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Classic 1957 Chevy pickup stolen from California years ago found in Mexican junkyard
By Gary Gastelu | Fox News
Stolen classic 1957 Chevy pickup found in Mexican junkyard
A classic 1957 Chevy pickup was stolen years ago outside a California grocery store but was recently found in a Mexican junkyard.
Last year, one of the Ford Mustangs used in the making of the Steve McQueen film “Bullitt” that had been thought lost to history was discovered rotting away in a junkyard in Mexico. It was one of the most amazing classic car finds ever.
But not the only one of its kind.
The National Insurance Crime Bureau (NICB), a private investigative service funded by the industry, recently tracked down a classic 1957 Chevy pickup that ended up in a similar situation.
The unlocked truck was lifted from a grocery store parking lot in Grover Beach, Calif., around Christmas 2015, while its owner, car collector Bob Brown, was inside shopping for just 15 minutes or so. The theft made the local news, given the unique vehicle involved, and a suspect was soon found when he posted a photo of the truck to his Facebook page. But by the time police got to him the truck had apparently been sold, and there wasn’t enough evidence to charge him with any related crimes. He was, however, arrested and convicted on an unrelated drug violation.
Police tried, but couldn’t track down the truck, and since Brown didn’t have theft insurance on it, he was out of luck. At least he thought he was.
A local NICB investigator, Roger Hogan, who had owned a similar vehicle, heard about the story and empathetically entered a report on the theft into the bureau’s database, even though the organization wasn’t formally involved.
(NICB)
Nothing became of it initially, but this summer, an NICB vendor in Tijuana called in to say he’d found the truck in a salvage yard south of the border. It wasn’t in great shape, but Hogan called Brown, who was happy to pay whatever it cost to bring it home.
And he’ll be paying more than that to bring it back to life. Brown is investing $20,000 into the truck, not to mention refunding the $20,000 tax write-off he took on the truck, according to the NICB.
He’ll also be insuring it this time around.
MYSTERY OF STEVE MCQUEEN'S MISSING 'BULLITT' MUSTANG FINALLY SOLVED:
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Category Archives: Global Flows
As things stand now, there are about ten weeks to go until the United Kingdom will crash out of the EU. There is not much doubt that this will be disruptive—for the EU member countries, especially for Ireland, and for the UK, particularly for Northern Ireland.
The attempts to finally agree on a divorce settlement between the EU and Great Britain were realized. But there is little chance that this settlement will be accepted in the British parliament. The few alternatives—the ‘Norwegian’ option, or a new referendum—face equally dark prospects. To extend the period to allow for additional talks is also not possible. When the EU elections are held in May, everybody has to know whether or not British deputies are to be elected.
So what can we expect to happen in the case of a hard exit?
-Klaus Segbers
Brexit, conflict ., countries, crisis, democracy, Diplomacy, election, EU, Europe, Global Politics, globalization, International Relations
Let’s talk about BRICS
Some time ago, aspirations were high for setting new standards for social, political and economic developments in the BRICS countries. The hope was that these developments would diverge from those of America and Germany, from an increase in authoritarian behaviors in China, and from the lack of cohesion observed in the EU.
But now, as we scrutinize the state of affairs in the BRICS countries more closely, we find that Brazil has become notorious for hyper-corruption. Russia has become well known for breaking international rules and for its addiction to energy resources. India currently stands out for its bureaucracy and a fundamentalist Hinduism revival. China shows evidence of increasingly volatile cultural cleavages, and South Africa is plagued by significant uncertainties in governance. In short, where we previously expected to see new models for the future, there are multiple causes for concern.
Our questions are thus: Does it still make sense to address these five countries as a group, to see them as having numerous and significant similarities?
And, given the current characteristics of populism in these BRICS countries, are there any indicators for future trajectories of development that may support our previous expectations?
Brazil, BRICS, China, countries, democracy, Global Politics, globalization, India, International Relations, order, politics, power, Putin, question, Russia, South Africa, world
New global tasks or persevering for a change?
Europe is watching with puzzlement and growing despair at how the world is changing. The liberal global order as it was established after 1945 is becoming weaker. The guarantor for this order, the administration of the United States, is turning away from this role. China, while implicitly
suggesting that it might take over this role, is far away from it, at least far from any support for a liberal order. Russia (a middle power with nukes and based on carbon-based energy resources) is far away from both: order, and liberalism.
The EU, the biggest economic bloc and with two permanent seats in the Security Council, is considering its options. While alliances with either China or Russia are out of the question, the 70 year alliance between the EU and the US is under threat.
What, then, is a higher risk to the EU? To muddle through and hope for a better U.S. president (possibly an erroneous tactic), or to finally take over more of its own responsibility—especially in security and trade?
countries, democracy, Diplomacy, EU, Europe, Germany, Global Politics, globalization, International Relations, migration, politics, Populism, power, question, world
What is the right way to handle the migration flows in Europe?
Attitudes and policies toward migrants are a relevant issue across countries and continents. The issue of migration is amongst the most divisive of our political epoch, and there is constant debate about the practical and moral challenges of migration policies.
One philosophical question at the forefront of debate is whether states have the right to determine or select which incoming migrants have the right to asylum. Proponents of a selective intake have argued that this can help to protect existing cultural, economic and political communities from outside influence. In response, critics argue that the background and circumstances (such as birthplace) of potential migrants should have no bearing on their freedom of movement.
Practically, it is a challenge to properly categorize incoming people. This challenge is exacerbated by the fact that certain privileges or entitlements are tied to certain categories or statuses. For example, asylum seekers are generally accepted, refugee cases must be treated in accordance with the UNHCR regulation, and rejected (but not deported) individuals can retain a subsidiary status. Legislation and bilateral agreements also offer possibilities such as migration for the purpose of family reunion, or for labor.
On a logistical level, it is difficult to establish an effective system for processing migrant applications. Issues include creating registration centers and procedures, offering shelter while applications are being processed, and the especially pertinent issue of where asylum seekers should be resettled once their applications have been processed. The refusal of several EU states to accept their assigned quota of refugees has made the issue of resettling migrants especially difficult. In Europe, additional issues are the role of the protection of the external borders by Frontex, the role of traffickers and NGOs, and the (mostly encouraging) effect of social media on the decision making of potential migrants.
For those incoming people who are legally accepted (and for some who are not), it has to be determined what the aim of their stay is: is the best approach for Europe to encourage incoming migrants to adapt, to integrate, or assimilate? Should the option of ‘returning home’, for example after a civil war has ended, be kept as a real one?
All these issues are potentially and actually disruptive in many societies. Populist movements have bolstered their support around allegations of government mismanagement of immigration. What are both ethical and legitimate, but also effective, responses that governments should consider?
conflict ., democracy, EU, Europe, forces, Global Politics, globalization, International Relations, power, USA, world
How to deal with populist power in Europe?
Following the Italian elections in March this year, we now have the opportunity to observe a newly elected populist government in action. One can argue that Poland, Hungary, and Slovakia have become increasingly populist under existing conservative and nationalist governments. Austria’s governing coalition uneasily incorporates many aspects of populism into their far-right platform. Italy, however, is the most explicit example of populist governance in action, because the election campaign was led with clear anti-EU and anti-Euro rhetoric, pro-Russian and anti-German messages, and a radical anti-immigration program.
A few days ago, the Austrian chancellor, Kurz spoke of a new ‘axis’ between Vienna, Rome and Munich. Decisions made in German politics this week may result in significant collateral consequences for the traditional German party system and for the stabilizing role that Germany has played under chancellor Merkel in the EU and beyond.
The current strategy of the acting German government’s majority is to address the new Italian government (and the Austrian government) by suggesting concrete solutions for factual issues, instead of fighting ideational battles.
Do you think that this is the right way of addressing populists in power?
Klaus Segbers
See also: Was denkbar ist – Klaus Segbers
conflict ., countries, crisis, democracy, Diplomacy, EU, forces, Germany, Global Politics, globalization, International Relations, migration, politics, Populism, world
Germany, Cool?
Not long ago The Economist’s published a lead story entitled, ‘Germany is becoming more open and diverse. With the right leadership, it could be a model for the West.’ The lead commentary argued that ‘(m)any of the country’s defining traits – its ethnic and cultural homogeneity, conformist and conservative society, and unwillingness to punch its weight in international diplomacy – are suddenly in flux’ (April 14, 2018, p.9). Spanning 12 pages, the special report on Germany considers issues such as open and closed politics, the concept of ‘Heimat’, identity, social cleavages, and the advance of AI. The evolution of Germany into a reluctant and kind-of benign hegemon, and the state’s reconciliation with its history are also addressed, mostly in a sympathetic way.
