of trade or commerce; or
(b) give effect to a contract, arrangement or understanding to the extent that it is in restraint of trade or commerce, whether the contract or arrangement was made or the understanding was entered into before or after the commencement of this sub- section.
(3) A contract, arrangement or understanding having the purpose or effect of fixing, controlling or maintaining the price for, or any discount, allowance or rebate in relation to, any goods or services supplied by the parties to the contract, arrangement or understanding, or by any of them, in competition with each other to persons not being parties to the contract, arrangement or understanding is not in restraint of trade or commerce for the purposes of this Act if the restraint has such a slight effect on competition between the parties to the contract, arrangement or understanding, and on competition between those parties or any of them and other persons, as to be insignificant.
(4) A contract, arrangement or understanding that is not of the kind referred to in sub-section (3) is not in restraint of trade or commerce for the purposes of this Act unless the restraint has or is likely to have a significant effect on competition between the parties to the contract, arrangement or understanding or on competition between those parties or any of them and other persons.
(5) This section does not apply to a contract, arrangement or understanding in so far as-
(a) the contract, arrangement or understanding is of a kind referred to in sub-section 47 (2) or constitutes the practice of exclusive dealing as mentioned in sub-section 47 (3) or (4); or
(b) the contract, arrangement or understanding is prohibited by section 48 or would be prohibited by that section if this Act defined the acts constituting the practice of resale price maintenance by reference to the maximum price at which goods are to be sold.
(6) This section does not apply to a contract in so far as the contract provides for the acquisition of shares in the capital, or of assets, of a body corporate, being an acquisition that does not constitute a contravention of section 50 by reason that an authorization is in force in respect of the acquisition or by reason of the operation of section 94.
(7) This section does not apply to a contract, arrangement or understanding the only parties to which are two or more bodies corporate that are related to each other.
(8) The making by a corporation of a contract in relation to which sub-section 88 (1) applies is not a contravention of sub-section (2) if-
(a) the contract is subject to a condition that the contract will not come into force unless and until-
(i) the corporation is granted an authorization to continue to be a party to the contract; or
(ii) the Commission gives a notice in writing to the corporation under sub-section 92 (2) in relation to the contract; and
(b) the corporation either applies for the grant of such an authorization, or gives a notice to the Commission under sub-section 92 (1) in relation to the contract, within 7 days after the contract is made,
but nothing in this sub-section prevents the giving effect by a corporation to such a contract from constituting a contravention of sub-section (2).
Monopolization.
46. (1) A corporation that is in a position substantially to control a market for goods or services shall not take advantage of the power in relation to that market that it has by virtue of being in that position-
(a) to eliminate or substantially to damage a competitor in that market or in another market;
(b) to prevent the entry of a person into that market or into another market; or
(c) to deter or prevent a person from engaging in competitive behaviour in that market or in another market.
(2) For the purposes of this section, a corporation shall be deemed to be in a position substantially to control a market for goods or services if that corporation and any related corporation or related corporations are together in a position substantially to control that market.
(3) For the purposes of this section, a reference to a corporation being in a position substantially to control a market for goods or services includes a reference to a corporation which, by reason of its share of the market, or of its share of the market combined with availability of technical knowledge, raw materials or capital, has the power to determine the prices, or control the production or distribution, of a substantial part of the goods or services in that market.
(4) This section does not prevent a corporation from-
(a) engaging, during the period of 4 months immediately following the date fixed under sub-section 2 (3), in conduct that is of a kind referred to in sub-section 45 (2) or 47 (1) but to which that sub-section does not apply by reason of the fact that the conduct is engaged in before the expiration of that period; or
(b) engaging, after the expiration of that period, in conduct that does not constitute a contravention of any of the following sections, namely, sections 45, 47 and 50, by reason that an authorization is in force in respect of the conduct or by reason of the operation of section 92, 93 or 94.
Exclusive dealing.
47. (1) Subject to this section, a corporation shall not, in trade or commerce, engage in the practice of exclusive dealing.
(2) A corporation engages in the practice of exclusive dealing if the corporation-
(a) supplies any goods or services;
(b) charges a price for the supply of any goods or services; or
(c) gives or allows a discount, allowance, rebate or credit in relation to the supply of any goods or services,
on the condition, or subject to a contract, arrangement or understanding, that the person to whom the corporation supplies the goods or services-
(d) will not, or will to a limited extent only, acquire goods or services from a competitor of the corporation; or
(e) in the case where the corporation supplies goods-
(i) will not, or will to a limited extent only, supply any of the goods to particular persons or to persons included in a particular class of persons; or
(ii) will not, or will to a limited extent only, in particular places supply any of the goods to other persons.
(3) A corporation also engages in the practice of exclusive dealing if the corporation requires, as a condition of the supply to a person of goods or services of a kind that it could not lawfully supply but for the issue or grant to the corporation of a licence, permit, authority or registration under a law of Australia, that the person acquire all or a part of his requirements of other goods or services directly or indirectly from the corporation.
(4) A corporation also engages in the practice of exclusive dealing if the corporation requires, as a condition of the supply to a person of goods or services, that the person acquire all or a part of his requirements of other goods or services directly or indirectly from a second person.
(5) Sub-section (1) does not apply to the practice of exclusive dealing constituted by a corporation engaging in conduct of a kind referred to in sub-section (2) unless the engaging by the corporation in that conduct is likely to have the effect of substantially lessening competition in a market for goods or services.
(6) This section does not apply with respect to any conduct engaged in by a body corporate by way of restricting dealings by another body corporate if those bodies corporate are related to each other.
Resale price maintenance.
48. A corporation or other person shall not engage in the practice of resale price maintenance.
Price discrimination.
49. (1) A corporation shall not, in trade or commerce, discriminate between purchasers of goods of like grade and quality in relation to-
(a) the prices charged for the goods;
(b) any discounts, allowances, rebates or credits given in relation to the supply of the goods;
(c) the provision of services or facilities in respect of the goods; or
(d) the making of payments for services or facilities provided in respect of the goods,
if the discrimination is of such magnitude or is of such a recurring or systematic character that it is likely to have the effect of substantially lessening competition in a market for goods, being a market in which the corporation supplies, or those persons supply, goods.
(2) Sub-section (1) does not apply in relation to a discrimination if-
(a) the discrimination makes only reasonable allowance for differences in the cost or likely cost of manufacture, distribution, sale or delivery resulting from the differing places to which, methods by which or quantities in which the goods are supplied to the purchasers; or
(b) the discrimination is constituted by the doing of an act in good faith to meet a price or benefit offered by a competitor of the supplier.
(3) In any proceeding for a contravention of sub-section (1), the onus of establishing that that sub-section does not apply in relation to a discrimination by reason of sub-section (2) is on the party asserting that sub-section (1) does not so apply.
(4) A person shall not, in trade or commerce-
(a) knowingly induce or attempt to induce a corporation to discriminate in a manner prohibited by sub-section (1); or
(b) enter into any transaction that to his knowledge would result in his receiving the benefit of a discrimination that is prohibited by that sub-section.
(5) In any proceeding against a person for a contravention of sub-section (4), it is a defence if that person establishes that he reasonably believed that, by reason of sub-section (2), the discrimination concerned was not prohibited by sub-section (1).
Mergers.
50. (1) A corporation shall not acquire, directly or indirectly, any shares in the capital, or any assets, of a body corporate where the acquisition is likely to have the effect of substantially lessening competition in a market for goods or services.
(2) This section does not apply to an acquisition of assets of a body corporate in the ordinary course of business.
(3) Where-
(a) a corporation has entered into a contract to acquire shares in the capital, or assets, of a body corporate;
(b) the contract is subject to a condition that the contract will not come into force unless and until-
(i) the corporation is granted an authorization to acquire the shares or assets; or
(ii) sub-section 94 (3) applies in relation to the acquisition of the shares or assets; and
(c) the corporation applied for the grant of such an authorization, or gave a notice of the proposed acquisition to the Commission under sub-section 94 (1), before the expiration of 7 days after the contract was entered into or the expiration of 14 days after the commencing date, whichever was the later,
an aquisition of the shares or assets shall not be regarded for the purposes of this Act as having taken place in pursuance of the contract before-
(d) in a case where the corporation applied for the grant of an authorization-the application for the authorization is disposed of;
(e) in a case where the corporation gave a notice to the Commission under
sub-section 94 (1)-
(i) the Commission gives notice to the corporation as mentioned in paragraph 94 (3) (a); or
(ii) a period of 30 days elapses after the corporation gave the notice to the Commission; or
(f) the contract ceases to be subject to the condition,
whichever first happens.
(4) For the purposes of sub-section (3), an application for an authorization shall be taken to be disposed of-
(a) in a case to which paragraph (b) of this sub-section does not apply-at the expiration of 14 days after the period in which an application may be made to the Tribunal for a review of the determination by the Commission of the application for the authorization; or
(b) if an application is made to the Tribunal for a review of the determination by the Commission of the application for the authorization-at the expiration of 14 days after the date of the making by the Tribunal of a determination on the review.
Exceptions.
51. (1) In determining whether a contravention of a provision of this Part has been committed, regard shall not be had-
(a) to any act or thing that is, or is of a kind, specifically authorized or approved by, or by regulations under, an Act other than an Act relating to patents, trade marks, designs or copyrights;
(b) in the case of acts or things done in a State-except as provided by the regulations, to any act or thing that is, or is of a kind, specifically authorized or approved by, or by regulations under, an Act passed by the Parliament of that State; or
(c) in the case of acts or things done in a Territory-to any act or thing that is, or is of a kind, specifically authorized or approved by, or by regulations under, an Ordinance of that Territory.
(2) In determining whether a contravention of a provision of this Part other than section 48 has been committed, regard shall not be had-
(a) to any act done, or to any provision of a contract, in relation to the remuneration, conditions of employment, hours of work or working conditions of employees, or to any act done by employees or by an organisation of employees not being an act done in the course of the carrying on of a business of the employer of those employees or of a business of that organisation;
(b) to any provision of a contract, being a contract of service or a contract for the provision of services, under which a person, not being a body corporate, agrees to accept restrictions as to the work, whether as an employee or otherwise, in which he may engage during, or after the termination of, the contract;
(c) to any provision of a contract, or any arrangement or understanding, obliging a person to comply with or apply standards of dimension, design, quality or performance prepared or approved by the Standards Association of Australia or by a prescribed association or body;
(d) to any provision of a contract, or any arrangement or understanding, between partners none of whom is a body corporate in relation to the terms of the partnership or the conduct of the partnership business or in relation to competition between the partnership and a party to the contract, arrangement or understanding while he is, or after he ceases to be, a partner;
(e) in the case of a contract for the sale of a business or of shares in the capital of a body corporate carrying on a business-to any provision of the contract that is solely for the protection of the purchaser in respect of the goodwill of the business;
(f) to any acts done, otherwise than in the course of trade or commerce, in concert by ultimate users or consumers of goods or services against the suppliers of those goods or services; or
(g) to any act or thing that relates exclusively to the export of goods from Australia or to the supply of services outside Australia, being an act or thing done in pursuance of an agreement of which full and accurate particulars were furnished to the Commission before the act or thing was done.
(3) In determining whether a contravention of a provision of this Part other than section 46 or 48 has been committed, regard shall not be had-
(a) in the case of a contract for or in respect of-
(i) a licence granted or to be granted by the proprietor, licensee or owner of a patent, a registered design or a copyright or by a person who has applied for a patent or for the registration of a design; or
(ii) an assignment of a patent, a registered design or a copyright or of the right to apply for a patent or for the registration of a design,
to any condition of the licence or assignment relating exclusively to-
(iii) the invention to which the patent or application for a patent relates or articles made by the use of that invention;
(iv) goods in respect of which the design is or is proposed to be registered and to which it is applied; or
(v) the work or other subject matter in which the copyright subsists;
(b) in the case of a contract authorizing the use of a certification trade mark-to any provision included in the contract in accordance with rules applicable under Part XI of the Trade Marks Act 1955-1973; or
(c) in the case of a contract between the registered proprietor of a trade mark other than a certification trade mark and a person authorized by the contract to use the trade mark subject to registration as a registered user under Part IX of the Trade Marks Act 1955-1973-to any provision of the contract with respect to the kinds, qualities or standards of goods bearing the mark that may be produced or supplied.
TRADE PRACTICES ACT 1974 No. 51, 1974 - PART V
PART V-CONSUMER PROTECTION
TRADE PRACTICES ACT 1974 No. 51, 1974 - Division 1
Misleading or deceptive conduct.
52. (1) A corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive.
(2) Nothing in the succeeding provisions of this Division shall be taken as limiting by implication the generality of sub-section (1).
False representations.
53. A corporation shall not, in trade or commerce, in connexion with the supply or possible supply of goods or services or in connexion with the promotion by any means of the supply or use of goods or services-
(a) falsely represent that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model;
(b) falsely represent that goods are new;
(c) represent that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits they do not have;
(d) represent that the corporation has a sponsorship, approval or affiliation it does not have;
(e) make false or misleading statements concerning the existence of, or amounts of, price reductions;
(f) make false or misleading statements concerning the need for any goods, services, replacements or repairs; or
(g) make false or misleading statements concerning the existence or effect of any warranty or guarantee.
Offering gifts and prizes.
54. A corporation shall not, in trade or commerce, in connexion with the supply or possible supply of goods or services or in connexion with the promotion by any means of the supply or use of goods or services, offer gifts, prizes or other free items with the intention of not providing them as offered.
Misleading conduct to which Industrial Property Convention applies.
55. A person shall not, in trade or commerce, engage in conduct that is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose or the quantity of any goods.
Bait advertising.
56. A corporation shall not, in trade or commerce, advertise for supply at a special price goods or services that the corporation does not intend to offer for supply at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the corporation carries on business and the nature of the advertisement.
Referral selling.
57. A corporation shall not, in trade or commerce, induce a consumer to acquire goods or services by representing that the consumer will, after the contract for the acquisition of the goods or services is made, receive a rebate, commission or other benefit in return for giving the corporation the names of prospective customers or otherwise assisting the corporation to supply goods or services to other consumers, if receipt of the rebate, commission or other benefit is contingent on an event occurring after that contract is made.
Accepting payment without intending to supply as ordered.
58. A corporation shall not, in trade or commerce, accept payment or other consideration for goods or services where at the time of the acceptance it intends-
(a) not to supply the goods or services; or
(b) to supply goods or services materially different from the goods or services in respect of which the payment or other consideration is accepted.
Misleading statements about home-operated businesses.
59. A corporation shall not, in trade or commerce, make a false or misleading statement concerning the profitability or risk or any other material aspect of any business activity that the corporation has represented as one that can be, or can be to a considerable extent, carried on at a person's place of residence.
Coercion at place of residence.
60. A corporation shall not cause or permit a servant or agent of the corporation to use, at a place of residence, physical force, undue harassment or coercion in connexion with the supply or possible supply of goods or services to a consumer or the payment for goods or services by a consumer.
Pyramid selling.
61. (1) A corporation contravenes this section if-
(a) the corporation is the promoter of, or (if there are more than one) one of the promoters of, or is a participant in, a trading scheme to which this section applies; and
(b) a person who is a participant in that trading scheme, or has applied or been invited to become a participant in that trading scheme, makes any payment to or for the benefit of the corporation, being a payment that he is induced to make by reason that the prospect is held out to him of receiving payments or other benefits in respect of the introduction (whether by himself or by another person) of other persons who become participants in that trading scheme.
(2) A corporation also contravenes this section if-
(a) the corporation is the promoter of, or (if there are more than one) one of the promoters of, is a participant in, or is otherwise acting in accordance with, a trading scheme to which this section applies; and
(b) the corporation, by holding out to any person the prospect of receiving payments or other benefits in respect of the introduction (whether by himself or by another person) of other persons who become participants in that trading scheme, attempts to induce that person-
(i) if he is already a participant in that trading scheme, to make any payment to or for the benefit of the promoter or any of the promoters or to or for the benefit of a participant in that trading scheme; or
(ii) if he is not already a participant in that trading scheme, to become such a participant and to make a payment of a kind mentioned in sub-paragraph (i).
(3) For the purposes of sub-section (1) or (2)-
(a) a prospect of a kind mentioned in that sub-section shall be taken to be held out to a person whether it is held out so as to confer on him a legally enforceable right or not;
(b) in determining whether an inducement or attempt to induce is made by holding out a prospect of a kind mentioned in that sub-section, it is sufficient if a prospect of that kind constitutes or would constitute a
substantial part of the inducement; and
(c) any reference to the making of a payment to or for the benefit of a person shall be construed as including the making of a payment partly to or for the benefit of that person and partly to or for the benefit of one or more other persons.
(4) For the purposes of this section, a scheme is a trading scheme to which this section applies if the scheme includes the following elements:-
(a) goods or services, or both, are to be provided by the person promoting the scheme (in this section referred to as the "promoter") or, in the case of a scheme promoted by two or more persons acting in concert (in this section referred to as the "promoters"), are to be provided by one or more of those persons; and
(b) the goods or services so provided are to be supplied to or for other persons under transactions effected by persons (other than the promoter or any of the promoters) who participate in the scheme (each of whom is in this section referred to as a "participant").
(5) For the purposes of sub-section (4)-
(a) a scheme shall be taken to include the element referred to in paragraph (4) (b) whether the transactions referred to in that paragraph are to be effected by participants in the capacity of servants or agents of the promoter or of one of the promoters or in any other capacity;
(b) a scheme includes any arrangements made in connexion with the carrying on of a business, whether those arrangements are made or recorded wholly or partly in writing or not; and
(c) any reference to the provision of goods or services by a person shall be construed as including a reference to the provision of goods or services under arrangements to which that person is a party.
Product safety standards.
62. (1) A corporation shall not, in trade or commerce, supply goods that are intended to be used, or are of a kind likely to be used, by a consumer, being goods of a kind in respect of which a consumer product safety standard has been prescribed, if those goods do not comply with that standard.
(2) The regulations may, in respect of goods of a particular kind, prescribe a consumer product safety standard consisting of such requirements as to-
(a) performance, composition, contents, design, construction, finish or packaging of the goods; and
(b) the form and content of markings, warnings or instructions to accompany the goods,
as are reasonably necessary to prevent or reduce risk of injury to persons using the goods.
(a) the supplying of goods by a corporation constitutes a contravention of this section by reason that the goods do not comply with a prescribed consumer product safety standard;
(b) a person suffers loss or damage by reason of a defect in the goods or by reason of his not having particular information in relation to the goods; and
(c) the person would not have suffered the loss or damage if the goods had complied with that standard,
the person shall be deemed for the purposes of this Act to have suffered the loss or damage by the supplying of the goods.
Product information standards.
63. (1) A corporation shall not, in trade or commerce, supply goods that are intended to be used, or are of a kind likely to be used, by a consumer, being goods of a kind in respect of which a consumer product information standard has been prescribed, unless the corporation has complied with that standard in relation to those goods.