This article forms the starting point for this week’s questions:
History never disappears. But are the horrors of the Holocaust and World War 2 becoming more distant, no longer immediately shaping current German policies? Is Germany becoming a ‘normal’ country, keeping its specific features but increasingly influential, with a clear liberal identity and taking over more responsibilities? And, if so, what does this signal to Germany’s neighbors? Ms Thatcher famously quipped after the collapse of the Berlin Wall: “We’ve beaten the Germans twice. Now they’re back!” Giulio Andretti added “I love Germany so much that I prefer to see two of them”. Are these times gone for good? Is it acceptable for today’s Germany to define its political roadmap as pragmatically as most other countries are shaping theirs? Moreover, is there reason to assume that Germany may even belong to the few societies (maybe like Canada and the Scandinavian countries) serving as liberal role models, as the “West’s Last Stalwart of Enlightened Liberalism” (Haaretz, 11, 2017)?
Developments, EU, Germany, Global Politics, identity, International Relations, nation-states, politics, world
Are We on the Brink of a Trade War?
Since David Ricardo and other economists outlined the advantages of free trade about 200 years ago, it seems like recently, many of his lessons remain unlearned. In a time period where we see the advancement of populist movements on several fronts, “unfair trade” has become an easy scapegoat for right-wing grievances.
The suggested recipe – most recently proposed by the current U.S. President – is introducing higher import tariffs, which are protectionist tools against free competition. The effects of these measures are debated among economists, but the majority is skeptical that the potentially ensuing trade wars can lead to anything positive. On the contrary, sometimes they have led to real wars.
So now, at the threshold of a possible new trade war, what is the outlook? Will and should China and the EU react in kind to the introduction of new customs fees for steel and aluminium? Is it plausible that trade deficits are an issue of “national security”, as the U.S. president claims? Should concerned countries accept trade imbalances and customs fees, or should they risk further escalation by implementing further tariffs in response?
China, Economic Imbalances, Free Trade, Trade War, Trump, U.S.A.
When Does History Stop Fueling Current Interest in Compensation and Restitution?
History is a difficult thing. First of all, it is past. Second, there is rarely only one narrative reporting and reconstructing it – so, depending on the position of the observer or author, there are different, even conflicting stories on what actually happened. Third, history is often presented and used with clear current interests and purposes, which may come with twists, biases and inventions.
This helps explain why history still plays a role in current politics and IR debates. A few examples: The Polish government claimed (until quite recently) compensation from the German government for the destruction and atrocities inflicted by German forces in World War II. Currently, Namibia is suing Germany in New York, for slaughtering Hereros and other ethnic groups about 100 years ago, when Germany was a colonial power. Algeria is considering similar moves and is asking for an official apology from France for atrocities committed in the early 1960s, during the final years of France’s colonial rule. In the U.S., compensation is debated for slavery (which officially existed until 1863), and in Australia for the mistreatment of aborigines.
A separate, though equally difficult, issue is the question of restitution for property that was taken away from people or groups of people, mostly after regime changes – as, for example, the issue of compensating the few remaining Jews (or their families) for lost property after the Nazis were removed in 1945, and, and compensation for property appropriations committed by Communist regimes in Eastern Europe in 1917 and 1945, which came to the fore after those regimes collapsed in 1990.
So this week’s question is NOT about why, how and how long to produce memories and stories about history. It is about how much time must pass before his (or her) stories cannot be treated any longer as something fueling current interests in compensation and restitution?
Colonies, Compensations, Global Politics, Inequality, Justice, Political History, Political Interests, Restitution, Slavery
“Partying Like It´s 1933”- What Did We Learn and Can We Do Better This Time Around?
There is an ongoing debate about the character of these years, 2017 and now 2018. Maybe stimulated by the recent change of years and nostalgic sentiments, there were some features added to this debate. The core issue suggested is that we are experiencing a major change in the global structure, an epochal rupture, a tipping point, or a Zeitenwende, away from the liberal global order established after the horror of the Second World War. The organizations and institutions of the Bretton Woods system are experiencing, so we learn, an erosion, a devaluation, and are partly supplemented by Chinese-led structures (AIIB, OBOR, etc.). The U.S. in particular is departing from organizations (UNESCO), and global treaties (Kyoto Protocol), giving up on trade regimes (TTIP, TPP) and customary rules (status of Jerusalem), and afflicting damage to other agreements (Iran Vienna agreement), reducing the credibility of established organizations (NATO), and addressing the EU with contempt and ASEAN with neglect. Although the Chinese are more polite, they may agree with the substance of a perceived or claimed need to build a new global (dis)order. Russia does not care much either way, violating rules if convenient. Most of the EU sticks to rules, but it is not united, losing with the UK an important member state, and is not strong enough to serve as a counterweight.
A second, more specific concern is the question of whether there are parallels between 1933 and 2017-18. What was the rise of National Socialism 85 years ago, is now, as some writers suggest, the rise of populism. One and a half years ago, Robert Kagan alerted the public with the piece ‘This is how fascism will come to America’. More recently, the President of the Australian Institute of International Affairs stated that ‘the global order that had shaped the world since the end of World War II was over’. The observer Alex Bayer wrote in Kyiv Post under the header ‘Partying like it’s 1933’ about a world that is ‘being launched upon some kind of destructive course and careening full speed toward as yet unknown disaster’, and sees a situation he compares ‘(i)n this respect … is similar to the year 1933 when the foundations of the subsequent momentous events in world history were laid but the events themselves were yet to take shape’.
The New York Times registers and comments on two new publications with the header ‘Will Democracy Survive President Trump? Two New Books Aren’t Not So Sure’. One of the authors, David Frum, who has a sound Republican background, is quoted as saying ‘if it’s potentially embarrassing to speak too soon, it can also be dangerous to wait too long’. USA Today published a piece by the former under-secretary of state Nicholas Burns under the title ‘America is on the brink of a historic break with Europe, thanks to Trump’.
It is very difficult during the course of ongoing events not to lose perspective. Very true. But most of the consequences of 1917, for example, were not quite anticipated, as was the trajectory of 1933. The end of the East-West conflict in 1989 surprised most professional pundits. The financial crashes of 2007-08 came over the world in a similar fashion. So this week’s question is: Do we think that we can do better now?
democracy, Global Order, Global Politics, Nationalism, Parallels, Political Structures, Populism, Zeitenwende
What are the three most relevant, potentially destabilizing challenges the world is facing in 2018?
Like every year, we will have a look at the year to come:
Dear experts,
And what are the three developments you would welcome most in global politics next year?
Given the coming holidays, I would appreciate it if many of you would respond. It may be short.
Season’s greetings, and – despite your maybe skeptical forecasts: Happy New Year.
2018, Brexit, challenges, China, Defense Spending, democracy, Developments, Diplomacy, Europe, Far-Right Movements, Jerusalem, Middle East, USA
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Back to high school for Shakira Akabusi
Shakira Akabusi
Rising star Shakira Akabusi talks to Sarah Peters about growing-up in Hampshire, her favourite countryside walks and running through cow fields with her dad, Kriss Akabusi
Shakira as Taylor and the rest of her classmates in High School Musical 2, playing at the Mayflower
A few months ago, Shakira Akabusi was one of a class-load of actresses about to graduate from drama school. Thanks to her steely determination, her obvious talent and a bit of luck, she is now touring the country in the musical phenomenon that is High School Musical 2. She is playing the part of Taylor, one of the female leads, and she couldn't be happier about the prospect of singing, dancing, acting and smiling her way through eight shows a week - every week - until next spring.
Shakira was born in Southampton. Her parents are Monika and Kriss Akabusi, the Olympic athlete who won Olympic, European and World Championship medals for running. The family lived on the edge of the city in the 1980s and then moved to the village of Warash.
"It was the perfect place to grow up...I couldn't have wished for a better childhood"
Wonderful Warash
We meet at a coffee shop and Shakira perches on a leather chair, her legs crossed, lamenting her childhood spent in Hampshire. She looks gorgeous and genuinely happy to be chatting about her early memories.
"I loved living in Warsash," she says with a huge, warm smile. "It was literally the perfect place to grow-up. It was the sort of village where everyone knew each other and we could jump on our bikes to ride to friends' houses nearby. It's different today; people are a lot more protective of their children. We were allowed to play outside all the time."
Shakira and her sister, Ashanti, attended the local primary school, Locks Heath Infants and Junior School. She has very fond memories of her times there. "I loved school. I especially remember all the shows I used to do for my family and friends in our living room. My parents were so supportive even then as I danced around the place." She wanted to perform from an early age and her beloved parents were always encouraging. "I had everything I wanted as a child," she reminisces, "There were friends nearby, lots of places to play, a school I enjoyed and a loving family.