(2) The regulations may, in respect of goods of a particular kind, prescribe a consumer product information standard consisting of such requirements as to-
(a) the disclosure of information relating to the performance, composition, contents, design, construction, finish or packaging of the goods; and
(b) the form and manner in which that information is to be disclosed on or with the goods,
as are reasonably necessary to give persons using the goods accurate
information as to the quantity, quality, nature or value of the goods.
(a) the supplying of goods by a corporation constitutes a contravention of this section by reason that the corporation has not complied with a prescribed consumer product information standard in relation to the goods;
(b) a person suffers loss or damage by reason of his not having particular information in relation to the goods; and
(c) the person would not have suffered the loss or damage if the corporation had complied with that standard in relation to the goods,
the person shall be deemed, for the purposes of this Act, to have suffered the loss or damage by the supplying of the goods.
Assertion of right to payment for unsolicited goods or for making entry in directory.
64. (1) A corporation shall not, in trade or commerce, assert a right to payment from a person for unsolicited goods unless the corporation has reasonable cause to believe that there is a right to payment.
(2) Sub-section (1) does not apply in relation to the assertion of a right to payment from a person for unsolicited goods if the person ordinarily uses like goods in the course of his profession, business, trade or occupation.
(3) A corporation shall not assert a right to payment from any person of a charge for the making in a directory of an entry relating to the person or to his profession, business, trade or occupation unless the corporation knows or has reasonable cause to believe that the person has authorized the making of the entry.
(4) A person is not liable to make any payment to a corporation, and is entitled to recover by action in a court of competent jurisdiction against a corporation any payment made by the person to the corporation, in full or part satisfaction of a charge for the making of an entry in a directory unless the person has authorized the making of the entry.
(5) For the purposes of this section, a corporation shall be taken to assert a right to a payment from a person for unsolicited goods or of a charge for the making of an entry in a directory if the corporation-
(a) makes a demand for the payment or asserts a present or prospective right to the payment;
(b) threatens to bring any legal proceedings with a view to obtaining the payment;
(c) places or causes to be placed the name of the person on a list of defaulters or debtors, or threatens to do so, with a view to obtaining the payment;
(d) invokes or causes to be invoked any other collection procedure, or threatens to do so, with a view to obtaining the payment; or
(e) sends any invoice or other document stating the amount of the payment or setting out the price of the goods or the charge for the making of the entry and not stating as prominently (or more prominently) that no claim is made to the payment, or to payment of the price or charge, as the case may be.
(6) A person shall not be taken for the purposes of this section to have authorized the making of an entry in a directory unless-
(a) a document authorizing the making of the entry has been signed by the person or by another person authorized by him;
(b) a copy of the document has been given to the person before the right to payment of a charge for the making of the entry is asserted; and
(c) the document specifies-
(i) the name of the directory;
(ii) the name and address of the person publishing the directory;
(iii) particulars of the entry; and
(iv) the amount of the charge for the making of the entry or the basis on which the charge is, or is to be, calculated.
(7) For the purposes of this section, an invoice or other document purporting to have been sent by or on behalf of a corporation shall be deemed to have been sent by that corporation unless the contrary is established.
(8) Sub-sections (3) and (4) do not apply to or in relation to a payment if the payment relates to-
(a) a contract that was made before the commencing date; or
(b) a contract that is made on or after that date by reason of the acceptance after that date of an offer that was made before that date.
(9) In a proceeding against a corporation in respect of a contravention of this section-
(a) in the case of a contravention constituted by asserting a right to payment from a person for unsolicited goods-the burden lies on the corporation of proving that the corporation had reasonable cause to believe that there was a right to payment; or
(b) in the case of a contravention constituted by asserting a right to payment from a person of a charge for the making of an entry in a directory-the burden lies on the corporation of proving that the corporation knew or had reasonable cause to believe that the person had authorized the making of the entry.
(10) In this section-
"directory" includes any publication of a similar nature to a directory but does not include a newspaper published in good faith as a newspaper at regular intervals or a publication published, or to be published, by or under the authority of the Postmaster-General;
"making", in relation to an entry in a directory, means including, or arranging for the inclusion of, the entry.
Liability of recipient of unsolicited goods.
65. (1) A person to whom unsolicited goods are supplied by a corporation, in trade or commerce, is not liable to make any payment for the goods and is not liable for the loss of or damage to the goods other than loss or damage resulting from the doing by him of a wilful and unlawful act in relation to the goods during the period specified in sub-section (4).
(2) Subject to sub-section (3), where, on or after the commencing date, a corporation sends, in trade or commerce, unsolicited goods to a person-
(a) neither the corporation nor any person claiming under the corporation is entitled after the expiration of the period specified in sub-section (4) to take action for the recovery of the goods from the person to whom the goods were sent; and
(b) upon the expiration of that period the goods become, by force of this section, the property of the person to whom the goods were sent freed and discharged from all liens and charges of any description.
(3) Sub-section (2) does not apply to or in relation to unsolicited goods sent to a person if-
(a) the person has at any time during the period specified in sub-section (4) unreasonably refused to permit the sender or the owner of the goods to take possession of the goods;
(b) the sender or the owner of the goods has within that period taken possession of the goods; or
(c) the goods were received by the person in circumstances in which the person knew, or might reasonably be expected to have known, that the goods were not intended for him.
(4) The period referred to in the foregoing sub-sections is-
(a) if the person who receives the unsolicited goods gives notice with respect to the goods to the sender in accordance with sub-section (5)-
(i) the period of 1 month next following the day on which the notice is given; or
(ii) the period of 3 months next following the day on which the person received the goods,
whichever first expires; and
(b) in any other case-the period of 3 months next following the day on which the person received the goods.
(5) A notice under sub-section (4) shall be in writing and shall-
(a) state the name and address of the person who received the goods;
(b) state the address at which possession may be taken of the goods if it is an address other than that of the person; and
(c) contain a statement to the effect that the goods are unsolicited
(6) This section does not apply in relation to a person who receives unsolicited goods if the person ordinarily uses like goods in the course of his profession, business, trade or occupation.
66. (1) In this Division-
(a) a reference to the quality of goods includes a reference to the state or condition of the goods;
(b) a reference to a contract does not include a reference to a contract made before the commencing date;
(c) a reference to antecedent negotiations in relation to a contract for the supply by a corporation of goods to a consumer is a reference to any negotiations or arrangements conducted or made with the consumer by another person in the course of a business carried on by the other person whereby the consumer was induced to make the contract or which otherwise promoted the transaction to which the contract relates; and
(d) a reference to the person by whom any antecedent negotiations were conducted is a reference to the person by whom the negotiations or arrangements concerned were conducted or made.
(2) Goods of any kind are of merchantable quality within the meaning of this Division if they are as fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances.
Conflict of laws.
67. Where-
(a) the proper law of a contract for the supply by a corporation of goods or services to a consumer would, but for a term that it should be the law of some other country or a term to the like effect, be the law of any part of Australia; or
(b) a contract for the supply by a corporation of goods or services to a consumer contains a term that purports to substitute, or has the effect of substituting, provisions of the law of some other country or of a State or Territory for all or any of the provisions of this Division,
this Division applies to the contract notwithstanding that term.
Application of Division to contracts not to be excluded or modified.
68. (1) Any term of a contract for the supply by a corporation of goods or services to a consumer (including a term that is not set out in the contract but is incorporated in the contract by another term of the contract) that purports to exclude, restrict or modify or has the effect of excluding, restricting or modifying-
(a) the application in relation to that contract of all or any of the provisions of this Division;
(b) the exercise of a right conferred by such a provision; or
(c) any liability of the corporation for breach of a condition or warranty implied by such a provision,
is void.
(2) A term of a contract shall not be taken to exclude, restrict or modify the application of a provision of this Division unless the term does so expressly or is inconsistent with that provision.
Implied undertakings as to title, encumbrances and quiet possession.
69. (1) In every contract for the supply of goods by a corporation to a consumer, other than a contract to which sub-section (3) applies, there is-
(a) an implied condition that, in the case of a supply by way of sale, the supplier has a right to sell the goods, and, in the case of an agreement to sell or a hire-purchase agreement, the supplier will have a right to sell the goods at the time when the property is to pass;
(b) an implied warranty that the consumer will enjoy quiet possession of the goods except so far as it may lawfully be disturbed by the supplier or by another person who is entitled to the benefit of any charge or encumbrance disclosed or known to the consumer before the contract is made; and
(c) in the case of a contract for the supply of goods under which the
property is to pass or may pass to the consumer-an implied warranty that the goods are free, and will remain free until the time when the property passes, from any charge or encumbrance not disclosed or known to the consumer before the contract is made.
(2) A corporation is not, in relation to a contract for the supply of goods, in breach of the implied warranty referred to in paragraph (1) (c) by reason only of the existence of a floating charge over assets of the corporation unless and until the charge becomes fixed and enforceable by the person to whom the charge is given.
(3) In a contract for the supply of goods by a corporation to a consumer in the case of which there appears from the contract or is to be inferred from the circumstances of the contract an intention that the supplier should transfer only such title as he or a third person may have, there is-
(a) an implied warranty that all charges or encumbrances known to the supplier and not known to the consumer have been disclosed to the consumer before the contract is made; and
(b) an implied warranty that-
(i) the supplier;
(ii) in a case where the parties to the contract intend that the supplier should transfer only such title as a third person may have-that person; and
(iii) anyone claiming through or under the supplier or that third person otherwise than under a charge or encumbrance disclosed or known to the consumer before the contract is made,
will not disturb the consumer's quiet possession of the goods.
Supply by description.
70. (1) Where there is a contract for the supply (otherwise than by way of sale by auction or sale by competitive tender) by a corporation in the course of a business of goods to a consumer by description, there is an implied condition that the goods will correspond with the description, and, if the supply is by reference to a sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
(2) A supply of goods is not prevented from being a supply by description for the purposes of sub-section (1) by reason only that, being exposed for sale or hire, they are selected by the consumer.
Implied undertakings as to quality or fitness.
71. (1) Where a corporation supplies (otherwise than by way of sale by auction or sale by competitive tender) goods to a consumer in the course of a business, there is an implied condition that the goods supplied under the contract for the supply of the goods are of merchantable quality, except that there is no such condition by virtue only of this section-
(a) as regards defects specifically drawn to the consumer's attention before the contract is made; or
(b) if the consumer examines the goods before the contract is made, as regards defects which that examination ought to reveal.
(2) Where a corporation supplies (otherwise than by way of sale by auction or sale by competitive tender) goods to a consumer in the course of a business and the consumer, expressly or by implication, makes known to the corporation or to the person by whom any antecedent negotiations are conducted any particular purpose for which the goods are being acquired, there is an implied condition that the goods supplied under the contract for the supply of the goods are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the consumer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the corporation or of that person.
(3) Sub-sections (1) and (2) apply to a contract for the supply of goods made by a person who in the course of a business is acting as agent for a corporation as they apply to a contract for the supply of goods made by a corporation in the course of a business, except where that corporation is not supplying in the course of a business and either the consumer knows that fact or reasonable steps are taken to bring it to the notice of the consumer before the contract is made.
Supply by sample.
72. Where in a contract for the supply (otherwise than by way of sale by auction or sale by competitive tender) by a corporation in the course of a business of goods to a consumer there is a term in the contract, expressed or implied, to the effect that the goods are supplied by reference to a sample-
(a) there is an implied condition that the bulk will correspond with the sample in quality;
(b) there is an implied condition that the consumer will have a reasonable opportunity of comparing the bulk with the sample; and
(c) there is an implied condition that the goods will be free from any defect, rendering them unmerchantable, that would not be apparent on reasonable examination of the sample.
Liability for loss or damage from breach of certain contracts.
(a) a corporation (in this section referred to as the "owner") enters into a contract for the supply by way of lease, hire or hire-purchase of goods to a consumer;
(b) antecedent negotiations in relation to the contract were conducted with the consumer by or on behalf of another corporation that is not related to the owner;
(c) the other corporation supplied the goods, or caused the goods to be supplied, to the owner;
(d) the owner did not take physical possession of the goods before they were delivered to the consumer; and
(e) the consumer suffers loss or damage as a result of a breach of a condition that is implied in the contract by virtue of section 70, 71 or 72,
the owner is not under any liability to the consumer by reason of the breach of that condition but the consumer may recover the amount of the loss or damage by action in a court of competent jurisdiction against the other corporation.
Warranties in relation to the supply of services.
74. (1) In every contract for the supply (otherwise than by way of competitive tender) by a corporation in the course of a business of services to a consumer there is an implied warranty that the services will be rendered with due care and skill and that any materials supplied in connexion with those services will be reasonably fit for the purpose for which they are supplied.
(2) Where a corporation supplies (otherwise than by way of competitive tender) services to a consumer in the course of a business and the consumer, expressly or by implication, makes known to the corporation any particular purpose for which the services are required or the result that he desires the services to achieve, there is an implied warranty that the services supplied under the contract for the supply of the services and any materials supplied in connexion with those services will be reasonably fit for that purpose or are of such a nature and quality that they might reasonably be expected to achieve that result, except where the circumstances show that the consumer does not rely, or that it is unreasonable for him to rely, on the corporation's skill or judgment.
(3) In this section, "services" means services by way of-
(a) the construction, maintenance, repair, treatment, processing, cleaning or alteration of goods or of fixtures on land;
(b) the alteration of the physical state of land;
(c) the distribution of goods; or
(d) the transportation of goods.
Saving of other laws and remedies.
75. (1) Except as provided by sub-section (2), this Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
(2) Where an act or omission of a person is both an offence against section 79 and an offence under the law of a State or Territory and that person is convicted of either of those offences, he is not liable to be convicted of the other of those offences.
(3) Except as expressly provided by this Part, nothing in this Part shall be taken to limit, restrict or otherwise affect any right or remedy a person would have had if this Part had not been enacted.
TRADE PRACTICES ACT 1974 No. 51, 1974 - PART VI
Pecuniary penalties.
76. If the Court is satisfied that a person-
(a) has contravened a provision of Part IV;
(b) has attempted to contravene such a provision;
(c) has aided, abetted, counselled or procured a person to contravene such a provision;
(d) has induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene such a provision;
(e) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or
(f) has conspired with others to contravene such a provision,
the Court may order the person to pay to Australia such pecuniary penalty (not exceeding $50,000 in the case of a person not being a body corporate, or $250,000 in the case of a body corporate, in respect of each act or omission by the person to which this section applies) as the Court determines to be appropriate having regard to all relevant matters including the nature and extent of the act or omission and of any loss or damage suffered as a result of the act or omission, the circumstances in which the act or omission took place and whether the person has previously been found by the Superior Court of Australia or the Australian Industrial Court in proceedings under this Part to have engaged in any similar conduct.
Civil action for recovery of pecuniary penalties.
77. (1) The Attorney-General or the Commission may institute a proceeding in the Court for the recovery on behalf of Australia of a pecuniary penalty referred to in section 76.
(2) A proceeding under sub-section (1) may be commenced within 6 years after the contravention.
Criminal proceedings not to be brought for contraventions of Part IV.
78. Criminal proceedings do not lie against a person by reason only that the person-
(f) has conspired with others to contravene such a provision.
Offences against Part V.
79. A person who contravenes a provision of Part V other than section 52 is guilty of an offence punishable on conviction-
(a) in the case of a person not being a body corporate-by a fine not exceeding $10,000 or by imprisonment for a period not exceeding 6 months; or
(b) in the case of a person being a body corporate-by a fine not exceeding $50,000.
Injunctions.
80. (1) The Court may, on the application of-
(a) the Attorney-General;
(b) the Commission; or
(c) any other person,
grant an injunction restraining a person from engaging in conduct that constitutes or would constitute-
(d) a contravention of a provision of Part IV or V;
(e) attempting to contravene such a provision;
(f) aiding, abetting, counselling or procuring a person to contravene such a provision;
(g) inducing, or attempting to induce, a person, whether by threats, promises or otherwise, to contravene such a provision;
(h) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or
(j) conspiring with others to contravene such a provision.
(2) Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under sub-section (1).
(3) The Court may rescind or vary an injunction granted under sub-section (1) or (2).
Divestiture.
81. If the Court finds that a corporation has contravened section 50, the Court, on the application of-
(c) if the proceeding in which the Court finds that the corporation has contravened that section was instituted by a person other than the Attorney-General or the Commission-that person,
may, by order, give directions for the purpose of securing the disposal by the corporation of all or any of the shares or assets acquired in contravention of that section.
Actions for damages.
82. (1) A person who suffers loss or damage by an act of another person that was done in contravention of a provision of Part IV or V may recover the amount of the loss or damage by action against that other person.
(2) An action under sub-section (1) may be commenced at any time within 3 years after the date on which the cause of action accrued.
Finding in proceedings to be evidence.
83. In proceedings against a person under section 82, a finding of any fact by the Court made in proceedings under section 77, 80 or 81, or for an offence against section 79, in which that person has been found to have contravened a provision of Part IV or V is prima facie evidence of that fact and the finding may be proved by production of a document under the seal of the court from which the finding appears.
Conduct by servants or agents of body corporate.
84. (1) Where, in a proceeding under this Part in respect of any conduct engaged in by a body corporate, being conduct in relation to which a provision of Part V applies, it is necessary to establish the intention of the body corporate, it is sufficient to show that a servant or agent of the body corporate by whom the conduct was engaged in had that intention.
(2) Any conduct engaged in on behalf of a body corporate by a director, agent or servant of the body corporate or by any other person at the direction or with the consent or agreement (whether express or implied) of a director, agent or servant of the body corporate shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.
Defences.
85. (1) Subject to sub-section (2), in a prosecution under this Part in relation to a contravention of a provision of Part V, it is a defence if the defendant establishes-
(a) that the contravention in respect of which the proceeding was instituted was due to a mistake, to reliance on information supplied by another person, to the act or default of another person, to an accident or to some other cause beyond his control; and
(b) that he took reasonable precautions and exercised due diligence to avoid the contravention.
(2) If a defence provided by sub-section (1) involves an allegation that a contravention was due to reliance on information supplied by another person or to the act or default of another person, the defendant is not, without leave of the Court, entitled to rely on that defence unless he has, not later than 7 days before the day on which the hearing of the proceeding commences, served on the person by whom the proceeding was instituted a notice in writing giving such information that would identify or assist in the identification of the other person as was then in his possession.
(3) In a proceeding under this Part in relation to a contravention of a provision of Part V committed by the publication of an advertisement, it is a defence if the defendant establishes that he is a person whose business it is to publish or arrange for the publication of advertisements and that he
received the advertisement for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to a contravention of a provision of that Part.
(4) In a proceeding under this Part in relation to a contravention of Part V committed by the supplying of goods that did not comply with a consumer product safety standard or in relation to which the supplier did not comply with a consumer product information standard, it is a defence if the defendant establishes-
(a) that the goods were acquired by him for the purpose of re-supply and were so acquired from a person who carried on in Australia a business of supplying such goods otherwise than as the agent of a person outside Australia; and
(b) that he did not know, and could not with reasonable diligence have ascertained, that the goods did not comply with that standard or that he had not complied with that standard in relation to the goods, as the case may be, or he relied in good faith on a representation by the person from whom he acquired the goods that a consumer product safety standard or a consumer product information standard, as the case may be, had not been prescribed in respect of the goods.
(5) A person is not, without leave of the Court, entitled to rely on the defence provided by sub-section (4) unless he has, not later than 7 days before the day on which the hearing of the proceeding commences, served on the person by whom the proceeding was instituted a notice in writing identifying the person from whom he acquired the goods.
(6) Where, in any proceedings against a person other than a body corporate under this Part, it appears to the Court that the person has or may have done an act in contravention of a provision of Part IV or an act referred to in paragraph 76 (b), (c), (d) or (e) but that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person either wholly or partly from liability to any penalty or damages on such terms as the Court thinks fit.
Jurisdiction of Court.
86. Jurisdiction is conferred on the Court to hear and determine actions, prosecutions and other proceedings under this Part and that jurisdiction is exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under section 75 of the Constitution.
Ancillary orders.
87. (1) Where in a proceeding instituted under or for an offence against this Part the Court finds that there has been a contravention of a provision of Part IV or V, the Court may, in addition to imposing a penalty under section 77 or 79, granting an injunction under section 80 or making an order under section 82 in an action for the recovery of the amount of any loss or damage, make such other orders as it thinks fit to redress injury to persons caused by any conduct to which the proceeding relates or any like conduct engaged in by the defendant.
(2) The orders that may be made under sub-section (1) include, but are not limited to-
(a) an order declaring the whole or any part of a contract or of a collateral arrangement relating to a contract to be void and, if the Court thinks fit, to have been void ab initio or at all times on and after such date before the date on which the order is made as is specified in the order;
(b) an order varying a contract or such an arrangement in such manner as is specified in the order and, if the Court thinks fit, declaring the contract or arrangement to have had effect as so varied on and after such date before the date on which the order is made as is so specified;
(c) an order directing the refund of money or the return of property; and
(d) an order directing the payment to a person who has suffered loss or damage of the amount of the loss or damage.
(a) a contract made before the expiration of the period referred to in sub-section 2 (4) is unenforceable by reason of section 45 in so far as it confers rights or benefits or imposes duties or obligations on a corporation; or
(b) the engaging in conduct by a corporation in pursuance of or in accordance with a contract made before the expiration of that period would constitute a contravention of section 47,
the Court may, on the application of a party to the contract, make an order-
(c) varying the contract, or a collateral arrangement relating to the
contract, in such manner as the Court considers just and equitable; or
(d) directing another party to the contract to do any act in relation to the first-mentioned party that the Court considers just and equitable.
(4) The orders that may be made under sub-section (3) include an order directing the termination of a lease or the increase or reduction of any rent or premium payable under a lease.
(5) The powers conferred on the Court under this section in relation to a contract do not affect any powers that any other court may have in relation to the contract in proceedings instituted in that other court in respect of the contract.
TRADE PRACTICES ACT 1974 No. 51, 1974 - PART VII
PART VII-AUTHORIZATIONS AND CLEARANCES IN RESPECT OF RESTRICTIVE TRADE PRACTICES
Power of Commission to grant authorizations.
88. (1) Subject to this Part, the Commission may, upon application by or on behalf of a corporation, grant an authorization to the corporation to make a contract or arrangement, or enter into an understanding, that would be or might be in restraint of trade or commerce or to continue to be a party to a contract, arrangement or understanding that is or may be in restraint of trade or commerce, and, while such an authorization remains in force-
(a) in the case of an authorization to make a contract or arrangement or to enter into an understanding-sub-section 45 (2) does not prevent the corporation from making the contract or arrangement or entering into the understanding in accordance with the authorization and giving effect to the contract or arrangement so made or the understanding so entered into;
(b) in the case of an authorization to continue to be a party to a contract-
(i) the contract is not unenforceable by reason of sub- section 45 (1); and
(ii) sub-section 45 (2) does not prevent the corporation from giving effect to the contract; or
(c) in the case of an authorization to continue to be a party to an arrangement or understanding-sub-section 45 (2) does not prevent the corporation from giving effect to the arrangement or understanding in accordance with the authorization.
(2) Sub-section (1) does not apply in relation to a contract, arrangement or understanding fixing or controlling, or providing for the fixing or controlling of, the price for, or any discount, allowance or rebate in relation to, any goods supplied by the parties to the contract, arrangement or understanding, or by any of them, in competition with each other, to persons not being parties to the contract, arrangement or understanding, other than a contract, arrangement or understanding between persons in connexion with the supply of goods by those persons on a joint basis or the supply by those persons of goods that have been produced, manufactured, mined or acquired by them on a joint basis.
(3) An authorization under sub-section (1) to make a contract or arrangement or enter into an understanding, or to continue to be a party to a contract, arrangement or understanding, may be expressed so as to apply to a corporation that becomes a party to the contract, arrangement or understanding after the authorization is granted.
(4) The Commission does not have power to grant an authorization under sub-section (1) to a corporation to make a contract or arrangement, or to enter into an understanding, if the contract or arrangement has already been made or the understanding has already been entered into.
(5) The Commission does not have power to grant an authorization under sub-section (1) to a corporation to continue to be a party to a contract, arrangement or understanding unless-
(a) in the case of a contract-the requirements of paragraphs 45 (8) (a) and (b) have been complied with; or
(b) the contract or arrangement was made, or the understanding was entered into, before the expiration of the period referred to in sub-section 2 (4) and-
(i) the authorization is granted before the expiration of that period; or
(ii) the authorization is granted upon the expiration or revocation of another authorization granted to the corporation under sub-section (1) in relation to the contract, arrangement or understanding.
(6) Subject to this Part, the Commission may, upon application by a
corporation, grant an authorization to the corporation to engage in conduct that would or may constitute engaging in the practice of exclusive dealing and, while such an authorization remains in force, section 47 does not prevent the corporation from engaging in that conduct in accordance with the authorization.
(7) Subject to this Part, the Commission may, upon application by a corporation, grant an authorization to the corporation to acquire shares in the capital, or to acquire assets, of a body corporate and, while such an authorization remains in force, section 50 does not prevent the corporation from acquiring shares in the capital, or from acquiring assets, of the body corporate in accordance with the authorization.
Procedure for applications.
89. (1) An application for an authorization shall be made in writing as prescribed.
(2) The Commission shall cause to be made public in such manner as it thinks fit notice of the receipt by the Commission of an application for an authorization.
(3) The Commission shall keep a register of applications for authorizations received by it.
(4) Subject to sub-sections (5) and (6), the register kept under sub-section (3) shall include-
(a) any document furnished to the Commission in relation to an application for an authorization, including any notice by the Attorney-General in relation to the application under paragraph 90 (9) (b);
(b) particulars of any oral submission made to the Commission in relation to such an application; and
(c) the determination of the Commission on such an application and the statement of the reasons given by the Commission for that determination.
(5) Where the Commission is satisfied that it is desirable to do so by reason of the confidential nature of any document or for any other reason, the Commission may direct that a document referred to in paragraph (4) (a) or (b) shall not be included in the register kept under sub-section (3).
(6) A document shall not be included in the register kept under sub-section (3) if a direction in relation to that document is in force under paragraph 22 (1) (b).
(7) Where a corporation makes an application for an authorization under sub-section 88 (7) in relation to the acquisition of shares in the capital of a body corporate that is a company to which the Companies (Foreign Take-overs) Act 1972-1973 applies, the corporation shall furnish a copy of the application to the Minister administering that Act.
Determination of applications for authorizations.
90. (1) The Commission shall, in respect of an application for an authorization-
(a) make a determination in writing granting such authorization as it considers appropriate; or
(b) make a determination in writing dismissing the application.
(2) The Commission shall take into account any submissions in relation to the application made to it by the applicant or any other person and may, where it considers it appropriate to do so, hold a public hearing in relation to the application.
(3) Where the Commission decides to hold a public hearing in relation to an application, the Commission shall cause notice of the time and place at which the hearing is to commence to be made public in such manner as it thinks fit.
(4) The Commission shall state in writing its reasons for a determination made by it.
(5) Subject to sub-sections (9) and (11), the Commission shall not make a determination granting an authorization unless it is satisfied that the contract, arrangement, understanding or conduct to which the application relates results, or is likely to result, in a substantial benefit to the public, being a benefit that would not otherwise be available, and that, in all the circumstances, that result, or that likely result, as the case may be, justifies the granting of the authorization.
(6) Subject to sub-sections (7) and (8), the Commission shall determine an application for an authorization under sub-section 88 (7) within 4 months from the prescribed date.
(7) If the applicant for an authorization under sub-section 88 (7) informs the Commission in writing before the expiration of the period referred to in sub-section (6) that the applicant agrees to the Commission taking a specified longer period for the determination of the application, that longer period shall be deemed to be substituted in sub-section (6) for the period referred to in that sub-section.
(8) For the purposes of an application of sub-section (7), a reference in that sub-section to the period referred to in sub-section (6) shall, if
another period is deemed to have been substituted in sub-section (6) for that period by any other application or applications of sub-section (7), be construed as a reference to that other period.
(9) Subject to sub-section (10), where-
(a) an application is made for an authorization under sub-section 88 (7) in relation to the acquisition of shares in the capital, or assets, of a body corporate; and
(b) the Attorney-General by notice in writing to the Commission informs the Commission that the Australian Government considers that there are special considerations relating to the acquisition that make it desirable in the interests of national economic policy that an authorization be granted in respect of the acquisition,
the Commission shall grant the authorization.
(10) The Commission shall not begin to consider an application for an authorization under sub-section 88 (7) in relation to the acquisition of shares in the capital of a body corporate that is a company to which the Companies (Foreign Take-overs) Act 1972-1973 applies unless the applicant has furnished to the Commission a certificate given in accordance with sub-section 17 (1) of that Act in respect of the shares.
(11) If the applicant for an authorization referred to in sub-section (10) furnishes to the Commission under that sub-section a certificate given in accordance with paragraph 17 (1) (b) of the Companies (Foreign Take-overs) Act 1972-1973 in respect of the shares to which the application relates, the Commission shall grant the authorization.
(12) Where the applicant for an authorization referred to in sub- section (10) has furnished a notice of a kind referred to in sub-section 13 (7) of the Companies (Foreign Take-overs) Act 1972-1973 to the Minister administering that Act in relation to the acquisition of shares to which the application relates and that Minister-
(a) has not, before the expiration of 1 month after the date on which the notice was received by him, made an order under section 13 of that Act in relation to the acquisition of those shares; or
(b) has made an interim order under sub-section 13 (6) of that Act in relation to the acquisition of those shares and-
(i) has not, before the expiration of that interim order, made an order under sub-section 13 (2) or (3) of that Act; or
(ii) has revoked that interim order and has not forthwith made an order in relation to the acquisition of those shares under sub-section 13 (2) or (3) of that Act,
sub-section (10) does not apply in relation to the acquisition of those shares.
(13) If the applicant for an authorization referred to in sub-section (10) furnishes to the Commission a statutory declaration by a competent officer of the applicant in relation to a matter referred to in sub-section (12), that statutory declaration shall, in the absence of any evidence to the contrary, be accepted by the Commission as evidence of that matter.
(14) For the purposes of sub-section (6), the prescribed date is-
(a) in the case of an application for an authorization in respect of a proposed acquisition of shares in the capital of a body corporate that is a company to which the Companies (Foreign Take-overs) Act 1972-1973 applies-
(i) in a case to which sub-paragraphs (ii), (iii) and (iv) of this paragraph do not apply-the date on which a certificate given in respect of the shares in accordance with sub-section 17 (1) of that Act is furnished to the Commission;
(ii) in a case to which paragraph (12) (a) applies-the date referred to in sub-paragraph (i) of this paragraph or the last day of the period of 1 month referred to in paragraph (12) (a), whichever first occurs;
(iii) in a case to which sub-paragraph (12) (b) (i) applies-the date referred to in sub-paragraph (i) of this paragraph or the date of expiration of the interim order, whichever first occurs; or
(iv) in a case to which sub-paragraph (12) (b) (ii) applies-the date referred to in sub-paragraph (i) of this paragraph or the date of revocation of the interim order, whichever first occurs; and
(b) in any other case-the date on which the application is received by the Commission.
Grant, revocation and variation of authorizations.
91. (1) An authorization may be expressed to be in force for a period
specified in the authorization and, if so expressed, remains in force for that period only.
(2) If the Commission considers that it is appropriate to do so-
(a) for the purpose of enabling due consideration to be given to an application for an authorization;
(b) pending the expiration of the time allowed for the making of an application to the Tribunal for review of a determination by the Commission of an application for an authorization and, if such an application for a review is made, pending the making of a determination by the Tribunal on the review; or
(c) for any other reason,
the Commission may grant an authorization that is expressed to be an interim authorization, and the Commission may at any time revoke such an authorization.
(3) An authorization may be expressed to be subject to such conditions as are specified in the authorization.
(4) If, at any time after the Commission has granted an authorization, it appears to the Commission that the authorization was granted on the basis of evidence or information that was false or misleading in a material particular, that a condition to which the authorization was expressed to be subject has not been complied with or that there has been a material change of circumstances since the authorization was granted-
(a) the Commission shall give notice accordingly to the corporation to which the authorization was given and any other persons who appear to the Commission to be interested and afford them a reasonable opportunity of making submissions to the Commission in the matter; and
(b) where, after so notifying the corporation and other persons (if any) and considering any submissions made by those persons, the Commission is satisfied that the authorization was granted on the basis of evidence or information that was false or misleading in a material particular, that the condition has not been complied with or that there has been such a material change of circumstances, the Commission may make a determination revoking the authorization and, if it considers it appropriate to do so, granting a further authorization in substitution for the authorization so revoked.
Clearance of contracts, arrangements or understandings in restraint of trade or commerce.
92. (1) A corporation that is a party to, or proposes to make, a contract or arrangement, or is a party to, or proposes to enter into, an understanding, that may be in restraint of trade or commerce, may give notice, as prescribed, of the contract, arrangement or understanding, or of the proposed contract, arrangement or understanding, to the Commission.
(2) Where a corporation so gives notice to the Commission, the Commission may at any time give notice in writing to the corporation stating that the Commission considers that any restraint of trade or commerce that results from the contract, arrangement or understanding or would result from the proposed contract, arrangement or understanding, does not have and is not likely to have, or would not have and would not be likely to have, a significant effect on competition, and, if the Commission gives such a notice, the contract, arrangement or understanding shall be deemed not to be in restraint of trade or commerce for the purposes of this Act.
(3) If, at any time after the Commission has given a notice under sub-section (2) to a corporation in relation to a contract, arrangement or understanding, or a proposed contract, arrangement or understanding, the Commission is satisfied that the notice was given on the basis of information that was false or misleading in a material particular or that there has been a material change of circumstances since the notice was given, the Commission may revoke the notice and, in that case, sub- section (2) ceases to operate, after the expiration of 30 days (or such longer period as the Commission by writing permits) after notice in writing of the revocation has been served on the corporation, to deem the contract, arrangement or understanding not to be in restraint of trade or commerce for the purposes of this Act.
Clearance of exclusive dealing.
93. (1) A corporation that proposes to engage in conduct of a kind referred to in sub-section 47 (2) may give notice, as prescribed, of the proposed conduct to the Commission.
(2) Where a corporation so gives notice to the Commission, the Commission may at any time give notice in writing to the corporation stating that the Commission considers that the engaging by the corporation in the proposed conduct would be likely to have the effect of substantially lessening competition in a market for goods or services.
(3) Where a corporation has given a notice to the Commission under
sub-section (1), the engaging by the corporation in the conduct referred to in the notice shall not be taken, for the purposes of this Act, to be likely to have the effect of substantially lessening competition in a market for goods or services unless the Commission has given notice to the corporation under sub-section (2) in relation to the conduct and the conduct takes place more than 30 days (or such longer period as the Commission by writing permits) after the day on which the Commission gave the notice.
(a) a corporation has given a notice to the Commission under sub-section (1) in relation to proposed conduct; and
(b) the Commission has given notice in writing to the corporation stating that the Commission considers that the engaging by the corporation in the proposed conduct would be likely to have the effect of substantially lessening competition in a market for goods or services,
the corporation is not entitled to give a further notice under that sub- section to the Commission in relation to the same conduct or conduct to the like effect.
Clearance of mergers.
94. (1) A corporation that proposes to acquire shares in the capital, or assets, of a body corporate the acquisition of which by the corporation may be in contravention of section 50 may give notice, as prescribed, of the proposed acquisition to the Commission.
(2) Where a corporation so gives notice to the Commission, the Commission may, within 30 days after receiving the notice, give notice in writing to the corporation stating whether or not the Commission considers that the proposed acquisition would be likely to have the effect of substantially lessening competition in a market for goods or services.
(3) Where a corporation has given a notice to the Commission under sub-section (1) and-
(a) the Commission gives notice to the corporation in accordance with sub-section (2) stating that the Commission considers that the proposed acquisition would not be likely to have the effect of substantially lessening competition in a market for goods or services; or
(b) the Commission does not, within 30 days after receiving the notice, give a notice to the corporation in accordance with sub-section (2) in relation to the proposed acquisition,
the acquisition of the shares or assets by the corporation shall, for the purposes of this Act, be deemed not to have the effect of substantially lessening competition in a market for goods or services.
Register in relation to clearances.
95. (1) The Commission shall keep a register containing-
(a) notices given to the Commission under sections 92, 93 and 94;
(b) documents furnished to the Commission in relation to such notices;
(c) particulars of any oral submissions made to the Commission in relation to such notices;
(d) particulars of notices given by the Commission to corporations by which notices under sections 92, 93 and 94 were given;
(e) particulars of any notices of revocation served, or permits given, by the Commission under sub-section 92 (3); and
(f) particulars of any permits given by the Commission under sub-section 93 (3).
(2) Where the Commission is satisfied that it is desirable to do so by reason of the confidential nature of any document or for any other reason, the Commission may direct that a document referred to in paragraph (1) (b) or (c) shall not be included in the register kept under sub-section (1).
TRADE PRACTICES ACT 1974 No. 51, 1974 - PART VIII
Acts constituting engaging in resale price maintenance.
96. (1) Subject to this Part, a corporation (in this section called "the supplier") engages in the practice of resale price maintenance if that corporation does an act referred to in any of the paragraphs of sub-section (3).
(2) Subject to this Part, a person (not being a corporation and also in this section called "the supplier") engages in the practice of resale price maintenance if that person does an act referred to in any of the paragraphs of sub-section (3) where the second person mentioned in that paragraph is a corporation.