"Best of all, we used to love Sunday lunch at The Jolly Farmer, in Warsash. All the local families would troop down and have a great time. The kids would play all day in the garden; the adults would eat and drink. We'd all have so much fun. I couldn't have asked for a better childhood."
From the age of 12, Shakira was a pupil at Bedales, in Steep, Petersfield. The school is slightly different from most in that they encourage individuality rather than conformity. School uniform is not mandatory and the students address the teachers by their first name.
"It was an absolutely amazing school," Shakira enthuses. "The way that I am as a person is thanks to Bedales. It is difficult to explain why it is so special. We were taught lessons on an intellectual level (your traditional subjects) but equally we were encouraged to grow as individuals. That is very rare indeed."
From country girl
Shakira will be touring the country until spring 2010, but she is certain she'll be popping back to Hampshire frequently. "I know I will miss the fresh sea air, watching the waves and the familiar woods near where I used to live.
"My favourite walk is along the coast near Warsash, along the River Hamble looking towards the boats moored up on the other side of the river. Warsash Common or the gorgeous Holly Hill Woodland Park are two other places I love to walk our dogs. Even though we went a lot when we were children, we always had a good time. I am a country girl at heart. I miss that when I am away.
"My dad didn't want my sister and I to become 'girlie girls', so whenever we went out for one of our long walks he would teach us to be brave by making us walk across cow fields full of huge cows. Most of the time we'd be petrified and would run at top speed to the gate, but my dad was fearless. To us he wasn't scared of anything."
"It's going to be fabulous to dance at the Mayflower. Dad performed there in panto years ago...I remember going back stage to see himafterwards. It will be fantastic for him to come see me this time!"
To town girl
Shakira certainly missed the familiarity of Hampshire while she was studying in London.
"I always felt very safe living here. When I am in London it's very different. I am much more aware of potential danger lurking around the next corner. When I leave my front door, I am constantly scanning the road, the street, the pavement - like when you drive a car. I'm predicting dangers: dodgy-looking people, mad drivers etc. When I go back to Hampshire, I walk down the road and realise how relaxed I am. I don't have to be so alert, so nervous. I love coming home to Hampshire. It's so much more peaceful."
On home ground
For Shakira it's a dream come true to be leading the cast High School Musical 2 especially as is at The Mayflower. She can't wait to take to the stage in her home town.
"It's going to be fabulous to dance at The Mayflower. To perform on home ground will be just amazing and all my old friends can come along to see it. My dad performed there in panto years ago. I remember going back stage to see him afterwards. It will be fantastic for him to come and see me this time!"
This is Shakira's first job since graduating and she's aware how lucky she has been to land such a brilliant role. The show itself is everything it should be: lots of colourful sets, broad American accents, melodious songs, and good wins in the end. "It's one long party," she laughs. "But it's exhausting and hard work too. I love it! I've never done anything like this before and I still can't believe how lucky I have been.
"The cast are wonderful: a real
mix of age and experience, which makes it so interesting. The costume changes are mad and furious,
but that brings us all together back stage and it really feels like we're a team as we're tearing around. Audiences literally love every
second of the show! It's as good as
it gets!"
See Shakira on stage
Shakira Akabusi will be appearing as Taylor in High School Musical 2 at The Mayflower, Southampton, until November 7, 2009. For tickets, tel. 02380 711811.
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Photo: Ross Hamamura
Your Guide to the 2019 Sony Open in Hawaii
Everything you need to know before heading to this year’s Sony Open at the Waialae Country Club on Oahu.
By Jackie Kojima Jan 7, 2019
Every January, the world’s greatest golf professionals come to the Waialae Country Club on Oahu to play in the Sony Open in Hawaii, the state’s largest charity golf event. Since 1999, the tournament has raised over $18 million for more than 350 local nonprofits. Through tournament host Friends of Hawaii Charities and the longtime support of the Harry and Jeanette Weinberg Foundation, the Sony Open now donates over $1 million to more than 150 organizations every year.
Happy Aloha Friday! This how Waialae wakes up every morning! #nofilter #sonyopenhawaii 📷Stan Badz
A post shared by Sony Open in Hawaii (@sonyopenhawaii) on Jan 12, 2018 at 8:55am PST
This year the Sony Open will take place from Monday, Jan. 7 through Sunday, Jan. 13. We’ve compiled a useful guide so you can navigate the event like a pro.
Ticket Prices + Schedule
Monday, Jan. 7 and Tuesday, Jan. 8 are free admission days.
Monday, Jan. 7: Witness the tournament blessing at the 10th tee at 9:30 a.m. before enjoying the Sony Dream Cup Pro-Am and Monday Pro-Am.
Tuesday, Jan. 8: Catch professional practice rounds all day and the Hawaii Tourism Authority Pro-Junior Challenge (Holes 10, 11, 18) at 3:30 p.m.
The Official Pro-Am will take place on Wednesday, Jan. 9. The professional tournament rounds of the Sony Open will be from Thursday, Jan. 10 through Sunday, Jan. 13.
Good Any Day Ticket ($20): Valid one day from Jan. 9 to 13. You can purchase these tickets ahead of time online here or at any First Hawaiian Bank branch.
Season Badge ($60): Valid Jan. 9 to 13. Click here to purchase a badge.
You can also purchase daily tickets (Jan. 9 to 13) at Waialae Country Club for $25 each.
Children 12 and under are free when accompanied by an adult ticket holder.
Image: Courtesy of the Sony Open in Hawaii
Sweet 16 Chalet VIP Hospitality Pass ($185 on Jan. 10 and 11, $200 on Jan. 12 and 13): Valid one day between Jan. 10 and 13. Located at Waialae’s signature 16th hole, the Sweet 16 Chalet presents a unique dining experience by official caterer Hy’s Steak House. The VIP pass includes tournament admission and one-day access to the chalet with food, two glasses of wine or beer, and complimentary soft drinks. Click here to purchase a pass.
For the Military
All military members and their dependents receive complimentary admission by presenting a valid military ID. Veterans can also order free admission tickets through the Veterans Tickets Foundation. Click here to request tickets for veterans.
The Birdies for the Brave Patriots’ Outpost presented by Pasha Hawaii is a hospitality tent located on the 18th fairway. Active duty and retired military members and their families can partake in complimentary food and beverages.
Click here to learn more about the various military outreach activities at the Sony Open.
Televised Broadcast
If you can’t make it to Waialae, the Sony Open will be televised on the Golf Channel, Jan. 10 to 12 from 2 to 5:30 p.m. HST, and Jan. 13 from 1 to 5 p.m. HST.
The purse for the 2019 Sony Open is $6.4 million. Last year’s champion, Patton Kizzire, earned $1,116,000; this year’s winner will receive $1,152,000.
Players have until noon HST Friday, Jan. 4 to officially commit to playing in the tournament. The PGA Tour will publish the list online soon thereafter.
Keep your eyes peeled for Maryknoll sophomore Peter Jung, who will compete against PGA professionals as the 2019 Governor’s Cup Amateur Team Sony Open qualifier.
Pack light, bringing only essential items. Large bags and backpacks will not be allowed.
Protect yourself from the sun. It can get hot and humid on the course, so consider applying sunscreen and wearing protective clothing and a hat. You can also bring an umbrella (without the sleeve) for additional shade.
Collapsible chairs (without chair bags) and seat cushions that do not have pockets or require a carrying case are allowed.
No outside food and beverages are allowed. Visit the Spectator Village presented by Mark & Lona near the 11th hole to check out various food vendors.
Selfie sticks, banners and posters are prohibited.
Bring a Sharpie and golf ball for autographs! You just might run into your favorite pro.
Technology Use
Keep your mobile device on silent at all times.
Don’t place or answer calls outside of the designated Cell Phone Zones.
Data use (e.g. texting, email) is permitted anywhere on the course except when QUIET PLEASE paddles are raised.
Cameras are not allowed during tournament week (Jan. 10 to 13). Taking audio or video with your mobile device during this time is also prohibited.
Livestreaming is absolutely prohibited.
Click here for a full list of Sony Open admission guidelines.
There is no public parking at Waialae Country Club. But there are many transportation options available to ensure that you make it to the greens in time.
Free spectator parking is available at Hunakai Park (Monday through Sunday) on Hunakai Street and at Kahala Community Park (Thursday through Sunday) at Pueo Street near Moa Street. A complimentary shuttle will run from designated areas to the intersection of Kealaolu and Kahala avenues, minutes away from the tournament main gate.