(3) The acts referred to in sub-sections (1) and (2) are the following:-
(a) the supplier making it known to a second person that the supplier will not supply goods to the second person unless the second person agrees not to sell those goods at a price less than a price specified by the supplier;
(b) the supplier inducing, or attempting to induce, a second person not to sell, at a price less than a price specified by the supplier, goods supplied to the second person by the supplier or by a third person who, directly or indirectly, has obtained the goods from the supplier;
(c) the supplier entering into an agreement, or offering to enter into an agreement, for the supply of goods to a second person, being an agreement one of the terms of which is, or would be, that the second person will not sell the goods at a price less than a price specified, or that would be specified, by the supplier;
(d) the supplier withholding the supply of goods to a second person for the reason that the second person-
(i) has not agreed as mentioned in paragraph (a); or
(ii) has sold, or is likely to sell, goods supplied to him by the supplier, or goods supplied to him by a third person who, directly or indirectly, has obtained the goods from the supplier, at a price less than a price specified by the supplier as the price below which the goods are not to be sold;
(e) the supplier withholding the supply of goods to a second person for the reason that a third person who, directly or indirectly, has obtained, or wishes to obtain, goods from the second person-
(i) has not agreed not to sell those goods at a price less than a price specified by the supplier; or
(ii) has sold, or is likely to sell, goods supplied to him, or to be supplied to him, by the second person, at a price less than a price specified by the supplier as the price below which the goods are not to be sold; and
(f) the supplier using, in relation to any goods supplied, or that may be supplied, by the supplier to a second person, a statement of a price that is likely to be understood by that person as the price below which the goods are not to be sold.
(a) where a price is specified by another person on behalf of the supplier, it shall be deemed to have been specified by the supplier;
(b) where the supplier makes it known, in respect of goods, that the price below which those goods are not to be sold is a price specified by another person in respect of those goods, or in respect of goods of a like description, that price shall be deemed to have been specified, in respect of the first-mentioned goods, by the supplier;
(c) where a formula is specified by or on behalf of the supplier and a price may be ascertained by calculation from, or by reference to, that formula, that price shall be deemed to have been specified by the supplier; and
(d) where the supplier makes it known, in respect of goods, that the price below which those goods are not to be sold is a price ascertained by calculation from, or by reference to, a formula specified by another person in respect of those goods, or in respect of goods of a like description, that price shall be deemed to have been specified, in respect of the first-mentioned goods, by the supplier.
(5) In sub-section (4), "formula" includes a set form or method.
(6) For the purposes of sub-section (3), anything done by a person acting on behalf of, or by arrangement with, the supplier shall be deemed to have been done by the supplier.
(7) A reference in any of paragraphs (3) (a) to (e), inclusive, including a reference in negative form, to the selling of goods at a price less than a price specified by the supplier shall be construed as including references to-
(a) the advertising of goods for sale at a price less than a price specified by the supplier as the price below which the goods are not to be advertised for sale;
(b) the displaying of goods for sale at a price less than a price specified by the supplier as the price below which the goods are not to be displayed for
sale; and
(c) the offering of goods for sale at a price less than a price specified by the supplier as the price below which the goods are not to be offered for sale,
and a reference in paragraph (3) (d), (e) or (f) to a price below which the goods are not to be sold shall be construed as including a reference to the price below which the goods are not to be advertised for sale, to the price below which the goods are not to be displayed for sale and to the price below which the goods are not to be offered for sale.
Recommended prices.
97. For the purposes of paragraph 96 (3) (b), the supplier is not to be taken as inducing, or attempting to induce, a second person as mentioned in that paragraph in relation to any goods-
(a) by reason only of a statement of a price being applied to the goods as mentioned in paragraph 99 (1) (a) or being applied to a covering, label, reel or thing as mentioned in paragraph 99 (1) (b), provided that the statement is preceded by the words "recommended price"; or
(b) by reason only of his having given notification in writing to the second person (not being a notification by way of a statement being applied as mentioned in paragraph (a)) of the price that he recommends as appropriate for the sale of those goods, provided that there is included in the notification, and in each writing that refers, whether expressly or by implication, to the notification, a statement to the following effect:-
"The price set out or referred to herein is a recommended price only and there is no obligation to comply with the recommendation.".
Withholding the supply of goods.
98. (1) For the purposes of paragraph 96 (3) (d) or (e), the supplier shall be deemed to withhold the supply of goods to another person if-
(a) the supplier refuses or fails to supply those goods to, or as requested by, the other person;
(b) the supplier refuses to supply those goods except on terms that are disadvantageous to the other person;
(c) in supplying goods to the other person, the supplier treats that person less favourably, whether in respect of time, method or place of delivery or otherwise, than the supplier treats other persons to whom the supplier supplies the same or similar goods; or
(d) the supplier causes or procures a person to withhold the supply of goods to the other person as mentioned in paragraph (a), (b) or (c) of this sub-section.
(2) Paragraph 96 (3) (d) does not apply in relation to the withholding by the supplier of the supply of goods to another person who, within the preceding year, has sold goods obtained, directly or indirectly, from the supplier at less than their cost to that other person-
(a) for the purpose of attracting to the establishment at which the goods were sold persons likely to purchase other goods; or
(b) otherwise for the purpose of promoting the business of that other person.
(3) For the purposes of sub-section (2), there shall be disregarded-
(a) a genuine seasonal or clearance sale of goods that were not acquired for the purpose of being sold at that sale; or
(b) a sale of goods that took place with the consent of the supplier.
Statements as to the minimum price of goods.
99. (1) For the purposes of paragraph 96 (3) (f), if-
(a) a statement is applied to goods, whether by being woven in, impressed on, worked into or annexed or affixed to the goods or otherwise;
(b) a statement is applied to a covering, label, reel or thing in or with which goods are supplied; or
(c) a statement is used in a sign, advertisement, invoice, catalogue, business letter, business paper, price list or other document or otherwise in a manner likely to lead to the belief that it refers to goods,
the statement shall be deemed to have been used in relation to those goods.
(2) For the purposes of sub-section (1), "covering" includes a stopper,
glass, bottle, vessel, box, capsule, case, frame or wrapper and "label" includes a band or ticket.
TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT. 100.
Evidentiary provisions.
100. (1) Where, in proceedings under this Act by a person (in this section referred to as "the plaintiff") against another person (in this section referred to as "the defendant"), it is claimed that the defendant has engaged in the practice of resale price maintenance and it is established that-
(a) the defendant has acted, in relation to the plaintiff, as mentioned in paragraph 98 (1) (a), (b), (c) or (d);
(b) during a period ending immediately before the time when the defendant so acted, the defendant had been supplying goods of the kind withheld to the plaintiff or to another person carrying on a business similar to that of the plaintiff; and
(c) during the period of 6 months immediately before the time when the defendant so acted, the defendant became aware of a matter or circumstance capable of constituting a reason referred to in paragraph 96 (3) (d) or (e) for the defendant's so acting,
then, subject to sub-section (2), it shall be presumed, unless the contrary is established, that that matter or circumstance was the reason for the defendant's so acting.
(2) Sub-section (1) does not apply where the plaintiff establishes the matter mentioned in paragraph 98 (1) (b) or (c) but the terms disadvantageous to the plaintiff, or the less favourable treatment of the plaintiff, consisted only of a requirement by the defendant as to the time at which, or the form in which, payment was to be made or as to the giving of security to secure payment.
(3) In the application of this section in proceedings by the Attorney-General or the Commission for an injunction, references to the plaintiff shall be construed as references to a person specified in the application for the injunction as the person in relation to whom the defendant is claimed to have acted as mentioned in paragraph (1) (a).
TRADE PRACTICES ACT 1974 No. 51, 1974 - PART IX
PART IX-REVIEW BY TRIBUNAL OF DETERMINATIONS OF COMMISSION
Applications for review.
101. (1) A person dissatisfied with a determination by the Commission in relation to an application for, or in relation to the revocation of, an authorization, not being a determination granting an authorization in pursuance of the requirements of sub-section 90 (9) or (11), may, as prescribed and within the time allowed by or under the regulations, apply to the Tribunal for a review of the determination and, if the person was the applicant for the authorization or the Tribunal is satisfied that he has a sufficient interest, the Tribunal shall review the determination.
(2) A review by the Tribunal is a re-hearing of the matter and sub-section 90 (5) applies in relation to the Tribunal in like manner as it applies in relation to the Commission.
Functions and powers of Tribunal.
102. (1) Upon a review, the Tribunal may make a determination affirming, setting aside or varying the determination of the Commission and, for the purposes of the review, may perform all the functions and exercise all the powers of the Commission.
(2) A determination by the Tribunal shall, for the purposes of this Act other than this Part, be deemed to be a determination by the Commission.
(3) For the purposes of a review by the Tribunal, the member of the Tribunal presiding at the review may require the Commission to furnish such information, make such reports and provide such other assistance to the Tribunal as the member specifies.
(4) For the purposes of a review of a determination by the Commission, the Tribunal may have regard to any information furnished, documents produced or evidence given to the Commission in connexion with the making of the determination.
Procedure generally.
103. (1) In proceedings before the Tribunal-
(a) the procedure of the Tribunal is, subject to this Act and the regulations, within the discretion of the Tribunal;
(b) the proceedings shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act and a proper consideration of the matters before the Tribunal permit; and
(c) the Tribunal is not bound by the rules of evidence.
(2) The powers of the Tribunal with respect to matters of procedure in particular proceedings may be exercised by the Tribunal constituted by a presidential member.
Regulations as to certain matters.
104. The regulations may make provision-
(a) for securing, by means of preliminary statements of facts and contentions, and by the production of documents, that all material facts and considerations are brought before the Tribunal by all persons participating in any proceedings before the Tribunal; and
(b) with respect to the representation in any such proceedings of persons having a common interest in the proceedings.
105. (1) The Tribunal may take evidence on oath or affirmation and for that purpose a member of the Tribunal may administer an oath or affirmation.
(2) A member of the Tribunal may summon a person to appear before the Tribunal to give evidence and to produce such documents (if any) as are referred to in the summons.
Hearings to be in public except in special circumstances.
106. (1) Subject to this section, the hearing of proceedings before the Tribunal shall be in public.
(2) Where the Tribunal is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, the Tribunal may-
(a) direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present; or
(b) give directions prohibiting or restricting the publication of evidence given before the Tribunal, whether in public or in private, or of matters contained in documents filed or lodged with the Registrar, received in evidence by the Tribunal or placed in the records of the Tribunal.
(3) The powers of the Tribunal under this section may be exercised by the Tribunal as constituted for the purposes of the hearing or by the Tribunal constituted by a presidential member.
107. The Tribunal may permit a person appearing as a witness before the Tribunal to give evidence by tendering, and, if the Tribunal thinks fit, verifying by oath or affirmation, a written statement, which shall be filed with the Registrar.
Taking of evidence by single member.
108. The Tribunal as constituted for the purposes of any proceedings in which evidence may be taken may authorize a presidential member to take evidence for the purposes of the proceedings on its behalf, with such limitations (if any) as the Tribunal so constituted directs, and, where such an authority is given-
(a) that member may take evidence accordingly; and
(b) for the purposes of this Act, that member shall, in relation to the taking of evidence in accordance with the authority, be deemed to constitute the Tribunal.
Participants in proceedings before Tribunal.
109. (1) A person to whom an authorization was granted is entitled to participate in any proceedings before the Tribunal instituted by another person in relation to that authorization.
(2) The Tribunal may, upon such conditions as it thinks fit, permit a person to intervene in proceedings before the Tribunal.
110. In proceedings before the Tribunal-
(a) a person other than a body corporate may appear in person or may be represented by an employee of the person approved by the Tribunal;
(b) a body corporate may be represented by an employee, or a director or other officer, of the body corporate approved by the Tribunal;
(c) an unincorporated association of persons or a member of an unincorporated association of persons may be represented by a member or officer of the association approved by the Tribunal; and
TRADE PRACTICES ACT 1974 No. 51, 1974 - PART X
111. (1) In this Part, unless the contrary intention appears-
"Australian flag shipping operator" means-
(a) for the purposes of the making of an order under section 123-a person who carries on, or proposes to carry on, operations by way of overseas cargo shipping between ports between which any of the outwards cargo shipping to which the relevant conference agreement relates is carried on; or
(b) for the purposes of the making of an order under section 129-a person who carries on, or proposes to carry on, operations by way of overseas cargo shipping between Australia and the port or ports to be specified in the order,
being a person who normally uses, or proposes normally to use, for the purposes of those operations, a ship or ships registered in Australia and no other ship, and being an Australian citizen or a body corporate incorporated by or under a law of Australia or of a State or Territory;
"Clerk" means the Clerk of Shipping Agreements appointed under this Part and includes a person appointed to act as Clerk of Shipping Agreements;
"conference agreement" means an agreement to which this Part applies;
"declared shipowner" means a shipowner in respect of whom an order under section 129 is in force;
"disapproved agreement" means a conference agreement in respect of which an order of disapproval under this Part is in force;
"outwards cargo shipping" means overseas cargo shipping commencing at a place in Australia;
"overseas cargo shipping" means the carriage of goods wholly or partly by sea from a place in Australia to a place outside Australia or from a place outside Australia to a place in Australia;
"shipowner" means a person who carries on the business of outwards cargo shipping, whether alone or in partnership with another person or other persons, and includes such a person irrespective of nationality or place of incorporation, residence or business;
"shipper body" means an association that, in the opinion of the Minister, represents the interests, in relation to outwards cargo shipping, of persons who are shippers of goods, or producers of goods of a kind exported from Australia.
(2) For the purposes of this Part-
(a) an arrangement or understanding, whether formal or informal and whether express or implied, shall be deemed to be an agreement;
(b) a reference to an agreement shall be read as including a reference to an agreement made outside Australia and to an agreement made before the commencement of this Part; and
(c) a reference to an agreement shall be read as including a reference to an agreement that is not enforceable by legal proceedings whether or not it was intended to be so enforceable.
Part IV not to apply.
112. Part IV does not apply in relation to overseas cargo shipping engaged in by a shipowner in pursuance of a conference agreement, including a disapproved agreement.
Agreements to which Part applies.
113. (1) Subject to this section, an agreement is an agreement to which this Part applies if the agreement, whether as originally made or by reason of a subsequent variation, is one the parties to which are or include two or more persons carrying on two or more businesses that include outwards cargo shipping and is one that makes provision, in relation to outwards cargo shipping, having the purpose or effect of restricting, preventing or
hindering-
(a) competition between any of the parties to the agreement; or
(b) competition between persons other than those parties and those parties or any of them,
including provision for-
(c) the fixing or regulation of freight rates;
(d) the giving to shippers, or the withholding from shippers, of special rates or other special privileges or advantages;
(e) the pooling or apportioning of earnings, losses or traffic;
(f) the allocation of ports or the restriction or other regulation of the number and character of sailings between ports; or
(g) the restriction or other regulation of the volume or character of goods to be carried.
(2) An agreement is not an agreement to which this Part applies by reason only of any provision as between shipowners of the one part and shippers of the other part with respect to the terms and conditions that are to be applicable to contracts for outwards cargo shipping.
Shipowners may be required to be represented by agent and give address for service.
114. (1) The Minister may, by notice in writing to a shipowner served as prescribed, request the shipowner to comply with the provisions of this section, and, where such a request has been made, the provisions of sub-sections (2) to (7) apply.
(2) The shipowner (not being a natural person resident in Australia) shall, at all times after the expiration of 14 days from the date of service of the notice, be represented for the purposes of this Part by a person (not being a body corporate) resident in Australia and appointed by the shipowner as the agent of the shipowner for the purposes of this Part.
(3) The appointment shall not be deemed to be duly made or revoked until the shipowner has given notice in writing of the appointment or revocation to the Minister, specifying the name, and, in the case of an appointment, the place of residence, of the agent.
(4) Everything done by the agent in his representative capacity shall, for the purposes of this Part, be deemed to have been done by the shipowner, but not so as to affect any liability of the agent under this Part.
(5) The shipowner shall, at all times after the expiration of 14 days from the date of service of the notice, have an address in Australia for service for the purposes of this Part.
(6) The address does not become the address for service of the shipowner until the shipowner has given notice in writing of the address to the Minister, and an address so notified continues to be the address for service of the shipowner until another address has been so notified.
(7) A document or notice required or permitted to be served on, or given to, the shipowner under or for the purposes of this Part, including process of the Court, may, notwithstanding any other law, be served or given by leaving it at his address for service or by serving it by registered post on the shipowner at that address.
(8) Where a shipowner has given notice in writing to the Minister of the appointment of an agent of the shipowner, or of an address in Australia of the shipowner for service, for the purposes of this Part, the notice shall, for the purposes of sub-section (4) or (7), as the case requires, be deemed to have been given in accordance with a request made by the Minister in pursuance of sub-section (1).
(9) Failure to comply with this section is not an offence but entails the consequences specified in this Part.
Clerk of Shipping Agreements.
115. (1) There shall be a Clerk of Shipping Agreements, who shall be appointed by the Governor-General.
(2) Where the Clerk of Shipping Agreements is, or is expected to be, absent from duty or the office of Clerk of Shipping Agreements is vacant, the Governor-General may appoint a person to act as Clerk of Shipping Agreements during the absence or until the filling of the vacancy, as the case may be.
(3) The Clerk, and any staff necessary to assist him, shall be persons employed under the Public Service Act 1922-1973.
Agreements subject to filing.
116. (1) An agreement made before the commencing date that is, on that date, an agreement to which this Part applies becomes subject to filing on that date.
(2) An agreement made on or after that date that is, when made, an agreement to which this Part applies becomes subject to filing upon the making of the agreement.
(3) An agreement to which this Part applies, whether made before or after that date, that becomes subject to filing at a time after the making of the agreement, being a time on or after the commencing date, becomes subject to filing at that time.
Particulars to be furnished of certain agreements, variations and determinations.
117. (1) Where a conference agreement has become subject to filing, particulars of the agreement, in accordance with this section and verified as required by this section, shall be furnished to the Clerk within the period of 30 days after the date on which the agreement became subject to filing.
(2) In the case of a conference agreement that becomes subject to filing on a date after the date of making of the agreement, the particulars required to be furnished are particulars of the agreement as varied, whether in respect of the parties or in respect of the terms, by any variations made on or before the date on which the agreement becomes subject to filing.
(3) The duty to furnish particulars under this section in respect of a conference agreement that has become subject to filing is not affected by any subsequent variation or determination of the agreement and if, at any time after a conference agreement becomes subject to filing, the agreement is varied, whether in respect of the parties or in respect of the terms, or is determined otherwise than by effluxion of time, then, except as otherwise prescribed, particulars of the variation or determination, verified as required by this section, shall be furnished to the Clerk within the period of 30 days after the day on which the variation or determination occurs.
(4) The requirements of this section may be complied with-
(a) in respect of an agreement-by any party to the agreement; or
(b) in respect of a variation or determination of an agreement-by any person who was a party to the agreement immediately before, or is a party immediately after, the variation or determination.
(5) Subject to the regulations, the particulars to be furnished of an agreement are-
(a) the names of the parties to the agreement and the date of the agreement; and
(b) the whole of the terms of the agreement, whether or not relating to overseas cargo shipping.
(6) The particulars to be furnished of an agreement, or of a variation or determination of an agreement, shall be furnished-
(a) in so far as the particulars are contained in an instrument in writing by which the agreement, variation or determination was, in whole or in part, made or effected-by lodging with the Clerk a true copy of that instrument; and
(b) in so far as the particulars are not contained in such an instrument, whether or not there is such an instrument-by lodging with the Clerk a memorandum of those particulars,
verified as a true copy or a full and correct memorandum, as the case requires, by statutory declaration of the person by whom the particulars are furnished or of a competent person authorized by that person.
(7) The regulations may provide for excluding any particulars from the particulars required to be furnished under this Division.
(8) A person referred to in sub-section (4) may, before the expiration of the time within which, but for this sub-section, the particulars are required to be furnished, apply in writing to the Minister for an extension of that time and, where such an application is made, the time within which the particulars are required to be furnished shall be taken not to expire-
(a) whether or not the application is granted-before the expiration of 14 days after the date on which the Minister informs the applicant in writing of his decision on the application; or
(b) if the application is granted-before the expiration of the period of the extension granted by the Minister.
Failure to furnish particulars to be an offence.
118. (1) If the requirements of section 117 are not complied with in respect of an agreement, each person who was a party to the agreement when it became subject to filing is guilty of an offence.
(2) If the requirements of section 117 are not complied with in respect of a variation or determination of an agreement, each person who was a party to the agreement immediately before, or immediately after, the variation or determination is guilty of an offence.
(3) The penalty for an offence against this section is a fine not exceeding
(4) It is a defence to a prosecution for an offence against this section if the person charged satisfies the Court that-
(a) he did not, within the time allowed for the furnishing of the particulars, advert to the question whether particulars of the agreement, variation or determination were required by this Act to be furnished to the Clerk and his failure to advert to that question was not attributable to a desire to avoid, or to indifference to, his obligations;
(b) he reasonably relied on another party to ensure that the required particulars were duly furnished; or
(c) he believed in good faith that particulars of the agreement, variation or determination furnished to the Clerk by him within the time allowed complied with the requirements of this Act,
and that either the particulars, or the necessary further or amended particulars, were duly furnished, except as regards time, by himself or another party before the institution of the prosecution or he did not know or suspect, before the institution of the prosecution, that there had been default in compliance with the requirements of this Act with respect to the furnishing to the Clerk of particulars of the agreement, variation or determination.
Clerk to file particulars.
119. (1) Where particulars of an agreement, or of a variation or determination of an agreement, are duly furnished to the Clerk in accordance with this Division, or where those particulars are duly furnished except that the time allowed for furnishing the particulars has expired, the Clerk shall file the document containing the particulars in a repository of such documents to be kept by him.
(2) The Clerk shall keep such records and indexes of documents received by him under this Division as he thinks necessary or as the Minister directs.
Filed documents to be evidence.
120. In proceedings under this Act before the Court, other than proceedings for an offence against a provision of this Division, particulars of an agreement, or of a variation or determination of an agreement, as appearing from a document filed by the Clerk are prima facie evidence of the agreement, variation or determination.
Secrecy.
121. (1) This section applies to every person who is or has been the Clerk or a member of the staff assisting the Clerk.
(2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly, except in the performance of a duty under or in connexion with this Part-
(a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by him by reason of his office or employment under or for the purposes of this Part; or
(b) produce to any person a document furnished in pursuance of this Division.
Penalty: $1,000 or imprisonment for 3 months.
(3) A person to whom this section applies shall not be required to produce in a court any document relating to the affairs of another person of which he has the custody, or to which he has access, by virtue of his office or employment under or for the purposes of this Part, or to divulge or communicate to any court any information concerning the affairs of another person obtained by him by reason of any such office or employment, unless it is necessary to do so for the purposes of, or of a prosecution under or arising out of, this Part.
(4) This section does not apply in relation to-
(a) the communication of information to, or the production of a document to, the Tribunal for the purposes of an inquiry under this Part, the Minister or an officer acting on behalf of, and with the authority of, the Minister; or
(b) the communication or production to a person of, or of information or documents concerning, particulars furnished to the Clerk of an agreement to which, according to those particulars, that person is or has been a party.
(5) For the purposes of paragraph (4) (b), the communication or production of any matter or document to a person authorized by writing under the common seal of a body corporate to represent the body corporate for the purposes of this section shall be deemed to be communication or production to that body corporate.
(6) In this section-
"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions;
"produce" includes permit access to and "production" has a corresponding meaning.
Minister may request undertakings.
122. (1) The Minister may serve on each of the parties to a conference agreement who carry on outwards cargo shipping to which the agreement relates a notice in accordance with this section.
(2) A notice to a party under sub-section (1) shall request the party to give to the Minister, not later than a date specified in the notice, an undertaking in writing executed by the party that, whenever the party is reasonably requested by the designated shipper body, by notice in writing, to take part in negotiations with that shipper body with regard to arrangements for, and the terms and conditions that are to be applicable to, outwards cargo shipping to which the conference agreement relates-
(a) the party will take part in those negotiations and will have due regard to matters and considerations raised, and representations made, by the designated shipper body in the course of the negotiations;
(b) the party will cause an officer designated from time to time by the Minister to be furnished with such information as the officer requires concerning the progress of the negotiations, will permit that officer to be present at any meetings in the course of the negotiations and will give consideration to any suggestions that he may make; and
(c) if the designated shipper body requests the party to make available for the purposes of the negotiations any information that is reasonably necessary for those purposes and itself makes available for those purposes any such information that the parties or any of them request to be made available, the party will make available the information requested by the shipper body.
(3) An undertaking for the purposes of this section shall be deemed to be duly given notwithstanding that it contains qualifications or exceptions if they were permitted by the notice requesting the undertaking or have been accepted by the Minister by notice in writing to the party.
(4) A person on whom a notice has been served under sub-section (1) may, before the date specified in the notice, apply in writing to the Minister for an extension of the time for compliance with the notice and, where such an application is made, the time within which the notice is to be complied with shall be taken not to expire-
(5) The designated officer may appoint an officer or officers to be his deputy or deputies and any undertaking given for the purposes of this section by a party to a conference agreement shall be deemed to include an undertaking that the party will-
(a) cause a deputy so appointed to be furnished with such information as the deputy requires concerning the progress of the negotiations with the designated shipper body; and
(b) in the event of the absence of the designated officer from a meeting in the course of the negotiations, permit the deputy, or, if there is more than one deputy, one of the deputies, to be present at that meeting and give consideration to any suggestions that he may make.
"designated officer" means the officer designated by the Minister under paragraph (2) (b);
"designated shipper body" means the shipper body designated by the Minister in the notice requesting the undertaking.
Disapproval of agreements.
123. (1) The Governor-General may, by order, disapprove a conference agreement, whether or not particulars of the agreement have been furnished to the Clerk, on a ground specified in the order, being one of the following grounds:-
(a) that a party to the agreement has, without reasonable excuse, failed to
comply with section 114;
(b) that there has been a failure to comply with a request for the giving of an undertaking made by the Minister under section 122 in relation to the agreement;
(c) that the Governor-General is satisfied, after consideration of a report to the Minister by the Tribunal, that-
(i) there has been a failure to comply with an undertaking given under section 122 in relation to the agreement;
(ii) the agreement, or the manner in which it is being interpreted or applied by the parties, or the conduct of, or the provision of facilities by, the parties in relation to outwards cargo shipping to which the agreement relates does not have due regard to the need for services by way of overseas cargo shipping to be efficient, economical and adequate; or
(iii) the agreement, or the manner in which it is being interpreted or applied by the parties, or the conduct of the parties in relation to matters to which the agreement relates, is preventing a person from, or hindering a person in, engaging efficiently, to an extent that is reasonable, in overseas cargo shipping in relation to which he is an Australian flag shipping operator.
(2) For the purposes of sub-paragraph (1) (c) (ii), consideration shall be given to the need to ensure the continuing provision of services by way of overseas cargo shipping and, in that connexion, the conditions under which, on a long term view, shipowners may reasonably be expected to provide such services.
Effect of disapproval.
124. (1) Where an agreement is disapproved under this Division, the agreement becomes, upon the date on which the order of disapproval takes effect, unenforceable as regards observance of the agreement, so far as it relates to outwards cargo shipping, on and after that date, but a transaction entered into, whether before or after the order takes effect, in pursuance of the agreement is not illegal or unenforceable by reason only of the making of the order.
(2) A party to a disapproved agreement shall not-
(a) do any act or thing in pursuance of, or enforce or purport to enforce, the agreement (including the agreement as varied by any later agreement) so far as it relates to outwards cargo shipping;
(b) enter into any other conference agreement (whether with the same parties or with other parties) that relates, in whole or in part, to the carriage of goods from Australia to a place outside Australia that is a place to the carriage of goods to which the disapproved agreement related; or
(c) do any act or thing in pursuance of, or enforce or purport to enforce, an agreement referred to in paragraph (b).
Penalty: $50,000.
Reinstatement of disapproved agreement or approval of substituted agreement.
125. (1) Where, in his discretion, he considers it desirable to do so, the Governor-General may-
(a) by order, revoke an order disapproving a conference agreement; or
(b) approve the entering into by one or more of the parties to a disapproved agreement of another conference agreement, whether with or without parties who were not parties to the disapproved agreement.
(2) Paragraphs 124 (2) (b) and (c) do not apply in relation to a conference agreement in respect of which an approval has been given under this section and which has not been disapproved under this Division.
126. The Court is empowered, on the application of the Minister, to grant an injunction restraining a person who has been convicted of an offence against section 124 from further contravening that section.
Publication and commencement of orders.
127. An order under this Division-
(a) shall be published in the Gazette; and
(b) takes effect on the date of publication or on such later date as is fixed by the order.
128. (1) Subject to sub-section (2), the Minister may serve on a shipowner a notice requesting the shipowner to give to the Minister, not later than a date specified in the notice, an undertaking in writing executed by the shipowner that, whenever the shipowner is reasonably requested by the designated shipper body, by notice in writing, to take part in negotiations with that shipper body with regard to arrangements for, and the terms and conditions that are to be applicable to, outwards cargo shipping to which the notice relates-
(a) the shipowner will take part in those negotiations and will have due regard to matters and considerations raised, and representations made, by the designated shipper body in the course of the negotiations;
(b) the shipowner will cause an officer designated from time to time by the Minister to be furnished with such information as the officer requires concerning the progress of the negotiations, will permit that officer to be present at any meetings in the course of the negotiations and will give consideration to any suggestions that he may make; and
(c) if the designated shipper body requests the shipowner to make available for the purposes of the negotiations any information that is reasonably necessary for those purposes and itself makes available for those purposes any such information that the shipowner requests to be made available, the shipowner will make available the information requested by the shipper body.
(2) A notice under sub-section (1) requesting an undertaking shall be expressed to relate to outwards cargo shipping by the shipowner to a specified port or to specified ports, not being outwards cargo shipping that is within the operation of a conference agreement, not being a disapproved agreement, particulars of which have been furnished under Division 2.
(3) An undertaking for the purposes of this section shall be deemed to be duly given notwithstanding that it contains qualifications or exceptions if they were permitted by the notice requesting the undertaking or have been accepted by the Minister by notice in writing to the shipowner.
(4) A shipowner on whom a notice has been served under sub- section (1) may, before the date specified in the notice, apply in writing to the Minister for an extension of the time for compliance with the notice and, where such an application is made, the time within which the notice is to be complied with shall be taken not to expire-
(5) The designated officer may appoint an officer or officers to be his deputy or deputies and any undertaking given for the purposes of this section by a shipowner shall be deemed to include an undertaking that the shipowner will-
Declaration of shipowners.
129. (1) Subject to this section, the Governor-General may, by order, declare a shipowner to be, in relation to outwards cargo shipping to a port or the ports specified in the order (in this section referred to as the "relevant shipping"), a shipowner to whom section 130 applies.
(2) The Governor-General shall not make such an order except on a ground specified in the order, being one of the following grounds:-
(a) that the shipowner has, without reasonable excuse, failed to comply with section 114;
(b) that the shipowner has failed to comply with a request for the giving
of an undertaking made by the Minister under section 128 in relation to the relevant shipping;
(i) the shipowner has failed to comply with an undertaking given under section 128 in relation to the relevant shipping;
(ii) the conduct of, or provision of facilities by, the shipowner in relation to the relevant shipping does not have due regard to the need for services by way of overseas cargo shipping to be efficient, economical and adequate;
(iii) the conduct of the shipowner in relation to overseas cargo shipping between Australia and a port or the ports to be specified in the order is preventing a person from, or hindering a person in, engaging efficiently, to an extent that is reasonable, in overseas cargo shipping in relation to which he is an Australian flag shipping operator; or
(iv) a conference agreement to which the shipowner was a party, being an agreement that related in whole or in part to the relevant shipping, has been disapproved under this Part and the disapproval has not been revoked.
(3) For the purposes of sub-paragraph (2) (c) (ii), consideration shall be given to the need to ensure the continuing provision of services, by way of overseas cargo shipping and, in that connexion, the conditions under which, on a long term view, shipowners may reasonably be expected to provide such services.
(4) Where, in his discretion, he considers it desirable to do so, the Governor-General may, by order, revoke an order under sub-section (1).
(5) An order under this section-
Prohibitions applicable to declared shipowner.
130. A declared shipowner shall not, in respect of outwards cargo shipping to a port specified in the order by virtue of which he is a declared shipowner-
(a) enter into a contract, or follow a practice, under which a shipper-
(i) is subject to restrictions with respect to, or is subject to any detriment by reason of or in the event of, his giving patronage to another shipowner; or
(ii) obtains or may obtain advantageous freight rates on condition that, or by reason that, he gives all or a part of his patronage to the shipowner, or to two or more particular shipowners;
(b) pay or allow, or make an agreement to pay or allow, to a shipper a deferred rebate, that is to say, a rebate of portion of any freight money upon fulfilment by the shipper of a condition with respect to confining patronage to the shipowner or to two or more particular shipowners;
(c) with the object of substantially damaging the business of another shipowner or preventing another shipowner from entering into competition with him, engage in freight-cutting, or use a vessel, whether alone or in conjunction with any other shipowner, to forestall the first-mentioned shipowner in the obtaining of cargoes; or
(d) retaliate, or threaten to retaliate, against a shipper for giving patronage to another shipowner-
(i) by refusing, or threatening to refuse, to carry goods of the shipper or to carry goods of the shipper otherwise than on terms disadvantageous to the shipper; or
(ii) by resorting to other discriminatory measures.
Minister may refer certain matters to Tribunal.
132. (1) The Minister may refer to the Tribunal for inquiry and report any matter relevant to the exercise of the power of the Governor-General to make an order upon a ground specified in paragraph 123 (1) (c) or 129 (2) (c), and the Tribunal shall hold an inquiry, and make a report accordingly.
(2) For the purposes of an inquiry under this section-
(a) the Tribunal shall, subject to section 43, be constituted by a Division of the Tribunal consisting of a presidential member and two members who are not presidential members;
(b) section 43 applies as if the holding of the inquiry, and the making of a report on the inquiry, were the hearing and determining of proceedings; and
(c) sections 109 and 110 do not apply.
Minister to consult with shipowners before making reference.
133. The Minister shall not refer a matter to the Tribunal under section 132 unless he has first carried on, or endeavoured to carry on, either personally or through officers acting on his behalf and with his authority, consultations with the parties to the conference agreement concerned who carry on overseas cargo shipping, or with the shipowner concerned, as the case requires, with a view to securing such undertaking or action by those parties or by that shipowner as will render the proposed reference unnecessary.
134. (1) In an inquiry under this Division in respect of a matter arising under section 123, any party to the conference agreement concerned is entitled to be represented.
(2) In an inquiry under this Division in respect of a matter arising under section 129, the shipowner concerned is entitled to be represented.
(3) In an inquiry under this Division-
(a) the Minister is entitled to be represented;
(b) if the Tribunal is satisfied that a shipper body has a sufficient interest in the inquiry, the Tribunal shall grant to the shipper body leave to be represented; and
(c) the Tribunal may grant to any person appearing to it to have a sufficient interest in the inquiry leave to be represented.
(4) The representation of a person or body in an inquiry under this Division shall be-
(a) by a barrister or a solicitor of the Supreme Court of a State or Territory or of the High Court; or
(b) by a person approved by the Tribunal.
Undertakings to Tribunal.
135. (1) In connexion with an inquiry under this Division, the Tribunal may receive an undertaking to the Tribunal by a shipowner with respect to a matter appearing to the Tribunal to be relevant to the operation of this Part.
(2) The Minister may withdraw a reference of a matter to the Tribunal under this Division upon the giving of an undertaking under sub-section (1) to the satisfaction of the Minister.
(3) An undertaking to the Tribunal under this section shall not, unless the contrary intention appears expressly from the terms of the undertaking, be construed as an admission as to any matter.
(4) The Tribunal shall record in writing an undertaking received or given for the purposes of this section and the writing shall be placed in the records of the Tribunal.
Failure to comply with undertaking to be contempt of Tribunal.
136. A person who-
(a) fails to comply with an undertaking given to the Tribunal under this Part;
(b) aids, abets, counsels or procures, or is in any way directly or indirectly knowingly concerned in, or party to, a failure to comply with such an undertaking; or
(c) does an act or thing with the intention of evading or frustrating such an undertaking or causing or encouraging the evasion or frustration of such an undertaking,
is guilty of a contempt of the Tribunal.
Punishment of contempt.
137. (1) A contempt of the Tribunal referred to in section 136 is punishable by the Court as if it were a contempt of the Court and jurisdiction is conferred on the Court to hear and determine proceedings in respect of such a contempt.
(2) Subject to this section, a proceeding in respect of such a contempt shall be instituted, carried on, heard and determined in accordance with the laws applicable to and in relation to the punishment of contempts of the Court.
(3) In so far as any such law is incapable of application, the Court may give a direction as to the manner of instituting, carrying on, hearing or determining a proceeding referred to in sub-section (2).
(4) For the purposes of proceedings under this section, the Court shall be constituted by not less than three Judges.
(5) Proceedings before the Court in accordance with this section shall not be instituted except with the consent in writing of the Minister.
(6) A reference in a law of Australia to an offence against a law of Australia shall be read as including a reference to a contempt referred to in this Part.
Protection of certain persons.
138. Where a person enters into, or purports to enter into, a transaction that involves a failure by him to comply with an undertaking given to the Tribunal, a person who is not bound by the undertaking has the same rights and title, whether as a party to the transaction or as a person claiming directly or indirectly under a party to the transaction, as he would have had if the transaction had not involved such a failure.
Publication of reports of Tribunal.
139. (1) Where the Tribunal has made a report to the Minister under this Division, the Minister shall-
(a) upon the expiration of a period of 60 days after the date on which he received the report; or
(b) if, before the expiration of that period, the Governor-General makes an order after consideration of the report, immediately after the making of the order,
direct the Registrar to make the report public.
(2) After a direction has been given under sub-section (1) in respect of a report, a person may, on payment of the prescribed fee (if any)-
(a) inspect a copy of the report at the office of the Registrar; or
(b) obtain a copy of the report certified to be a true copy under the hand of the Registrar or of a Deputy Registrar.
(3) Section 165 does not apply in relation to a report of the Tribunal under this Division.
Institution of prosecutions.
140. (1) For the purpose of proceedings before the Court for an offence against this Part, the references in paragraph 163 (4) (b) to the Attorney-General shall be read as references to the Minister.