Waikiki Trolley shuttle service provided by E Noa Tours ($3/one-way trip): The trolley will offer round-trip services from Waikiki to Waialae Country Club. Shuttle locations include Hilton Hawaiian Village, Sheraton Waikiki and Waikiki Beach.
Monday, Jan. 7 to Thursday, Jan. 10: 7 a.m. to 7 p.m.
Friday, Jan. 11: 7 a.m. to 7:30 p.m.
Saturday, Jan. 12 and Sunday, Jan. 13: 8:30 a.m. to 7:30 p.m.
If you’re biking to Waialae Country Club, bike valet provided by the Hawaii Bicycling League will be available at Waialae Beach Park Access Road from Jan. 10 to 13.
Click here for more information on parking and shuttle services at the Sony Open.
Click here for more information on the 2019 Sony Open.
Your complete guide to visiting Pearl Harbor
A 3-day Oahu itinerary for the first-time visitor
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Huntington Beach City School District
HBCSD Overview
Superintendents Message
Ethel R. Dwyer Middle School
Isaac L. Sowers Middle School
John H. Eader Elementary School
Dr. Ralph E. Hawes Elementary School
Huntington Seacliff Elementary School
S. A. Moffett Elementary School
Joseph R. Perry Elementary School
John R. Peterson Elementary School
Agnes L. Smith Elementary School
Preschool Academy
Single Plan For Student Achievement
Bus Pass Information
Interdistrict Transfer Guidelines
HB Educational Foundation
ScienceWorks
APA Jr. & Kids
Measure Q Website
Scholar Squad Nomination
Contractor Pre-Qualification Page
7-11 Committee
7-11 Committee Agendas & Minutes
Board of Trustees » Board Member Bios
Board Member Bios
Shari Kowalke - President - BoardKowalke@hbcsd.us
Mrs. Kowalke was appointed as the provisional member of the Huntington Beach City School District governing board on May 10, 2011 at a Special Meeting. Mrs. Kowalke has a long history of involvement in HBCSD and is recognized as a strong advocate for youth and public education. Her leadership and participation in HBCSD community includes serving on Moffett School PTA; PTA President , Executive Vice-President, Advocacy Chairperson, School Site Council Chairperson and Secretary; Vice President of Ways and Means and Executive Vice President for Sowers Middle School PTA; District School Closure Committees; HBCSD Parent Empowerment Academy Planning Committees; and YMCA Parent Advisory Committee: President, Vice-President, Secretary, and member. Mrs. Kowalke has worked as a designer for a small publishing company for the past 19 years. Mrs. Kowalke and her husband, Thomas, have lived in Huntington Beach for 21 years. She is the mother of two children with one attending school in HBCD and one in HBUHSD. Mrs. Kowalke was re-elected to serve on the Board of Trustees on November 6, 2018 and her term ends on November 8, 2022.
Ann Sullivan - Vice President - BoardSullivan@hbcsd.us
Mrs. Sullivan is a 24-year resident of Huntington Beach and a thankful parent whose two children attended HBCSD schools. She has worked in education for 41 years as a teacher and administrator in a K-8 setting. She has also taught at Cal Poly Pomona for ten years guiding graduate students working towards their teaching credentials. In 1993, Mrs Sullivan served for six years as the Principal of Agnes L. Smith Elementary School in HBCSD during which time Smith received their first California Distinguished School Award. In 1999, she became the founding Principal at Huntington Seacliff Elementary School, the first new school to be built in HBCSD in over 20 years. Under her leadership, Huntington Seacliff received the California Distinguished School Award as well as earned the esteemed National Blue Ribbon School Award of Excellence in 2014. Mrs. Sullivan was elected to serve as the Board of Trustees on November 8, 2016 and her term ends on November 3, 2020.
Bridget Kaub - Clerk - BoardKaub@hbcsd.us
Mrs. Kaub was appointed as the provisional member of the Huntington Beach City School District Governing Board on February 15, 2012 at a Special Meeting to complete the unexpired term of Ms. Catherine McGough. Her leadership and participation in HBCSD includes; serving on the Smith School PTA legislative team, facilitates the Meet the Masters programs, volunteers to help in the classrooms, and advocated Smith and Dwyer Schools' positions and needs at the Sacramento Safari. Mrs. Kaub and her husband, Keith, are the parents of a child who attends HBCSD. Mrs. Kaub was elected to serve on the Board of Trustees on November 6, 2012 and was re-elected to serve on the Board of Trustees on November 8, 2016 and her term ends November 3, 2020.
Paul Morrow, Ed.D. - Board Member - BoardMorrow@hbcsd.us
Dr. Morrow has worked in the education field for 37 years as a teacher and administrator in all levels of public education, kindergarten through 12th grade. During that time, he has worked in the City of Huntington Beach for 28 years as the principal for Moffett School, Sowers Middle School, and Marina High School. Under his leadership at Sowers Middle School (1999) and Marina High School (2009), the schools received the California Distinguished School Award and Sowers Middle School received the National Blue Ribbon Award in the 2001/2002 school year; the first for our district. He received his doctorate degree in Organizational Leadership from the University of LaVerne. Dr. Morrow has been asked to serve on numerous committees with both districts as the chairman because of his strong leadership and organizational skills, dedication, ability to be a team builder, and a visionary leader. Dr. Morrow was re-elected to serve on the Board or Trustees on November 6, 2018 and his term ends on November 8, 2022.
Diana Marks - Board Member - BoardMarks@hbcsd.us
Mrs. Marks has been a resident of Huntington Beach for over four decades and taught middle school for 39 years in the Huntington Beach City School District. She is the proud parent of three children who attended Huntington Beach City Schools. Her service to children in our district includes: PTSA Liaison, Athletic Director, Coach, PALS Coordinator, and part of the writing team that earned the California Distinguished School award and National Blue Ribbon School award for Sowers Middle School. Mrs. Marks was also a PTSA "Outstanding Teacher" for Gisler Middle School and Sowers Middle School in addition to being selected as "Teacher of the Year" for Sowers Middle School. Her career has been motivated by doing what is best for kids. Mrs. Marks was elected to serve on the Board of Trustees on November 6, 2018 and her term ends on November 8, 2022.
Board President's Message
8750 Dorsett Drive,
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Why Gender Is Key to African Off-Grid Solar Energy Sales
Data from Fenix International shows why women are powerful off-grid solar customers.
Jason Deign January 02, 2018
Jason Deign
Jason is a contributing writer for GTM, focused on global trends in energy storage and wind. He is based in Barcelona, Spain.
Gender equality could have a significant impact on rural electrification moves in sub-Saharan Africa, new data suggests.
Fenix International, which sells off-grid solar kits in Uganda and Zambia, has uncovered a gender difference: Although only 20 percent of its kits are purchased by women, they bring in more new clients than men.
In 2016, Fenix got about 60 percent of its sales through personal referrals, according to Erin Boehmer, a data scientist at Fenix. A third of these sales came via customers who had provided more than one referral, with eight out of 10 referrers being men.
Digging deeper into the data, though, it is clear the women are better ambassadors for rural electrification. On average, women can be expected to refer four new customers, compared to three for men. Fenix customers get a small commission for each referral.
Anecdotal evidence suggests women might have even greater influence in solar kit purchase decisions than the referral figures indicate. For example, once Fenix contracts are signed it is usually women who pay the bills, Boehmer said.
While the men like to be seen as the main decision-makers in many sub-Saharan African off-grid families, it is actually the women who are pulling the strings and spreading the word about the benefits of solar.
This may be because women have greater need.
A report published a year ago by the African Development Bank Group said: “In rural and peri-urban areas, women and girls are mainly responsible for procuring and using cooking fuels; they are disproportionately affected by the negative effects of limited access to energy.”
The bank said it had “traditionally concentrated on large‑scale, capital‑intensive technology projects designed to provide energy for growth in the formal sectors of the economy, including cash crops and mechanized production, which tend to be the domain of men.”
Not only do women represent the biggest source of demand for rural electrification in sub-Saharan Africa, they also might be slightly better than men at keeping up payments to solar kit providers, based on Fenix’s data.
Although it is hard to generalize, said Boehmer: “As a general trend, what we see is that women can tend to be a bit more reliable, but they can also be more dramatically unreliable. If they have a shock, it might hit them harder.”
Underpinning Fenix’s experience is an implication that gender-sensitive companies might do better in the rural electrification market than those that are more male-oriented.
Boehmer noted that many cleantech and IT firms operating in Africa appear to have greater gender equality than their counterparts in the U.S.
It is unclear why this is the case, although “the green industry draws people who are idealists,” said Boehmer, including women who are motivated by making a social contribution as much as building a business.