(2) Proceedings before the Court in respect of a contempt of the Court in relation to an injunction under this Part shall not be instituted except with the consent in writing of the Minister.
Aiding and abetting.
141. (1) A person who aids, abets, counsels or procures, or is in any way directly or indirectly knowingly concerned in, or party to-
(a) the commission of an offence against this Part; or
(b) the doing of an act or thing outside Australia that would, if done within Australia, be an offence against this Part,
shall be deemed to have committed the offence and is punishable accordingly.
(2) The references in sub-section (1) to an offence against this Part shall be read as including references to a contempt of the Court in relation to an injunction under this Part.
142. Where a person enters into, or purports to enter into, a contract of carriage or other transaction that involves an offence by him against this Part or a breach by him of an injunction of the Court under this Part, a person who was not guilty of such an offence or breach in relation to the transaction has the same rights, whether as a party to the transaction or as a person claiming directly or indirectly under a party to the transaction, as he would have had if the contract or transaction had not involved such an offence or breach.
Constitution of Court.
143. For the purposes of proceedings in respect of a contempt of the Court consisting of failure to comply with an injunction under this Part, the Court shall be constituted by not less than three Judges.
144. (1) Subject to this section, a shipper, shipowner or other person who suffers loss or damage by an act of another person done in contravention of section 124 or 130 may recover the amount of the loss or damage by action against that other person.
(2) Jurisdiction is conferred on the Court to hear and determine actions under this section and that jurisdiction is exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under section 75 of the Constitution.
Deferment of action on application of Minister.
145. The court in which an action under this Division is instituted may, on the application of the Minister, defer or adjourn the hearing of the action where it is satisfied that it is in the interests of justice to do so having regard to any pending or possible prosecution or proceedings for an injunction or for contempt of the Court arising out of disobedience to an injunction.
Findings in contempt proceedings to be evidence.
146. In proceedings against a person under this Division, a finding of a fact by the Court in proceedings under, or arising out of, this Part in which-
(a) that person has been found guilty of an offence against a provision of Division 3 or of Division 4;
(b) an injunction has been granted against that person; or
(c) that person has been found guilty of contempt of the Court,
is prima facie evidence of the fact and the finding may be proved by production of a document under the seal of the Court from which the finding appears.
TRADE PRACTICES ACT 1974 No. 51, 1974 - PART XI
Continuation of certain appointments and proceedings.
147. (1) A person named in an instrument of appointment to an office made under a provision of the Restrictive Trade Practices Act 1971 or of that Act as amended, but not including a person who had ceased to hold his office before the commencing date, shall, if a corresponding office exists under this Act, be deemed to have been appointed to that corresponding office and holds office for the remainder of the period of his appointment under the Restrictive Trade Practices Act 1971-1973 as if appointed under this Act.
(2) Any proceedings instituted by the Commissioner of Trade Practices before the commencing date under section 102 of the Restrictive Trade Practices Act 1971-1973 have effect as if they had been instituted by the Commission under section 80 of this Act on that date and everything done in relation to those proceedings before that date has effect as if it had been done under this Act or the regulations, as the case requires.
Commission may retain certain documents.
148. The Commission is entitled to obtain and retain custody of-
(a) any document or copy of, or extract from, a document retained immediately before the commencing date by the Commissioner of Trade Practices under section 148 of the Restrictive Trade Practices Act 1971-1973;
(b) any document furnished under section 42 of the Restrictive Trade Practices Act 1971 or of that Act as amended;
(c) any document produced under section 166 of the Restrictive Trade Practices Act 1971 or of that Act as amended and retained immediately before the commencing date by the Commissioner of Trade Practices under section 167 of the Restrictive Trade Practices Act 1971-1973; and
(d) any copy of, or extract from, a document made or taken under section 167 of the Restrictive Trade Practices Act 1971 or of that Act as amended.
Secrecy in relation to documents furnished under previous law.
149. (1) Subject to sub-section (3), a member of the Commission or a member of the staff assisting the Commission shall not, either directly or indirectly, except in the performance of a duty under or in connexion with this Act-
(a) make a record of, or divulge or communicate to any person, any
information concerning the affairs of any other person acquired from-
(i) a document, copy or extract referred to in section 148; or
(ii) a document acquired by any person by reason of any office or employment under or for the purposes of the Trade Practices Act 1965, or that Act as amended, or the Restrictive Trade Practices Act 1971, or that Act as amended; or
(b) produce to any person such a document, copy or extract.
(2) A member of the Commission or a member of the staff assisting the Commission shall not be required to produce in a court a document, copy or extract referred to in sub-section (1), or to divulge or communicate to any court any information concerning the affairs of any other person acquired by him from such a document, copy or extract.
(3) Nothing in sub-section (1) or (2) applies in relation to-
(a) the communication of information to, or the production of a document, copy or extract to, the Attorney-General or an officer acting on behalf of, and with the authority of, the Attorney-General; or
(b) the communication or production to a person of, or of information, documents, copies or extracts concerning, particulars of an agreement to which, according to those particulars, that person is or has been a party.
Certain notices continued.
150. (1) A notice served or deemed to have been served by the Minister under sub-section 108 (1) of the Restrictive Trade Practices Act 1971 or of that Act as amended shall be deemed to have been served under sub-section 114 (1) of this Act.
(2) A person appointed or deemed to have been appointed under section 108 of the Restrictive Trade Practices Act 1971 or of that Act as amended as the agent of a shipowner shall be deemed to have been appointed under section 114 of this Act.
(3) An address for service of a shipowner notified or deemed to have been notified under section 108 of the Restrictive Trade Practices Act 1971 or of that Act as amended shall be deemed to have been notified under section 114 of this Act.
Particulars of agreements continued.
151. It is not necessary for particulars in respect of an agreement furnished under section 90G of the Trade Practices Act 1965-1966 or of that Act as amended or under section 111 of the Restrictive Trade Practices Act 1971 or of that Act as amended to be furnished as required by section 117 of this Act and this Act applies to and in relation to particulars so furnished, and to and in relation to the agreement in respect of which they were so furnished, as if the particulars had been furnished under section 117 of this Act.
Repository of documents continued.
152. The repository of documents kept under sub-section 113 (1) of the Restrictive Trade Practices Act 1971-1973 shall continue as the repository of documents referred to in sub-section 119 (1) of this Act, and documents filed or deemed to have been filed in the first-mentioned repository shall be deemed to have been filed in the second-mentioned repository.
Extension of section 121.
153. The application of section 121 of this Act extends to information and documents referred to in section 90L of the Trade Practices Act 1965-1971 or section 115 of the Restrictive Trade Practices Act 1971-1973.
Undertakings continued.
154. (1) A notice served or deemed to have been served by the Minister under section 116 of the Restrictive Trade Practices Act 1971 or of that Act as amended shall be deemed to have been served under section 122 of this Act.
(2) An undertaking given or deemed to have been given as requested in a notice referred to in sub-section (1) shall be deemed to have been given as requested in a notice under section 122 of this Act.
TRADE PRACTICES ACT 1974 No. 51, 1974 - PART XII
Power of Commission to obtain information, documents and evidence.
155. (1) Where the Commission, the Chairman or the Deputy Chairman has reason to believe that a person is capable of furnishing information, producing documents or giving evidence relating to a matter that constitutes, or may constitute, a contravention of this Act, a member of the Commission may, by notice in writing served on that person, require that person-
(a) to furnish to the Commission, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any such information;
(b) to produce to the Commission, or to a person specified in the notice acting on its behalf, in accordance with the notice, any such documents; or
(c) to appear before the Commission at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents.
(2) Where the Commission, the Chairman or the Deputy Chairman has reason to believe that a person has engaged or is engaging in conduct that constitutes, or may constitute, a contravention of this Act, a member of the Commission may, for the purpose of ascertaining by the examination of documents in the possession or control of the person whether the person has engaged or is engaging in that conduct, authorize, by writing signed by the member, a member of the staff assisting the Commission (in this section referred to as an "authorized officer") to enter any premises, and to inspect any documents in the possession or under the control of the person and make copies of, or take extracts from, those documents.
(3) The Commission may require the evidence referred to in paragraph (1) (c) to be given on oath or affirmation and for that purpose any member of the Commission may administer an oath or affirmation.
(a) particulars of an agreement were furnished to the Commissioner of Trade Practices under section 42 of the Restrictive Trade Practices Act 1971 or of that Act as amended; or
(b) particulars of an agreement were furnished to the Commissioner of Trade Practices under section 42 of the Trade Practices Act 1965 or of that Act as amended, being particulars that would have been required to be furnished under section 42 of the Restrictive Trade Practices Act 1971 if that Act had been in force when they were furnished,
and it appears to a member of the Commission that the agreement would, if still in force-
(c) constitute a contract, arrangement or understanding to which section 45 of this Act applies; or
(d) provide for the engaging in conduct that is prohibited by this Act,
the member of the Commission may, by notice in writing served on a person who appeared from those particulars to be a party to the agreement, require that person to inform the Commission, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, whether any action was taken by the parties to the agreement to terminate the agreement and, if so, the nature and full particulars of that action.
(5) A person shall not-
(a) refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it;
(b) in purported compliance with such a notice, knowingly furnish information or give evidence that is false or misleading; or
(c) obstruct or hinder an authorized officer acting in pursuance of sub-section (2).
(6) The occupier or person in charge of any premises that an authorized officer enters in pursuance of sub-section (2) shall provide the authorized officer with all reasonable facilities and assistance for the effective exercise of his powers under that sub-section.
(7) A person is not excused from furnishing information or producing or permitting the inspection of a document in pursuance of this section on the ground that the information or document may tend to incriminate the person, but the answer by a person to any question asked in a notice under this section or the furnishing by a person of any information in pursuance of such a notice, or any document produced in pursuance of such a notice or made
available to an authorized officer for inspection, is not admissible in evidence against the person-
(a) in the case of a person not being a body corporate-in any criminal proceedings other than proceedings under this section; or
(b) in the case of a body corporate-in any criminal proceedings other than proceedings under this Act.
Inspection of documents by Commission.
156. (1) A member of the Commission, or a person authorized by a member of the Commission, may inspect a document produced in pursuance of a notice under section 155 and may make copies of, or take extracts from, the document.
(2) The Commission may, for the purposes of this Act, Commission.
Ward suffering retain for as long as is necessary for those purposes, possession of a document produced in pursuance of a notice under section 155 but the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a member of the Commission under his hand to be a true copy and the certified copy shall be received in all courts as evidence as if it were the original.
(3) Until such a certified copy is supplied, the Commission shall, at such times and places as it thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorized by that person, to inspect and make copies of or take extracts from the document.
Disclosure of documents by Commission.
157. (1) Where a corporation makes an application to the Commission for an authorization, the Commission gives a notice under section 91 (4) to a corporation to which an authorization has been investigation or proceedings have been instituted against a corporation under section 77, the Commission shall, at the request of the corporation, furnish to the corporation-
(a) a copy of every document that has been furnished to, or obtained by, the Commission in connexion with the matter to which the application, notice or proceedings relates and tends to establish the case of the corporation; and
(b) a copy of any other document in the possession of the Commission that comes to the attention of the Commission in connexion with the matter to which the application, notice or proceedings relates and tends to establish the case of the corporation,
not being a document obtained from the corporation or prepared by an officer or professional adviser of the Commission.
(2) If the Commission does not comply with a request under sub-section (1), the Court shall, subject to sub-section (3), upon application by the corporation which made the request, make an order directing the Commission to comply with the request.
(3) The Court may refuse to make an order under sub-section (2) in respect of a document or part of a document if the Court considers it inappropriate to make the order by reason that the disclosure of the contents of the document or part of the document would prejudice any person, or for any other reason.
(4) Before the Court gives a decision on an application under sub-section (2), the Court may require any documents to be produced to it for inspection.
(5) An order under this section may be expressed to be subject to conditions specified in the order.
Protection of members of Tribunal or Commission, barristers and witnesses.
158. (1) A member of the Tribunal or a member of the Commission has, in the performance of his duty as a member, the same protection and immunity as a Justice of the High Court.
(2) A barrister, solicitor or other person appearing before the Tribunal or the Commission on behalf of a person has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.
(3) Subject to this Act, a person summoned to attend or appearing before the Tribunal or the Commission as a witness has the same protection, and is, in addition to the penalties provided by this Act, subject to the same liabilities, in any civil or criminal proceedings as a witness in proceedings in the High Court.
Incriminating answers.
159. (1) A person appearing before the Tribunal or the Commission to give evidence or produce documents (including a person appearing before the Commission under section 155) is not excused from answering a question, or producing a document, on the ground that the answer to the question, or the document, may tend to incriminate him.
(2) Evidence given by a person before the Tribunal or the Commission is not admissible against him in any criminal proceedings other than proceedings for offences against this Part.
Failure of witness to attend.
160. A person served, as prescribed, with a summons to appear as a witness before the Tribunal or the Commission shall not, without reasonable excuse-
(a) fail to attend as required by the summons; or
(b) fail to appear and report himself from day to day unless excused, or released from further attendance, by a member of the Tribunal or a member of the Commission, as the case may be.
Refusal to be sworn or to answer questions.
161. A person appearing as a witness before the Tribunal or the Commission shall not, without reasonable excuse-
(a) refuse or fail to be sworn or to make an affirmation;
(b) refuse or fail to answer a question that he is required to answer by the member presiding at the proceedings; or
(c) refuse or fail to produce a document that he was required to produce by a summons under this Act served on him as prescribed.
Contempt of Tribunal or Commission.
162. A person shall not-
(a) insult or disturb a member of the Tribunal or a member of the Commission in the exercise of his powers or functions as a member;
(b) interrupt the proceedings of the Tribunal or of the Commission;
(c) use insulting language towards a member of the Tribunal or a member of the Commission;
(d) create a disturbance or take part in creating or continuing a disturbance in or near a place where the Tribunal is sitting or the Commission is holding a public hearing; or
(e) do any other act or thing that would, if the Tribunal or Commission were a court of record, constitute a contempt of that court.
Prosecutions.
163. (1) Prosecutions for offences against this Act shall be brought only in the Court.
(2) Jurisdiction is conferred on the Court to hear and determine prosecutions under this Act.
(3) The jurisdiction of the Court in respect of an offence against a provision of Division 3 or 4 of Part X shall be exercised by not less than 3 Judges.
(4) Proceedings before the Court in accordance with this section-
(a) may be instituted by summons upon information; and
(b) shall not be instituted except with the consent in writing of the Attorney-General or of a person authorized by the Attorney-General, by writing under his hand, to give such consents.
(5) A prosecution for an offence against section 118 may be commenced at any time after the commission of the offence.
Proceedings by Commission to be in its official name.
164. Where this Act provides that the Commission may make an application to, or institute any other proceeding in, a court, the Commission may make that application or institute that proceeding in the official name of the Commission.
Inspection of, furnishing of copies of, and evidence of, documents.
165. (1) A person may, on application in accordance with the regulations and on payment of the prescribed fee (if any)-
(a) inspect any document contained in the register kept under sub-section 89 (3) or 95 (1); and
(b) obtain a copy of such a document (including, where the person so requests, a copy certified to be a true copy under the hand of a person authorized by the Commission to certify such copies).
(2) Subject to sub-section (3) and to any direction under sub-section 106
(2), a person may, on application in accordance with the regulations and on payment of the prescribed fee (if any)-
(a) inspect the document recording a determination of the Tribunal or any document furnished to, or recorded in the records of, the Tribunal in pursuance of this Act or the regulations; and
(b) obtain a copy of such a document (including, where the person so requests, a copy certified to be a true copy under the hand of the Registrar or of a Deputy Registrar).
(3) Unless the Tribunal in a particular case otherwise directs, sub-section (2) does not apply in relation to a document furnished to the Tribunal if the person by whom the document was furnished claims, as prescribed, that the document contains matter of a confidential nature.
(4) A copy of a determination of the Commission, certified to be a true copy by a person authorized by the Commission to certify copies of determinations of the Commission, shall be received in all courts as evidence of the determination.
(5) A document purporting to be a copy of a determination of the Commission and to be certified to be a true copy in accordance with sub-section (4) shall, unless the contrary is established, be deemed to be such a copy and to be so certified.
(6) A copy of a determination of, or undertaking given to, the Tribunal, certified to be a true copy under the hand of the Registrar or of a Deputy Registrar, shall be received in all courts as evidence of the determination or undertaking.
Certificates as to furnishing of particulars of agreements.
166. (1) Where particulars of an agreement have been furnished to the Commission for the purposes of paragraph 51 (2) (g), the Commission shall, on application by a party to the agreement, cause to be furnished to the party a certificate signed by a member of the Commission specifying the particulars so furnished and the date on which the particulars were furnished.
(2) A certificate referred to in sub-section (1) shall be received in all courts as evidence that the particulars specified in the certificate were furnished to the Commission on the date so specified.
(3) A person is not entitled to inspect any particulars of an agreement that have been furnished to the Commission for the purposes of paragraph 51 (2) (g), but the Commission may make those particulars available to the Attorney-General or to an officer acting on behalf of, and with the authority of, the Attorney-General or to a court.
Judicial notice.
167. (1) All courts shall take judicial notice of-
(a) the official signature of any person who holds or has held the office of President, Deputy President, member of the Tribunal, Chairman, Deputy Chairman, member of the Commission, Registrar or Deputy Registrar and of the fact that that person holds or has held that office; and
(b) the official seal of the Tribunal or of the Commission,
if the signature or seal purports to be attached or appended to an official document.
(2) In this section, "court" includes a Federal Court or a court of a State or Territory and all persons authorized by law or by consent of parties to receive evidence.
Presumption that bodies corporate not related.
168. In proceedings under this Act, whether in a court or before the Tribunal or the Commission, it shall be presumed, unless the contrary is established, that bodies corporate are not, or were not at a particular time, related to each other.
Temporary exercise of jurisdiction by Australian Industrial Court.
169. (1) Jurisdiction expressed to be conferred on the Superior Court of Australia by this Act shall not be deemed to be so conferred before a court of that name is authorized under another Act to exercise jurisdiction.
(2) If, at the commencing date, jurisdiction under this Act cannot be exercised by the Superior Court of Australia, then-
(a) until jurisdiction can be so exercised, any action, prosecution or other proceeding under this Act may be instituted in the Australian Industrial Court as if references in this Act to the proceedings Court of Australia were references to the Australian Industrial Court;
(b) jurisdiction is conferred on the Australian Industrial Court to hear and determine a proceeding so instituted in that Court and, except in the case of a proceeding referred to in sub-section 137 (4), section 143 or sub-section 163 (3), that jurisdiction may be exercised by a single Judge; and
(c) this Act has effect in relation to a proceeding instituted in the Australian Industrial Court in accordance with this section, or in relation to a finding or order made in such a proceeding, as if references in this Act to the Court were, except where the context otherwise requires, references to the Australian Industrial Court.
(3) The jurisdiction of the Australian Industrial Court by virtue of this section is exclusive of the jurisdiction of other courts to the extent to which the jurisdiction of the Superior Court of Australia under this Act is expressed to be so exclusive.