At Fenix, for example, the entire data science team is made up of women. The company, which was bought by the French utility giant Engie in October, has a woman CEO and “has been very powered by women thus far,” Boehmer said.
Other rural electrification players might want to take note, although the need for a woman’s touch is not the only thing that sets this market apart from other energy sectors worldwide.
Take customer relations. Most customers in developed countries dread a call to a service provider. Fenix reports that 60 percent of its customers have contacted the company, often just to praise the service.
Future Power Supply Options for Island Markets
U.S. Residential Battery Storage Playbook 2017
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Safe Standing To Be Trialed On Saturday
THE Mariners will be trialling Safe Standing at Saturday's game against Gateshead at Blundell Park.
This trailblazing move is set to make the Mariners the very first club in the UK with rail seating in operation as a safe standing area.
The only other rail seat installations in the UK to date are a small block of 33 at Bristol City's Ashton Gate, which legislation prohibits the club from using in any form as spectator accommodation for football matches, and 3 being used as seats by club staff at Peterborough United.
Following discussions with the Mariners Trust, the club have also earmarked the far right corner of the Pontoon stand as ideal for a dedicated standing area.
The Bundesliga style safe standing area, which will be trialed at Saturday's game, will have standing room for just four people and will be situated on the Imperial Corner area of the stadium.
Speaking of the move, stadium manager Nick Dale said: "It is something that will be here for the one match, but it is something that we are looking at as a long term solution. Whether it is a form of the old style terracing or the railed seating, that is yet to be determined."
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Exploring Iggy Pop’s Miami
Blog, Music, People September 24, 2018
by Jason Diamond
Located at the bottom of the Sunshine State, it’s as if everything good and bad about Florida filters its way down to Miami: You get the great weather, all kinds of different cultures, languages, and cuisine, but you also have the tourists, the terrible drivers, and the sports fans that the media loves to take swings at. The city has always been a strange mix of glamours, seedy, and a little dangerous, with the latter two thanks largely to its reputation as the cocaine capital of the United States in the 1980s.
Today, the Magic City is again flush in (now mostly questionable real estate) money, and is still known for its Art Deco buildings, beaches, swirls of Spanish everywhere you go, and parties that go well into the next morning. But Miami is also currently experiencing a cultural boom, something that is especially apparent in December, when Art Basel Miami draws the focus of the entire art world in the biggest event of its kind in the United States. It has also encouraged the opening of dozens of art galleries in the city in the past decade, proving that Miami is simply a place where you go to get a good tan; that there’s plenty to experience here. And somewhat unlikely, one of the ambassadors for Miami’s new renaissance isn’t some native art world darling; it’s Iggy Pop.
On paper he’s another retirement-age ex-Midwesterner who’s pushing 70, never seen wearing a shirt, and soaking up the South Florida sun. Yet this is Iggy Pop we’re talking about — he’s one of the greatest lead singers in rock and roll history, constantly referred to as ‘the godfather of punk,’ and a man who can tell you stories you probably wouldn’t believe if anybody else told them to you.
Read on: Source: Exploring Iggy Pop’s Miami
hialeahiggy popmiami
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The Royal Yacht 'HMY Victoria and Albert' (1899). Creator: Kirk & Sons of Cowes.
The Royal Yacht 'HMY Victoria and Albert' (1899). 'HMY Victoria and Albert' was designed by the Chief Constructor of the Royal Navy Sir William White, launched in 1899 and ready for service in 1901. This was the third yacht to be named Victoria and Albert and she was fitted with steam engines fired by Belleville water-tube boilers. She served four sovereigns, and was decommissioned as royal yacht in 1939, served in the Second World War, and was broken up in 1954.
Queen Victoria: British: Queen of Great Britain and Ireland, artist
Prince Albert: German: Prince Consort
Albert Prince Consort
alexandrina victoria
boat view
empress of india
hmy victoria & albert
HMY Victoria Albert
Prince Albert of Saxe-Coburg-Gotha
Prince Albert of Saxe-Coburg and Gotha
prince consort
queen of great britain and ireland
Saxe-Coburg-Gotha Albert
starboard broadside
steam ship
steam yacht
under way
Victoria Queen of Great Britain and Ireland
White William Henry
William Henry White
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Home » Health systems build microhospitals to fill community gaps
Health systems build microhospitals to fill community gaps
Microhospitals serve as a middle ground between ambulatory and tertiary facilities
Amy Eagle
Despite their small physical size, microhospitals are fast becoming a big thing in health care design.
Historically, hospital construction has been based on the premise of “build it and they will come,” says David Argueta, FACHE, president, CHI St. Luke’s Health — The Woodlands, Lakeside and Springwoods Village hospitals. Inpatient beds have defined a hospital or health system, in large part. “When we talk about health care systems and hospitals, part of the statistic is how many beds we have,” Argueta says.
Today, priorities are shifting toward “driving the cost of health care down and building ambulatory access points that are focused on who we serve — really focused on the patient experience and their journey through health care. Finding a way to do that in a lower cost environment — that’s what everyone’s trying to do,” he says.
Microhospitals can be distributed throughout a region to support a network of care; they also can be designed to be scalable, to grow along with a burgeoning community. According to Argueta, microhospitals are an innovative solution for delivering hospital care where it’s needed, to meet a health care organization’s strategic goals and its mission as a care provider. In short, efficient, well-placed microhospitals can achieve the health care trifecta of “best value, high quality, lower cost,” he says.
Convenient and accessible
Microhospitals generally fall between 15,000 to 25,000 square feet, though they can be upward of 50,000 or 60,000 square feet in size, says Kevin Harney, AIA, NCARB, principal at architecture firm ESa, Nashville, Tenn. They typically include eight to 10 inpatient beds, eight to 10 emergency department (ED) treatment bays, a small imaging and diagnostic suite and support functions like dietary services, environmental services and materials management.
These facilities perform essentially the same functions as standard-sized hospitals, but are scaled to respond to the needs of lower-acuity patients, explains Rod Booze, AIA, NCARB, ACHA, partner in the Texas office of health care architecture firm E4H.
Besides size, the primary difference between a microhospital and a larger community or tertiary care hospital is that microhospitals do not provide services like intensive care. “Microhospitals cater toward the noncritical patients,” Harney says. “If a patient’s going to be there more than 48 hours, the provider will transfer them to a larger hospital. They’re trying to take the less acute patient who needs a hospital stay and needs to be cared for, but who doesn’t need to go to the larger tertiary hospital.”
PhiloWilke Partnership, Houston, has designed approximately 25 microhospital facilities in the last eight years, with 20 more on the books, according to Kevin TenBrook, AIA, LEED AP, CSI, NCARB, partner at the firm. “It’s definitely expanding at the moment,” he says of microhospital design and construction.
TenBrook describes PhiloWilke’s typical microhospital as less than 20,000 square feet, with a full-service ED. These buildings are generally located in suburban areas, 30 minutes or less from a primary hospital campus, so patients who require high-acuity care can be transferred quickly to a setting appropriate to their needs.
“The microhospitals we do are very much portal-type facilities, meaning they’re a way to get the hospital service out where the people live, out in the communities,” TenBrook explains. He adds that most projects include medical office space for physicians who practice at the hospital or are related to the health system.
Microhospitals tend to be located on highly visible sites in their communities. “From a project location or siting point of view, these are retail facilities,” TenBrook says. “One of our clients once said, ‘We expect a typical future patient to have driven by one of our facilities 100 times before they walk in the door.’”
With microhospitals, providers are “trying to create something convenient and accessible,” Harney adds.
Scalable design
Springwoods Village Hospital is a microhospital designed by ESa for CHI St. Luke’s as part of the new Springwoods Village master-planned community in Spring, Texas, a census-designated place within the extraterritorial jurisdiction of Houston. The facility comprises 50,000 square feet of hospital space and 100,000 square feet of medical office space.
“It becomes almost a one-stop shop for health care, when you think of primary care and multispecialty groups and dentistry alongside our hospital services. That’s what we were trying to create,” says Argueta.
The hospital portion of the facility includes four inpatient beds, four operating rooms, two endoscopy suites with associated preoperative staging and post-anesthesia care areas, a full diagnostic imaging suite with computed tomography, radiology, magnetic resonance imaging and nuclear medicine capabilities, and a 10-bed ED.
Microhospitals can help to raise system profiles
Regulations affecting microhospital design
The microhospital, located on a 26-acre site, is master planned to expand over time into a 200- to 300-bed tertiary care hospital. The scalable design is meant to serve the immediate and long-term needs of the community, Argueta says. By starting with a microhospital, “you’re able to grow intelligently. You don’t have 100 or 200 beds to start out with, you may have four to 12 beds and concentrate on more procedural areas,” he says.
This type of phased development makes efficient use of resources and gives local residents the comfort and convenience of having access to both nearby health care services and a larger network of care, he notes.
Argueta explains that CHI St. Luke’s, which historically has been inpatient-focused, recently has concentrated on developing facilities to serve patients along the entire continuum of care. The health system now has nearly 50 access points and almost 100 physicians in the north Houston area.
“We consider [Springwoods Village Hospital] a part of the continuum,” he says. While the microhospital can handle most patient needs, The Woodlands Hospital, CHI St. Luke’s flagship facility in north Houston, is a comprehensive stroke center that can provide higher-acuity care for patients who require it. The health system’s facilities “are very complementary,” Argueta says.
Neighborhood hospitals
Dignity Health–St. Rose Dominican health system has been working with Houston-based microhospital developer Emerus and other partners to implement a microhospital strategy in north Las Vegas, where the health system plans to open four microhospitals this year. As of press time, the first of these was scheduled to open in late June. The other three will open in the second half of the year, according to Vic Schmerbeck, executive vice president of strategy and business development, Emerus.
The first floor of each Dignity Health–St. Rose Dominican microhospital, designed by PhiloWilke, will include eight inpatient beds and a similar number of emergency treatment and triage rooms, along with computed tomography, laboratory, X-ray, ultrasound, pharmacy and dietary services.
“Each location has either one or two additional floors that are purposed for Dignity Health–St. Rose Dominican’s other clinical services,” Schmerbeck says. These include primary care, wellness centers and other specialty clinical services.
The three buildings scheduled to open later this year are two-story facilities that range from 30,000 to 40,000 square feet. The building scheduled to open in June includes more outpatient clinical space than the health system’s other microhospitals; this three-story facility will cover roughly 55,000 square feet, says Schmerbeck.
The microhospitals are located on sites that range from 3 to 7 acres. “They are highly visible and accessible for patients,” Schmerbeck says. “All of them site on hard corners in retail-centric locations, to provide great access for patient care in areas we believe have needs in the marketplace.”
“We’re calling them neighborhood hospitals. They are fully licensed, CMS-certified facilities capable of providing a continuum of care, albeit at a lower-acuity level than some of our larger, more complex facilities,” says Peggy Sanborn, vice president, partnership integration, Dignity Health. “They’re generally distributed to better serve the overall population in Las Vegas, particularly as we migrate as an organization to value-based contracts and at-risk contracts.”
Population health management was a key factor in the health system’s decision to deploy microhospitals in this manner, Sanborn says. “First of all, we’re able to provide access to care that’s most commonly accessed at hospitals, which is predominantly outpatient-oriented, through this lower-cost model. So it preserves on capital and expenses as it relates to creating access points for patients.”
Additional access points help to prevent bottlenecks to care.
“Many times in communities that are under-resourced, you have long waits for emergency services,” notes Sanborn. The neighborhood hospitals will provide needed services and allow Dignity Health–St. Rose Dominican to keep patients in network as the health system moves forward with some of its more narrow-network or value-based population health-oriented contracts, she says.
According to Sanborn, co-locating outpatient diagnostics and physician services on the microhospital sites will create “minimedical campuses” where local residents can receive primary care, outpatient care, emergency treatment or a short-stay, acute care inpatient admission.
She says Dignity Health–St. Rose Dominican has developed resources to transfer patients with more complex medical needs in a timely and effective manner to hospitals within the system that provide higher levels of care, and for the system’s medical staff and management team to coordinate care for patients across the entire network.
Health care evolution
“What we’re trying to do is evolve our health care thinking and make it much more community-facing, so that patients feel like we’re delivering the product to them,” Sanborn says. “We’re starting to look at how you address the way patients want to access care.”
Millennials want convenience and immediacy in care resolution, she notes. “We want to be evolving or thinking about health care delivery in a similar way,” she says.
Microhospitals enable health care organizations to provide “great care in a patient-friendly and convenient manner, while remaining disciplined on capital and operational efficiency,” Schmerbeck adds.
Amy Eagle is a freelance journalist based in Homewood, Ill., who specializes in health care-related topics. She is a regular contributor to Health Facilities Management.
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Phoenix, Arizona, HGH Injections, Hormone Treatment Protocols And HRT Doctors.
Zip Code: 85006 Maricopa Phoenix Arizona :: 0.71 Miles
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Phoenix, Arizona Information
Phoenix is located in the heart of Arizona, and is both the most populous city in the state as well as Arizona's largest city. Phoenix has experienced a huge influx in population as people have migrated into the state from California at a rapid rate. The city is known for its high quality of life and its combination of big-city amenities and suburban quality of life.
The city of Phoenix is settled in the Salt River Valley, and is referred to as the Valley of the Sun, both for its geographical location and because of the year round sun and warm temperatres that are experienced in the region. Phoenix, like most major cities in the United States, has a number of professional sports teams. Teams located in Phoenix include the Phoenix Suns, the Arizona Diamondbacks, the Arizona Cardinals, and the Arizona Coyotes.
All About Phoenix, Arizona Geographic Area
Phoenix ( /ˈfiːnɪks/ FEE-niks; O'odham: S-ki:kigk; Yavapai: Wathinka or Wakatehe; Western Apache: Fiinigis; Navajo: Hoozdoh; Mojave: Hachpa 'Anya Nyava) is the capital, and largest city, of the U.S. state of Arizona, as well as the sixth most populous city in the United States of America, and is also the most populous state capital in the United States. Phoenix is home to 1,445,632 people according to the 2010 U.S. Census Bureau data.
It is the anchor of the Phoenix metropolitan area (also known as the Valley of the Sun), and is the 12th largest metro area by population in the United States with about 4.2 million people in 2010. In addition, Phoenix is the county seat of Maricopa County, and is one of the largest cities in the United States by land area.
Phoenix was incorporated as a city in 1881, after being founded in 1861 near the Salt River, close to the confluence with the Gila River. The city has a notable and famous political culture and has been home to numerous influential American politicians and other dignitaries, including Barry Goldwater, William Rehnquist, John McCain, Carl Hayden, and Sandra Day O'Connor. Residents of the city are known as Phoenicians.
Located in the northeastern reaches of the Sonoran Desert, Phoenix has a subtropical desert climate. In summer, average high temperatures are typically over 100 °F (38 °C).
For more than 2,000 years, the Hohokam peoples occupied the land that would become Phoenix. The Hohokam created roughly 135 miles (217 km) of irrigation canals, making the desert land arable. Paths of these canals would later become used for the modern Arizona Canal, Central Arizona Project Canal, and the Hayden-Rhodes Aqueduct. The Hohokam also carried out extensive trade with the nearby Anasazi, Mogollon and Sinagua, in addition to Mesoamerican civilizations. It is believed that a Hohokam witness of the supernova that occurred in 1006 CE, created a representation of the event in the form of a petroglyph that can be found in the White Tank Mountain Regional Park west of Phoenix. This has been interpreted as the first known North American representation of the supernova.
It is believed that between 1300 and 1450, periods of drought and severe floods led to the Hohokam civilization's abandonment of the area. Local Akimel O'odham settlements, thought to be the descendants of the formerly urbanized Hohokam, concentrated on the Gila River. Some family groups did continue to live near the Salt River, but no large villages existed. Yavapai also had settlements in the area. Later, Maricopa peoples fleeing enemy tribes, came from the lower Gila River near its confluence with the Colorado River, and settled alongside, as well as deer and Mexican wolves, often lived in the Salt River Valley when water supplies and temperatures allowed.
When the Mexican-American War ended in 1848, most of Mexico's northern zone passed to United States control, and a portion of it was made the New Mexico Territory (including what is now Phoenix) shortly afterward. The Gadsden Purchase was completed in 1853. The land was contested ground during the American Civil War: both the Confederate Arizona Territory, organized by Southern sympathizers in 1861 with its capital in Tucson, and the United States Arizona Territory, formed by the United States Congress in 1863 with its capital at Fort Whipple (now Prescott), included the Salt River Valley within their borders. The valley was not militarily important, however, and did not witness conflict.
In 1863, the mining town of Wickenburg was the first to be established in what is now Maricopa County. At the time this county did not exist, as the land was within Yavapai County along with the other major town of Prescott.
The US Army created Fort McDowell on the Verde River in 1865 to quell Native American uprisings. Hispanic workers serving the fort established a camp on the south side of the Salt River by 1866, which was the first non-native settlement in the valley after the decline of the Hohokam. In later years, other nearby settlements would form and merge to become the city of Tempe, but this community was incorporated after Phoenix.