TRADE PRACTICES ACT 1974 - Sect. 170.
Legal and financial assistance.
170. (1) A person-
(a) who has instituted, or proposes to institute, a proceeding before
the Commissioner or the Tribunal, or a proceeding before the Court
under Part VI;
(b) who is entitled to participate, or has been permitted to
intervene in a proceeding before the Commission or the Tribunal; or
(c) against whom a proceeding before the Court has been instituted
under Part VI,
may apply to the Attorney-General for a grant of assistance under
this section in respect of the proceeding.
(2) Where an application is made by a person under sub-section(1) the Attorney-General, or an officer of the Australian Public Service authorized in writing by the Attorney-General, may, if he is satisfied that it would involve hardship to that person to refuse the application and that, in all the circumstances, it is reasonable that the application should be granted, authorize the grant by Australia to the person, either unconditionally or subject to such conditions as the Attorney-General or officer determines, such legal or financial assistance in relation to the proceedings as the Attorney-General or officer determines.
(a) a reference to a proceeding before the Commission is a reference
to a proceeding in relation to an application for, or in relation
to the revocation of, an authorization; and
(b) a reference to a proceeding before the Tribunal is a reference
by the Commission.
Annual report by Commission.
171. The Commission shall, within 60 days after each year ending on 30 June, furnish to the Attorney-General, for presentation to the Parliament, a report with respect to its operations in that year.
172. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convinient to be prescribed for carrying out or giving effect to this Act and, in particular, prescribing-
(a) matter in connexion with the procedure of the Tribunal and
the Commission;
(b) the fees and expenses of witnesses in proceedings before the
Tribunal and the Commission; and
(c) matters for and in relation to the costs, if any, that may be
awarded by the Court in proceedings before the Court under
this Act.
(2) The regulations may provide that all or any of the provisions of this Act shall not apply to or in relation to conduct engaged in by a specified organization or body that performs functions in relation to the marketing of primary products.
(3) The regulations may provide that all or any of the provisions of this Act are not to apply in respect of a prescribed contract or proposed contract, contracts included in a prescribed class of contracts, or prescribed conduct, being a contract, proposed contract or class of contracts made, or conduct engaged in, in persuance of or for the purposes of a specified agreement, arrangement or understanding between the Government of Australia and the Government of a country outside Australia
TRADE PRACTICES ACT 1974 No. 51, 1974 - NOTE
1. Act No. 51, 1974; assented to 24 August 1974.
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Dave Mac
1.3 million Drivers Parked up for good because of Rising Cost of Motoring
Drivers are giving up on driving as motoring costs rise
**New research has found that 1.3 million people have been driven off the roads by the increasing cost of motoring over the last year.
The latest figures show that 76% of drivers have changed their motoring habits over the past 12 months in order to save money.
According to research conducted by Sainsbury's Finance, 26% of drivers admit to only ever filling half the tank. What they are doing instead is purchasing specific values of fuel such as £20 worth or £50 worth of fuel.
The average car owner is spending around £1,720.69 a year to fuel their car leading motorists to see almost a 25% increase year on year.
As driving habits change to fit with the times, many are finding different methods in order to reduce costs.
Now 45% of motorists are driving less and 7% have been reduced to car share schemes. A further 10% have downgraded their car for one that's more cost effective to run.
"We estimate the average motorist has an annual fuel bill of over £1,700, a 22.9% year-on-year increase, which underlines just how hard the rising cost of motoring is affecting people,” said Ben Tyte, Head of Motor Insurance, Sainsbury's Finance.
"The average annual cost of running a car is now just over £3,000 a year, 21% higher than a year ago,” added Tyte.
A number of drivers who have now taken a back seat towards motoring are concerned that more should be done to help them.
Gocompare conducted a survey of 3000 adults and revealed that 44% of people would like to see a cut in fuel duty. A further 50% of people believe that the government should do more to control fuel prices.
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Ofgem Chief Executive warns of Energy Crisis
Outgoing boss of regulator Ofgem raised concerns over Britain's over reliance on gas over the next decade. Reduced consumption necessary for security of supply.
Alistair Buchanan gave a depressing speech yesterday highlighting that Britain faces increased energy prices and uncertainty over whether we can generate enough electricity.
He criticised the closure of 10% of our power stations (coal and oil fired) in a months time, saying that it was earlier than it could have been as they did not have to close until 2016 adding to the concerns over our power generation capacity within the next three years.
As we will not have new nuclear power stations before 2020 or clean coal or carbon capture generation before 2020, that would put the focus back on gas. Gas already accounts for 30% of our fuel input to power stations a figure he predicts to rise to 60%. And that's not all the bad news, he added:
"… and we're going to have to go and shop for our gas in the worldwide markets. The concern currently is, just at the time that we have a shortage potentially of power stations, we're buying our gas in a market that's tight and consequently you've got a double squeeze.”
Mr Buchanan went on to say that improvements in energy efficiency were necessary not just to defend against higher bills but also to safeguard the supply. He warned that the near-crisis would happen between 2015 and 2018, with energy costs increasing on all elements of the bill: network costs, environmental taxes and wholesale prices.
Users of MoneyMaxim's Energy Comparison Service saved an average of £211 on their gas and electricity bills. (Average savings made over the last 60 days.)
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Morgan Lewis Hosts Event Celebrating “Sister City” Signing Between Frankfurt and Philadelphia
FRANKFURT, July 14, 2015: Morgan, Lewis & Bockius LLP, a global law firm with offices in both Philadelphia and Frankfurt, is hosting an event to celebrate the “sister city” signing between the two cities, with a formal ceremony set for July 16 in Frankfurt.
On the eve of the signing, key representatives of both cities will come together with 60 invited business and government leaders, including Consul General Kevin C. Milas, to hear from Peter Feldmann, mayor of the City of Frankfurt, and Michael A. Nutter, mayor of the City of Philadelphia. Mayor Nutter will also give an overview of Philadelphia’s business attributes in a presentation titled, “Smart City. Smart Choice.” The guests will be welcomed by Dr. Christian Zschocke, managing partner of Morgan Lewis’s Frankfurt office.
The trend to formalize sister cities developed after World War II and has been used in recent years to encourage international business and tourism. For Morgan Lewis, which has had an office in Frankfurt for more than 25 years and now has 25 internationally trained lawyers there, the event is an opportunity to celebrate the firm’s strong ties in the two cities. The firm was founded in Philadelphia in 1873 and is now one of the largest law firms worldwide with 28 offices in North America, Europe, Asia and the Middle East.
“Frankfurt and Philadelphia have many things in common and complement each other well. Each is a large cosmopolitan center with a vibrant business community. Exploring ways to collaborate on new business development opportunities can benefit both,” said Tim Levin, managing partner of Morgan Lewis’s Philadelphia office.
“Morgan Lewis is an integrated global firm, and our lawyers around the world work together on client matters every day. Given the close relationship and parallels between our Philadelphia and Frankfurt offices, naturally we felt it was only appropriate for us to host a reception in honor of the signing of the sister cities agreement. In fact, the event will be held in our Walnut Street Room, named after the street in Philadelphia that was home to the first Morgan Lewis office,” said Dr. Zschocke.
Timothy W. Levin
Christian O. Zschocke
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Clive Robert Morley (1936 - 2015)
Founder of Clive Morley Harps
Clive Morley was born into the music business. His father, Douglas Morley, owned a music shop that sold pianos and similar instruments, sheet music and records. Clive served his apprenticeship as a piano tuner at Kemble and Co Piano Makers. After his apprenticeship, he returned to the family business, working on the production of clavichords and harpsichords and packing gramophone needles in his spare time.
The Morley family had been associated with harps since 1817 when George Morley (1790-1852) registered his harp making, tuning and repair business in London. Clive saw his first pedal harp on the Russian stand at the 1951 Festival of Britain. Though still a school boy, he initiated the negotiations which led to Robert Morley and Co obtaining the UK agency for these harps.
After a few years spent in the technology business, working for Marconi, GEC and IBM, Clive returned to the music business. His old mentor, Mr Jacobs of Kemble and Co, helped him obtain the agency for Aoyama harps. With the assistance of his wife, Kate, he founded Clive Morley Harps in 1988.
Clive initially sold Aoyama and Russian harps from the old Robert Morley piano showrooms in Lewisham: before long, the business relocated to specially built showrooms in Filkins, Gloucestershire, where Clive Morley Harps has been based ever since.
In 2006, Clive handed the day to day running of the business to his son, Ben. In retirement, he and Kate enjoyed playing bridge, travelling and entertaining. However, Clive kept an active role in all aspects of Clive Morley Harps. He was very knowledgeable about harp history and had a keen interest in antique harps and sheet music. At the same time, he was interested in new technologies and keenly promoted developments with MIDI harps and emerging harp materials and design.
Photo by Antony Thompson for Cotswold Life Magazine – April 2014
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MF Sushi
1401 Binz St. | Houston, TX 77004
Sushi fans were relieved when Alex Kinjo, co-owner of MF Sushi and his chef-brother Chris Kinjo reopened their celebrated Houston sushi restaurant in mid-summer 2015. Although the spot has enjoyed a loyal local following, the duo’s venture hasn’t come without hiccups.
After opening in December 2012, near the Galleria, MF Sushi was forced to temporarily close due to a fire in October of the following year. It reopened six months later, only to close in October 2014. Fast forward to July 2015, the team relaunched and reopened in a stunning Museum District space designed by local form MC2 Architects, the same team behind the James Beard Award-nominated Triniti space. Located in the mixed-use Museum Point Professional Building, the 60-seat dining room is sleek and contemporary with a wood-burning oven and a 12-seat omakase counter—undoubtedly the best seats in the house.
Planning a visit and want to make it count? Make a reservation for omakase (a chef’s tasting dinner) where Chef Kinjo delights patrons with almost two-dozen dazzling courses. If you can’t secure one of the coveted omakase seats, stop in for lunch and dinner service where traditional Japanese sushi keeps fans coming back.
MF Sushi is open Monday through Friday for lunch and dinner, and dinner-only service on Saturday evenings.
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Celebrate Passover
Passover (Pesach) History
Observance of Passover has taken a number of forms throughout history.
By MJL
Passover (Pesach) 101
The Passover (Pesach) Seder
Observance of Passover has taken a number of forms through history. This evolution is partly seen in the Torah text itself. It is discussed as a springtime festival, a barley harvest festival, and a time to bring sacrifices to the Temple in Jerusalem. Different references to Passover in the Torah as well as knowledge of other ancient rituals that took place at the same time of year indicate that there may have been several origins of the Pesach festival. The ancient Israelites took what was originally one or more separate Canaanite spring holidays and imbued them with a heightened significance when they made Passover a commemoration of the Exodus from Egypt.
Feast of Unleavened Bread
We now view commemoration of the liberation of the Hebrews from Egyptian bondage as identical to the celebration of the Feast of Unleavened Bread. In Leviticus 23:5-6, however, there seems to be a distinction between the two festivals. The “Lord’s Passover” falls at dusk on the 14th day of the first month, Nisan (referred to in Torah as the month of “Aviv”). The Festival of Unleavened Bread fell on the 15th day of the same month. In Exodus 13:4 and Deuteronomy 16:1, the New Moon is given as the memorial day for the Exodus.
The Paschal Lamb Is Introduced
Setting aside, slaughtering, and eating a paschal lamb was introduced as a celebration of the festival. The Hebrews were commanded to take a lamb for each household on the 10th of the first month (Nisan). The unblemished male lamb in its first year was kept until the 14th day and then killed at eve. This ritual was reminiscent of ancient pagan rituals that took place at this time of the year. Nisan was the month when sheep gave birth and sacrifices were made at the full moon on the 15th of the month.
Spring Harvest Festival
Passover also falls at the time of the beginning of the spring harvest. Leviticus 23:10-16 discusses the omer [a certain measure] of new barley that was brought to the Temple on the second day of the festival. At this time of year, the first sheaf of newly cut barley was offered up as a sacrifice. It has been suggested that the elimination of hametz (leaven), which Jews undertake before Passover, may have originated as a precaution against infecting the new crop. Thus, Hag ha-Matzot (the feast of unleavened bread), which is a name for Passover, may have originally carried this agricultural meaning. Hag ha-Aviv, or Spring Festival, is another name for the festival of Pesach. A number of remnants of the springtime origins of Pesach remain, as in the prayer for dew, and the counting of the Omer that bridges two different spring harvest periods.
Biblical Passover Celebrations
The first Pesach observance, mentioned in Numbers 9:5, took place at Sinai. The first observance in the “holy land” is mentioned in the book of Joshua (5:10-11). The children of Israel kept the Passover in Gilgal on the 14th of Nisan, and ate unleavened bread the next day. It is believed that the turmoil of the Judges period that followed Joshua was not conducive to observance of Pesach. Revival of the holiday probably occurred under Samuel in the 11th century BCE.
Passover as Temple Pilgrimage Festival
With the building of the Temple in Jerusalem, the observance of the festival changed. The Temple was the focal point for the “shalosh regalim,” the Pilgrim Festivals, and it provided a place for carrying out the Pesach sacrifice. Observance of the festival waxed and waned in subsequent periods. Historians believe that after the return from Babylonian exile and the beginning of the second Temple period, at the end of the sixth century BCE, the festival was restored to prominence. The nature of the Pesach observance necessarily had to radically change after the destruction of the Temple in 70 CE, when animal sacrifices ceased.
Development of the Seder
After the destruction of the Temple, Pesach was transformed from a mostly communal, public festival to one centered in the home. A Talmudic tractate devoted to the festival, Pesachim, suggests that home observance of Pesach began prior to the destruction of the Temple. Chanting of Hallel (psalms of praise), which accompanied the slaughtering of the paschal offering began to be practiced during family feasts when the paschal lamb was eaten in private homes throughout Jerusalem. The home seder as we know it today was meant to be a retelling of the Exodus story in response to questions posed by children. These exact wording of the questions changed over time, until they became the four questions beginning “Mah nishtanah” (what is different?) that we know today.
A book called the Haggadah (from the Hebrew root “to tell”) that serves as the liturgy and guidebook for the seder is an amazing pedagogic instrument that developed over time. The first documented evidence of parts of the Haggadah is found in the Mishnah (edited ca. 200 CE). The arrangement of the table, the psalms, benedictions, and other recited matter of today coincide substantially with the program laid down in the Mishnah. Midrashim (commentaries) were added and most of the version we now have was completed by the end of the Talmudic period (500-600 CE). Evidence of the wide acceptance of the Haggadah was its inclusion in Rav Amram’s siddur (prayerbook) in the eighth century CE.
Medieval Additions to the Haggadah
The Haggadah began to be copied as a separate book in the 12th century. Medieval additions to the Haggadah include piyyutim (liturgical poems) and readings in response to the persecution suffered at that time. (Blood libel accusations at Passover time even led to a rabbinic ruling that white wine be used at the seder lest red wine be mistaken for blood.) Pesach has been one of the favorite subjects of Jewish artists through the centuries, and they have created beautiful illuminated Haggadot. There are wonderful examples of these from Prague, Amsterdam, and Venice during the 16th and 17th centuries.
Modern-Day Passover Rituals
The tradition of adding to and adapting things in the Haggadah and the seder has continued. Among them are additions like the Matzah of Hope, which was a reminder of the plight of Soviet Jewry, and Miriam’s Cup, which was added by women who sought to add a female perspective to the festival. By giving the festival contemporary significance, each generation of Jews has performed the mitzvah of telling the story of the Exodus while reliving the event itself.
Haggadah
Pronounced: huh-GAH-duh or hah-gah-DAH, Origin: Hebrew, literally “telling” or “recounting.” A Haggadah is a book that is used to tell the story of the Exodus at the Passover seder. There are many versions available ranging from very traditional to nontraditional, and you can also make your own.
Pronounced: MISH-nuh, Origin: Hebrew, code of Jewish law compiled in the first centuries of the Common Era. Together with the Gemara, it makes up the Talmud.
Pronounced: nee-SAHN, Origin: Hebrew, Jewish month, usually coinciding with March-April.
Pronounced: PAY-sakh, also PEH-sakh. Origin: Hebrew, the holiday of Passover.
Pronounced: SAY-der, Origin: Hebrew, literally “order”; usually used to describe the ceremonial meal and telling of the Passover story on the first two nights of Passover. (In Israel, Jews have a seder only on the first night of Passover.)
Pronunced: TORE-uh, Origin: Hebrew, the Five Books of Moses.
Passover (Pesach) At Home
Passover is one of the major festivals of the year where the home rituals are of such significance and importance that they overshadow those done in the community.
How to Conduct a Passover Seder
The 14 steps of a traditional seder.
Passover (Pesach) In the Community
Although the central ritual of this festival is the home seder, there are a number of rituals that are observed within the wider community.
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Nostrand Avenue Improvement Association
Updates Merchants Photos Culture Services Mission Volunteer
UpdatesMerchantsPhotosCultureServicesMissionVolunteer
Five Myles - Murray / Ryman Review
Rebellion or Random Discovery
At Five Myles Gallery at 558 St. Johns Place on Saturday, March 23, a new show opened displaying works by two artists, Judith Murray and Cordy Ryman; the show was curated by Lilly Wei. The show was advertised as putting up works by two different generations. Judith Murray has more years behind her than she has ahead, and Cordy Ryman is in the opposite situation. The relationship between the two is even more complicated by the fact that Judith was a close friend of Cordy's father, Robert Ryman, the minimalist conceptual artist, famous for his all-white paintings. She was around as Cordy was growing up and knew him from the time he was a baby until the present. So I first examined the art and then I interviewed Cordy, Judith and Lilly, and, also almost by accident, Cordy's son who was at the show.
Cordy's work rests against the wall, but it would not be wrong to call it sculpture. It is made out of wood and is almost entirely made of squares and rectangles. The coloring is very simple, white and brown painted and there is quite a bit of exposed wood. There are only a few works in the show and they are all recent. It should be pointed out that a review of past work shows much more variety. For whatever reason, he imposed limits on himself for the pieces in this show. Judith's work actually comes from the 1980's and she discovered it when there was a leak in her studio. She wanted to save her stored work, and as she took it out of storage, she discovered the works on the display, the most commanding of which is a triptych of three fairly large canvases all the same size that have black backgrounds and very colorful shapes and movement on each. Again, this is just a snapshot from a long career in which there has been large variety.
Long ago when I was in Graduate School in English I became aware of a book that I understood so well, I never read it. It was Harold Bloom's “Anxiety of Influence.” It is one of those books like “Das Kapital” or “The Origin of the Species” that one knows without having actually read. Its argument as best I understood it without having actually read it, was that Western art changed in the Renaissance from craftsmanship in which the the artist learned to imitate what was done in the past and produced more of the same. With the Renaissance and the diminished influence of the church, artists had to be original and respond not to the church but the art market, largely dominated by aristocrats and wealthy merchants. Dealing with literature, Bloom argued that artists developed their originality through a process of rebellion. They misread their predecessors, rebelled against them and created new work unlike anything before. There was a good dose of Freudian psychology in this. Overthrowing the father was an essential part of this process. It seemed to me that Bloom's essential idea was correct. If you are not going to do what came before you must in some sense rebel against it to create something new.