The history of Phoenix as a city begins with Jack Swilling, a Confederate veteran of the American Civil War (1861–1865), who had come west to seek wealth in the 1850s, and worked primarily in Wickenburg. On an outing in 1867, he stopped to rest at the foot of the White Tank Mountains. Swilling observed the abandoned river valley and considered its potential for farming, much like that already cultivated by the military further east, near Fort McDowell. The terrain and climate were optimal; only a regular source of water was necessary. The existence of the old Hohokam ruins, showing clear paths for canals, made Swilling imagine new possibilities.
Swilling had a series of canals built, which followed those of the ancient Native American system. A small community formed that same year about 4 miles (6 km) east of the present city. It was first called Pumpkinville, due to the large pumpkins that flourished in fields along the canals. Later it was called Swilling's Mill in his honor, though later renamed to Helling Mill, Mill City, and finally, East Phoenix. Swilling, a former Confederate soldier, wanted to name the city "Stonewall", after General Stonewall Jackson. Others suggested the name of "Salina". However, neither name was supported by the community.
Finally, Lord Darrell Duppa suggested the name "Phoenix", as it described a city born from the ruins of a former civilization.
The Board of Supervisors in Yavapai County, which at the time encompassed Phoenix, officially recognized the new town on May 4, 1865, and formed an election precinct. The first post office was established on June 15, 1868, with Jack Swilling serving as the postmaster. With the number of residents growing (the 1870 U.S. census reported about a total Salt River Valley population of 240), a town site needed to be selected. On October 20, 1870, the residents held a meeting to decide where to locate it. A 320 acres (1.3 km2) plot of land was purchased in what is now the downtown business section.
On February 12, 1871, the territorial legislature created Maricopa County, the sixth one formed, by dividing Yavapai County. The first election for county office was held in 1871, when Tom Barnum was elected the first sheriff. Barnum ran unopposed as the other two candidates, John A. Chenowth and Jim Favorite, had a shootout that ended in Favorite's death and Chenowth withdrawing from the race.
Several lots of land were sold in 1870 at an average price of $48. The first church opened in 1871, as did the first store. Public school had its first class on September 5, 1872, in the courtroom of the county building. By October 1873, a small school was completed on Center Street (now Central Avenue). Land entry was recorded by the Florence Land Office on November 19, 1873, and a declaratory statement filed in the Prescott Land Office on February 15, 1872. President Ulysses S. Grant issued a land patent for the present site of Phoenix on April 10, 1874. The total value of the Phoenix Townsite was $550, with downtown lots selling for between $7 and $11 each. A short time later, a telegraph office, 16 saloons, four dance halls and two banks were opened.
By 1881, Phoenix had outgrown its original townsite-commissioner form of government. The 11th Territorial Legislature passed "The Phoenix Charter Bill", incorporating Phoenix and providing for a mayor-council government. The bill was signed by Governor John C. Fremont on February 25, 1881. Phoenix was incorporated with a population of approximately 2,500, and on May 3, 1881, Phoenix held its first city election. Judge John T. Alsap defeated James D. Monihon, 127 to 107, to become the city's first mayor.
In early 1888, the city offices were moved into the new City Hall, at Washington and Central (later the site of the city bus terminal, until Central Station was built in the 1990s). This building also provided temporary offices for the territorial government, when it moved to Phoenix by the 15th Territorial Legislature in 1889.
The coming of the railroad in the 1880s was the first of several important events that revolutionized the economy of Phoenix. A spur of the Southern Pacific Railroad, the Phoenix and Maricopa, was extended from Maricopa into Tempe in the late 1880s. Merchandise now flowed into the city by rail instead of wagon. Phoenix became a trade center, with its products reaching eastern and western markets. In response, the Phoenix Chamber of Commerce was organized on November 4, 1888. The Phoenix Street Railway electrified its mule-drawn streetcar lines in the 1890s, with streetcar service continuing until a 1947 fire. From 1911 to 1926, an interurban line carried passengers and express packages between Glendale and downtown Phoenix.
In 1902, President Theodore Roosevelt signed the National Reclamation Act, allowing for dams to be built on western streams for reclamation purposes. Residents were quick to enhance this by organizing the Salt River Valley Water Users' Association (on February 7, 1903), to manage the water and power supply. The agency still exists as part of the Salt River Project.
The Roosevelt Dam east of the valley was completed in 1911. Several new lakes were formed in the surrounding mountain ranges. In the Phoenix area, the river is now often dry due to large irrigation diversions, taking with it the large populations of migrating birds, beaver dams, and cottonwood trees that had lived on its waters.
On February 14, 1912, under President William Howard Taft, Phoenix became the capital of the newly formed state of Arizona. Phoenix was considered preferable, as both territorial and state capital, due to its more central location, compared to Tucson or Prescott. It was smaller than Tucson, but outgrew that city within the next few decades, to become the state's largest city.
In 1913, Phoenix adopted a new form of government, from mayor-council to council-manager, making it one of the first cities in the United States with this form of city government.
During World War II, Phoenix's economy shifted to that of a distribution center, rapidly turning into an embryonic industrial city with mass production of military supplies. Luke Field, Williams Field, and Falcon Field, coupled with the giant ground-training center at Hyder, west of Phoenix, brought thousands of new people into Phoenix.
On Thanksgiving night 1942, an illegal prize fight between a champion boxer of a black regiment and a white boxer of another army regiment, degenerated into a melee between competing camps. Subsequently, the black regiment left their barracks en masse, and began attacking whites and rioting into downtown. Unable to contain the spreading violence by the black soldiers, local police called in the military.
The rioters were met by several military police units that attempted to arrest the rioters. Instead, the rest of the black soldiers based nearby joined the rioters with firearms. The Army quickly responded to the mutiny, and surrounded the area with armored personnel carriers and machine guns, ordering soldiers to use full military force against the mutineers, which resulted in dozens of fatalities.
The Colonel of Luke Field, who had oversight of the city, soon declared Army personnel banned from Phoenix. This pressured civic leaders to reform local government, by firing a number of corrupt officials, in turn getting the ban lifted. This same bipartisan effort also successfully convinced the city council to give more power to the city manager to run the government and spend public funds, making Phoenix one of the largest cities in the country to not use the strong mayor structure for municipal government.
Another wartime incident took place at a Prisoner of War Camp that was established at the site of what is now Papago Park and Phoenix Zoo, for the internment of German soldiers captured in Europe. In 1944, dozens of prisoners had devised a plan to escape from the camp and use boats to go down the nearby Salt River to reach Mexico. However, they were unaware that the river was mostly dry and had not been navigable for decades, and were thus easily apprehended near the camp.
The long established relationships between organized crime and the business elite grew after World War II. A primary incident, which marked the post-war face of Phoenix, was its involvement in the Great American streetcar scandal, in which arson and sabotage was added to the list of illegal business activities in destroying the city's mass transit system. A fire in October 1947 destroyed most of the Phoenix Street Railway fleet, making the city choose between implementing a new street railway system, or using buses and cars.
Simultaneously, the city began changing the rights of way downtown, expanding street sizes, raising speed rates, thereby lowering the quality of life in many old neighborhoods. As a result of these changes, automobiles became the city's preferred method of transportation. This was followed by a number of the first housing developments that helped spread the size of Phoenix, and in turn enriched many of the area's largest landowners. By 1950, over 100,000 people lived within the city and thousands more in surrounding communities. There were 148 miles (238 km) of paved streets and 163 miles (262 km) of unpaved streets.
Over the next several decades, the city and metropolitan area attracted more growth and became a favored tourist destination for its exotic desert setting and recreational opportunities. Nightlife and civic events concentrated along now skyscraper-flanked Central Avenue. In 1965, the Arizona Veterans Memorial Coliseum was opened on the grounds of the Arizona State Fair, west of downtown, and in 1968, the city was surprisingly awarded the Phoenix Suns NBA franchise. By the 1970s, however, there was rising crime and a decline in business within the downtown core.
Arizona Republic writer Don Bolles was murdered by a car bomb in the city in 1976. It was believed that his investigative reporting on organized crime and politics, particularly the relationships in Phoenix between real-estate developers, organized crime, and out-of-state corporations, especially in regards to land and housing fraud, made him a target. Bolles' last words referred to Phoenix land and cattle magnate Kemper Marley, who was widely regarded to have ordered Bolles' murder, as well as John Harvey Adamson, who pleaded guilty to second-degree murder in 1977 in return for testimony against contractors Max Dunlap and James Robison. Dunlap was convicted of first degree murder in the case in 1990 and received a life sentence. He died at the Arizona State Prison Complex - Tucson on July 21, 2009 due to natural causes. Robison was acquitted, but pleaded guilty to charges of soliciting violence against Adamson.