Another piece of my preconceptions had to do with an understanding of some of art history. For various reasons I was very aware of two artists, Alice Neel and Thomas Hart Benton, and I knew that both of them had been put in the shade by the advent of Abstract Expressionism. They were both very angry about it because it destroyed their market and indicated that their talents were passé. This seemed to me a good example of what Bloom had described in literature. The rebels stopped doing figurative art and started to produce something radically different which then became the dominant work of the time. I remember how Jackson Pollock shook up the art world by spattering paint across canvases. One had to be pro or con and whether he won the vote, he took up most of the air in the room.
First of all, Judith Murray is part of the Abstract Expressionist movement but she came later. When I talked to her, she said the leaders of that movement were her idols. They profoundly affected her outlook and thinking. The artist who meant the most to her then was Ad Reinhardt who put on a show at the Betty Parsons Gallery in 1958 of all black paintings. She told me she went to this exhibit when she was still a student at Pratt; she saw the black rectangles on the wall and thought the pictures had not been installed yet, and she left. Out on the street she encountered someone who told her that those black things were the pictures. She went back and looked closely and saw the subtle effects that could be seen with careful observation. This led to a period when she was interested in all the work by Abstract Expressionists. The movement opened up a period of freedom and the possibility of transcending cultural boundaries. She made her own discoveries and started using black backgrounds with only three other colors – white, yellow and red. Her pictures in the show are from that period. So there went the first part of my theory derived from Bloom. Murray was not a rebel but someone who began by imitating and then making her own discoveries by limiting her options as the minimalists had done before her. However, her work is hardly minimalist; the limited colors are starkly defined, making clear shapes, and the pictures are dramatic with lots of movement and energy in them. So I would say that she made a discovery almost at random (what if her informant had not been outside to send her back to the exhibit?). And then she moved on from that discovery to make other discoveries within the general idea of Abstract Expressionism. However, Lilly Wei says, despite what Judith says, that her work goes beyond Abstract Expressionism into something else. I really can't say, both ideas make sense to me. Abstract Expressionism is a big territory and the borders are not defined so clearly.
So then we get to Cordy, son of the recently deceased Robert Ryman. His work is so different from Judith's that I took it that he was a rebel, resisting Abstract Expressionism to create a new kingdom. He doesn't see it that way. He told me he was not aware of Judith as artist when he was growing up. She was just a person who was often in the house. On the other hand, if you look at his father's work, one might well think that his father was his starting point. This is not how Cordy sees it. He writes, “As a child and a teenager the majority of the adult people I knew and interacted with were artists. This was and seemed normal in my world; I knew that each person did some strange and crazy thing as their 'art' and that this thing they did was unique and important to each of them personally. I did not often think of even always know what each person's specific works was, but the overall impression that each person did their own thing was instrumental and influential on me.” Rather, he seems to be saying that he was more influenced by a general atmosphere rather than one specific person the way Judith was when she was young.
Well, then there is the seemingly sharp contrast between the two artists of the two different generations. That idea is confused by the fact that Judith's work is much older than Cordy's. One would want them fighting it out in the present. However, hers came long before and he apparently had different influences that were not negative put largely positive. When I asked Lilly about the differences between the artists, she said what she was trying to show was, that despite age differences, the differences in when the works were created and the differences in medium, what struck her was the similarity in underlying theme. Well, that was a bit of a shock. So I went back and looked again, and by George, I think she is on to something.
I won't try to define what that similarity is. It would be like telling you how a novel ends and might ruin the experience. Rather take this review as a hint, go to the exhibit, and see what you think. I found the exhibit surprising in more than one way. I came with a preconception that turned out to be a misconception, and now I am glad I never read Harold Bloom. In searching for an overall theory I would now turn to Thomas Kuhn's work “The Structure of Scientific Revolutions”. Writing about science, he tells how revolutions do happen in science but then there is a period of consolidation in which scientists figure out the implications of the revolution. Newtonian Physics, Evolution, Relativity are examples of such revolutions each followed by a long period of careful development. With Newtonian physics you can send someone to the moon. There is still ground breaking work going on in evolution and relativity but it is not revolutionary. I would say Abstract Expressionism was such a revolution. The process of figuring out the implications is an on-going process
One more twist: When I met Cordy's son, I found out he does something in finance on Wall Street. So I suggested to him that he was rebelling against his artistic family. Not a bit of it. He said there is something in numbers that is not so far removed from his father's work and that he imagined the next turn in his career might be to become an artist. Well, I actually did read Freud, but I may have to throw out all that stuff about the Oedipal Complex. Whatever ideas one has, it is always good to see how they stack up with the data.
⁃ John DeWind
( A first draft of this review contained some serious blunders. I thank the artists and Lilly for setting me straight. The opinions expressed are of course my own.)
Jonathan Judge April 9, 2019
SRO Don Doe Sculptures
Jonathan Judge May 1, 2019
The Blind Alley
Jonathan Judge December 6, 2018
nisalojo@mindspring.com
Copyright 2018 Nostrand Avenue Improvement Association
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Venus Clara (Gilcher) Taylor
Obituaries | January 19, 2015
Feb. 1, 1920 – Jan. 10, 2015
Venus Clara (Gilcher) Taylor died peacefully on January 10, 2015 in Gardnerville, Nevada. She was born on February 1, 1920 on the family farm in Vergas, Minnesota to Charles and Klara (Nachtigall) Gilcher. She spent her childhood in North Dakota and Minnesota. She moved to California at the beginning of WWII and worked in a munitions factory at March Field near Riverside. In 1949, she married Lloyd Clayton Taylor and they lived together and raised a family in Oakland, California. In 1982 she and Lloyd retired to Carson City, Nevada and following Lloyd’s death she moved to nearby Gardnerville. She was a tireless volunteer, serving on local PTAs, Girl Scouts and as church secretary for Grand Lake Lutheran Church. She was devoted to her family, friends and to her faith. She loved to garden and was especially fond of roses, establishing rose gardens around her homes in Oakland and in Carson City and regularly providing friends and family with large, fragrant bouquets. She also loved children and was devoted to her grandchildren and great-grandchildren. She is survived by her brother Leo Gilcher of Whittier, California, her sister, Eleanor Gilcher Monzel of St. Paul, Minnesota, daughter, Cynthia Marie Taylor Henchell of Lyle, Washington and son, Bruce Lloyd Taylor of Minden, Nevada and five grandchildren and five great-grandchildren. She was preceded in death by her husband Lloyd, her brother Gilbert Gilcher and her sister-in-law and dear friend, Delores Gilcher. A funeral service will be held at FitzHenry’s Carson Valley Funeral Home 1380 Hwy 395 Gardnerville, Nevada on Monday January 19, 2015 at 11am. In lieu of flowers, donations may be made to Gentiva Hospice.
Marilyn F. Koschella
Helen Calista (Kolstrup) Yturiaga Early Huntley
Dennis “Denny” “Borgie” LaVern Borgen
Walter St. Clair Cochran III
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Wovoka Wilderness
Services, Getting There
Hikes & Trails
Humboldt-Toiyabe National Forest
Wilderness Area Status
Year Designated: 2014
Act or Law:
Acres: 49,000 with an additional 23,000 acres protected from mining and leasing.
State Region: Northwest Nevada
County Regions: Lyon
Managing Agency: Forest Service
Local District: Bridgeport Ranger District
Contact Info: (760) 932-7070
HCR 1 Box 1000 Bridgeport, CA93517
Visit the website (will open a new window)
The Wovoka Wilderness Area is the largest remaining tract of wild country in Lyon County, encompassing the southern portion of the Pine Grove Hills in western Nevada, south of Wellington and north of Bridgeport, California, east of Highway 338.
This area comprises at least 13 miles of roadless East Walker River. It is also home to a diversity of landscapes and experiences, from world-class flyfishing to rugged, multi-colored canyons, pinyon-juniper forests, seasonal lakes, critical habitat for the bi-state sage-grouse, rich archeological resources and wonderful views of the Sweetwater Mountains and Mount Grant.
This name honors Wovoka, the Paiute spiritual leader and father of the Ghost Dance, who prophesized a message of hope to Native Americans in the 1890s. Born in the region, Wovoka worked and found inspiration in these hills.
Elevations range from 5,200 feet along the East Walker River to 9,407 feet at the summit of Bald Mountain.
The Wovoka Wilderness contains critical habitat for the bi-state sage grouse population including leks and summer, winter and nesting habitat.
The area is rich in cultural resources, including drive fences, petroglyphs, house rings, ritual sites, and tool-making sites. A prehistoric village site, with at least 20 house rings, exists within the southeast portion of the proposal.
This area is an important pine-nut source for local Paiute Indians.
World-class flyfishing along the willow-lined East Walker River. At least 13 miles of the East Walker River runs through the southern portion of this proposal.
Important plants include Williams combleaf, Mono County phacelia, Bodie Hills draba, Barnebys serpentweed, and isolated populations of Jeffrey pine.
Important birds and animals include bighorn sheep, bear, bobcat, cougar, nesting golden eagles, small-footed myotis bats, Townsend's big-eared bats, and Apache silverspot butterflies.
Ecologically, the Pine Grove Range offers a critical link between the Sierra Nevada and Great Basin. To the west lie the Sweetwater Mountains; to the south, the Bodie Hills; to the east, the Wassuks and Mt. Grant. The Pine Grove Range provides critical habitat and migration corridors, both north-south in the Pine Grove Range and into the Bodie Hills, and east-west from the Wassuks and Mt. Grant through the Pine Grove Range, to the Sweetwaters and Sierra Nevada. This largely undeveloped landscape allows species to migrate seasonally and in response to stress caused by fire and drought.
From a recreation perspective, the Wovoka Proposed Wilderness provides a balance to the vehicle-impacted majority of the Pine Grove Hills, where hikers, equestrians, backcountry skiers, flyfishers and others can pursue these traditional forms of recreation without the disturbance of engines.
See also Wovoka Wilderness: An Idea Whose Time Has Come.
Wildlife:
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Group aims to curb invasive species
By TOM PALMERNYT Regional Media Group
WINTER HAVEN -- You might call it the environmental version of Polk County's Most Wanted.
Over the next few weeks, the search will be on in preservation areas all over Polk and some neighboring counties for new reports of pest plants and animals.
Sponsors are calling it the "Early Detection Scavenger Hunt."
That's because it's not about finding well-known, widespread invasive exotic species such as Brazilian pepper or starlings, but about finding species that may just be trying to gain a foothold in Polk's environmental lands.
The goal: To stop them from getting too comfortable here.
The list of 13 plants and animals includes pythons, black-and-white tegu lizards, oyster plant, heavenly bamboo, purple swamphen and mother-in-law's tongue.
The effort was explained during a recent all-day workshop at Circle B Bar Reserve's Nature Discovery Center.
"Why should we care about pythons? Because they're not here yet," said Cheryl Millett of The Nature Conservancy.
Although the known wild populations of pythons in Florida are still restricted to sections of South Florida south of Lake Okeechobee, primarily Everglades National Park, it's not clear what would stop them from gradually moving northward.
But another reptile, the black-and-white tegu, is already in Central Florida -- one has been spotted in Polk County -- and could threaten gopher tortoises by preying on young or eating the eggs, based on observation of these South American lizards around gopher tortoise burrows, said Bernie Kiser of the Florida Fish and Wildlife Conservation Commission.
Halting the spread of invasive species is an economic as well as an environmental issue.
Land managers in Central Florida already spend millions of dollars a year combatting the spread of established exotic plants and animals ranging from cogon grass to feral hogs.
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Funding Your Franchise Through Investors: The Tax Basics
One approach to funding your franchise is through traditional financing. Another is to find a partner, or one or more investors, willing to invest in the deal.
By Cheryl L. Mullin, JD, LLM, Mullin Russ Kilejian PC
When starting a new business venture, one of the biggest questions to consider (after “how much money can I make”) is: How will I fund development and start-up?
One approach is through traditional financing. A lot has been written about the SBA 7(a) loan program, which provides guaranteed loans to small businesses.
Another approach, however, is to find a partner, or one or more investors, willing to invest in the deal.
While bringing on partners is often more expensive than traditional borrowing – investors demand a higher return on their investment in exchange for placing their money at risk – they also may bring with them certain knowledge or skills, making the additional cost worthwhile. Or, investor money may be the only money available, in which case the benefits of this option are self-evident. This article discusses the various types of business entities, and some of the tax characteristics of certain business structures.
Legal entities are organized and exist under state law. Each state has its own rules pertaining to the formation and operation of corporations, general partnerships, limited partnerships, limited liability companies, etc., and state law governs how the entity will be managed, as well as the relationship between the entity and its owners.
Regardless of how a business is organized for state law purposes, the IRS will either “disregard” it as an entity separate from its owners, or treat it as a partnership or corporation for tax purposes.
A corporation or entity classified as a “corporation” or “association” for tax purposes, can be taxed as a “C” corporation or as an “S” corporation. An unincorporated entity, e.g., a general partnership, limited partnership, or LLC, will be taxed as a partnership, but may affirmatively elect to be classified as an “association” and taxed as a corporation.
It is important to consider these differences at the planning stage, as they may be important as to how the partnership or investment relationship is ultimately structured.
Corporations – just like people – own their own property, enter into their own contracts, and conduct business on their own. A corporation is an artificial person, and owners typically hold “shares of stock” in the corporation – each share representing an interest in the corporation as a whole.
The type of stock and number of shares held by a shareholder determine the shareholder’s right to receive dividends and distributions. Shareholders of a corporation with only one class of stock will hold common stock: that is, shares with voting and distribution rights. Shareholders of a corporation with more than one class of stock may hold common stock (which typically has full voting rights) and/or preferred stock (which typically has more restricted voting rights, but pays higher and more regular dividends and, upon liquidation, returns the preferred shareholders’ investment before common shareholders can receive liquidating distributions).
Classes of stock may further be divided into series, with each series having different dividend and liquidation rights and preferences rights over the other series. For example, a corporation may have Series A preferred stock with each share entitled to a 5% annual, cumulative dividend and a liquidating distribution equal to par value, and Series B preferred stock with each share entitled to a 3% annual, cumulative dividend and a liquidating distribution equal to par value. If all of the corporation’s assets were to be sold and the proceeds of the sale were insufficient to fully pay past due dividends and liquidating distributions, the articles of incorporation or certificate of designation creating the series would specify whether Series A or Series B shareholders would be paid first. If Series A were paid first, then the excess would be paid to Series B shareholders, and so on. Common shareholders typically get paid last, sharing proportionately in any proceeds left over after preferred shareholders are fully paid.
It is common for investors to want preferred stock. It also is important to note, however, that an “S” corporation can only have one class of stock. An entity taxed as a corporation, therefore, cannot offer preferred stock to investors and still enjoy pass-through tax treatment as an “S” corporation. For this reason, you may want to consider, instead, forming a limited partnership or LLC taxed as a partnership. Entities taxed as partnerships typically providing more flexibility in dividing up the profits and losses, and have fewer operating formalities.
Although partnerships and LLCs are generally considered entities separate from their owners, under current tax laws, they are sometimes viewed as entities separate from their owners (the entity approach) and sometimes viewed as an aggregate of their owners (the aggregate approach). This melded approach makes partnership taxation very different from corporation taxation.
Under partnership taxation principles, each partner has his or her own “capital account,” which increases the amount of the partner’s contributions and distributive share of the partnership’s income and gain, and decreases by the amount distributions made to the partner and the partner’s distributive share of the partnership’s losses. The partnership agreement dictates how the partners will share profits and losses.
In many partnerships, the partners have simple sharing agreements in which their share of capital, profits and losses are the same. (For example, each partner contributes 50% of the capital to the partnership, each partner is entitled to 50% of the partnership’s income, gain, etc., and each partner is entitled to distributions equal to 50% of available cash.) These types of arrangements are sometimes referred to as “straight up” or “vertical slice” ownership interests and allocations of this type generally do not pose any potential tax concerns.
Because of the flexibility inherent in partnership tax accounting, however, partnership agreements can be written to reflect whatever economic sharing arrangement and risk sharing arrangement the parties desire. Over the years, therefore, more complicated structures have developed and it is more common to see what are known as “special allocations” of items of partnership income, gain, loss, or deductions among the partners. For example, a partnership agreement may allocate all of the depreciation deductions to one partner, while income, gains, and losses are shared rotatably among the partners. Or, a partnership with two divisions, Division A (managed by Partner A) and Division B (managed by Partner B), may allocate all of the profits and losses of Division A to Partner A, and all of the profits and losses of Division B to Partner B.
Special allocations will be respected if they are determined to have “substantial economic effect.” If the IRS determines that an allocation does not have substantial economic effect, it will reallocate the income or loss to reflect what the IRS believes is appropriate considering the partner’s interest in the partnership, which can create unexpected and unintended tax consequences.
These types of allocations, however, can disappoint investors if they result in liquidation distributions different than anticipated. Beginning in the early 1990s, therefore, a new drafting approach emerged that focused on distributions rather than tax allocations. Under the new approach (sometimes referred to a “targeted allocation” or “forced allocation” approach), partnership agreements dictate the percentages of partner distributions and rely on the partnership’s CPA to force the proper tax allocations so that each partner’s ending capital account balance equals what it must to allow the partnership to liquidate in accordance with the distribution waterfall and to ensure that each partner’s capital account is reduced to zero.
A distribution waterfall provision might provide, for example, that available cash will be distributed 80% to Partner A and 20% to Partner B until such time as Partner A has received total distributions in an amount equal to 100% of his initial contribution, then 70% to Partner A and 30% to Partner B until such time as Partner A has received total distributions in an amount equal to 200% of his initial contribution, then 60% to Partner A and 40% to Partner B until such time as Partner A has received total distributions in an amount equal to 300% of his initial contribution, etc. Investors like these agreements because they are easier to understand and produce a more certain result. They make lawyers and CPAs a little nervous because the IRS has never issued guidance on them, and there is concern that targeted allocations may lack substantial economic effect. But again, business people prefer them and, therefore, they are likely here to stay.
Unlike corporations, partnerships are inherently pass-through tax entities. So regardless of how profits and losses are shared, allocated tax items pass through to the partner level.
Choosing the appropriate business entity involves careful tax planning and understanding of corporate and partnership law. In addition to federal tax law, each state has its own rules concerning entity organization and governance, as well as its own tax system (which doesn’t necessarily follow the Federal tax system).
Most importantly, however, it is important to know the type of investor you are seeking and understand the investor’s appetite and expectations with respect to the type of venture you are contemplating. There is no one-size-fits-all structure when it comes to investment, but it is good to prepare yourself and to look for investment with your eyes open.
Mullin Russ Kilejian is a full-service commercial law firm founded in 2003. The firm is nationally recognized in the area of franchise law and provides legal services in the areas of corporate, tax, employment, trademark, technology, and commercial litigation. Cheryl Mullin holds a JD from Widener University School of Law and an LL.M in Taxation from Southern Methodist University Dedman School of Law. She can be reached at cheryl.mullin@mrkpc.com.
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