In 1970, the Census Bureau reported Phoenix's population as 12.7% Hispanic, 4.8% black, and 81.3% non-Hispanic white. With the advent of desegregation and the Fair Housing Act, the white flight, which had begun with the Great American streetcar scandal accelerated, as the remaining white middle-class families fled the growing street gangs, violent crime, and the drug trade. As a result, by the 1980s, these criminal activities had become public safety issues with the transplanted, noncohesive nature of many neighborhoods, which made crime difficult to monitor. Van Buren Street, East of downtown (near 24th St), became associated with prostitution, and many sections of the city's south and west sides were ravaged by the crack epidemic. The city's crime rates in many categories have improved since that time, but still exceed state and national averages.
After the Salt River flooded in 1980 and damaged many bridges, the Arizona Department of Transportation and Amtrak worked together and temporarily operated a train service, referred in Metro Light Rail (Phoenix) as the "Hattie B." line, between central Phoenix and the southeast suburbs. It was discontinued because of high operating costs and a lack of interest from local authorities in maintaining funding.
The famous "Phoenix Lights" UFO sightings took place in March 1997. The Baseline Killer and Serial Shooter crime sprees occurred in Phoenix, Tempe, and Mesa. Steele Indian School Park was the site of a mid-air collision between two news helicopters in July 2007. In 2008, Squaw Peak, the second tallest mountain in the city, was officially renamed Piestewa Peak after Army Specialist Lori Ann Piestewa, an Arizona native who was the first Native American woman to die in combat with the U.S. military, and the first American female casualty in the 2003 Iraq War.
Phoenix has maintained a growth streak in recent years, growing by 24.2% before 2007. This made it the second-fastest-growing metropolitan area in the United States following only Las Vegas, whose population had grown by 29.2% in that time. In 2008, Phoenix was one of the hardest hit by the Subprime mortgage crisis. In early 2009, the median home price was $150,000, down from its $262,000 peak in recent years. Crime rates in Phoenix have gone down in recent years and once troubled, decaying neighborhoods such as South Mountain, Alhambra, and Maryvale have recovered and stabilized. Recently Downtown Phoenix and the central core have experienced renewed interest and growth, resulting in numerous restaurant, stores and businesses opening or relocating to central Phoenix.
Phoenix is located at 33°27' North, 112°4' West (33.4485°, −112.0738°) in the Salt River Valley, or "Valley of the Sun", in central Arizona. It lies at a mean elevation of 1,117 feet (340 m), in the northern reaches of the Sonoran Desert.
Other than the mountains in and around the city, the topography of Phoenix is generally flat, allowing the city's main streets to run on a precise grid with wide, open-spaced roadways.
The Salt River runs westward through the city of Phoenix; the riverbed is often dry or a trickle due to large irrigation diversions, except after the area's infrequent rainstorms or when more water is released from upstream dams. The city of Tempe has built two inflatable dams in the Salt River bed to create a year-round recreational lake, called Tempe Town Lake. The dams are deflated to allow the river to flow unimpeded during releases. Lake Pleasant Regional Park is located in Northwest Phoenix within the suburb of Peoria, Arizona
The Phoenix area is surrounded by the McDowell Mountains to the northeast, the White Tank Mountains to the west, the Superstition Mountains far to the east, and the Sierra Estrella to the southwest. Within the city are the Phoenix Mountains and South Mountains. Current development (as of 2005) is pushing beyond the geographic boundaries to the north and west, and south through Pinal County. According to the United States Census Bureau, the city has a total area of 517.9 square miles (1,341 km2); 516.7 square miles (1,338 km2) of it is land and 1.2 square miles (0.6 km², or 0.2%) of it is water.
The Phoenix Metropolitan Statistical Area (MSA) (officially known as the Phoenix-Mesa-Glendale MSA), is the 12th largest in the United States, with a total population of 4,192,887 as of the Census 2010. It includes the Arizona counties of Maricopa and Pinal. Other cities in the MSA include Mesa, Scottsdale, Glendale, Tempe, Chandler, Gilbert, and Peoria. Several smaller communities are also included, such as Cave Creek, Queen Creek, Buckeye, Goodyear, Guadalupe, Fountain Hills, Litchfield Park, Anthem, Sun Lakes, Sun City, Sun City West, Avondale, Surprise, El Mirage, Paradise Valley, and Tolleson. The communities of Ahwatukee, Arcadia, Laveen and some others are part of the city of Phoenix; Ahwatukee being separated from the rest of the city by South Mountain.
The city is the largest city in the Arizona Sun Corridor. The Sun Corridor is the 8th largest megaregion, in terms of area, in the United States of America and is predicted to be the 10th most populous megaregion in 2025. The Sun Corridor is equivalent to Indiana in size and population and had a GDP of $191 billion in 2005.
Phoenix is the nation's sixth most populous city with approximately 1.47 million people, however, with a huge land area of 516.7 square miles (1,338 km2), the city has a low density rate of about 2,797 people per square mile due to 1/3rd of its land area being undeveloped desert. By comparison, Philadelphia has approximately 1.55 million people in a land area of 135.1 square miles (350 km2), giving it a high density rate of over 11,000 people per square mile.
As with most of Arizona, Phoenix does not observe daylight saving time. In 1973, Gov. Jack Williams argued to the US Congress that energy use would increase in the evening, as refrigeration units were not used as often in the morning on standard time. He went on to say that energy use would rise "because there would be more lights on in the early morning." He was also concerned about children going to school in the dark, which indeed they were. The exception to this are lands of the Navajo Nation in Northeastern Arizona, which observe daylight saving time in conjunction with the rest of their tribal lands in other states.
Phoenix has a subtropical desert climate (Köppen: BWh), typical of the Sonoran Desert in which it lies. Phoenix has extremely hot summers and warm winters. The average summer high temperatures are some of the hottest of any major city in the United States, and approach those of cities such as Riyadh and Baghdad. The temperature reaches and exceeds 100°F (38°C), on average for 110 days of the year, including most days from late May through to early September. Highs top 110 °F (43 °C) an average of 18 days during the year. On June 26, 1990, the temperature reached an all-time recorded high of 122 °F (50 °C).
Overnight lows greater than 80 °F (27 °C) occur frequently each summer, with the average July low being 81 °F (27 °C), and the average August low being 80 °F (27 °C). On average, 67 days throughout the year will see the nighttime low at or above 80 °F (27 °C). The highest low temperature recorded in Phoenix was 96 °F (36 °C), which occurred on July 15, 2003.
Precipitation is sparse during a large part of the summer, but the influx of monsoonal moisture, which generally begins in early July and lasts until mid-September, raises humidity levels and can cause heavy localized precipitation and flooding occasionally. Winter months are warm, with daily high temperatures ranging from the mid-50's to high 70's, and low temperatures mostly in the low 40s, occasionally dipping below 40.
Phoenix averages 85% of possible sunshine and receives scant rainfall, the average annual total at Phoenix Sky Harbor International Airport being 8.3 inches (210 mm). March is the wettest month of the year (1.07 inches or 27 mm) with June being the driest (0.09 inches or 2 mm). Although thunderstorms are possible at any time of the year, they are most common during the monsoon from July to mid-September as humid air surges in from the Gulf of California. These can bring strong winds, large hail, or rarely, tornadoes. Winter storms moving inland from the Pacific Ocean occasionally produce significant rains but occur infrequently. Fog is rare but can be observed from time to time during the winter months.
On average, Phoenix has only five days per year where the temperature drops to or below freezing. The long-term mean date of the first frost is December 15 and the last is February 1; however, these dates do not represent the city as a whole because the frequency of freezes increases the further one moves outward from the urban heat island. Frequently, outlying areas of Phoenix see frost. The earliest frost on record occurred on November 3, 1946, and the latest occurred on April 4, 1945. The all-time lowest recorded temperature in Phoenix was 16 °F (−9 °C) on January 7, 1913. As Phoenix grows, snow is becoming a common sight along the outskirts but is still rare in central Phoenix. Snowfall was first officially recorded in 1898, and since then, accumulations of 0.1 inches (0.25 cm) or greater have occurred only eight times. The heaviest snowstorm on record dates to January 21, 1937 – January 22, 1937, when 1 to 4 inches (2.5 to 10 cm) fell in parts of the city and did not melt entirely for three days. Before that, 1 inch (2.5 cm) had fallen on January 20, 1933. On February 2, 1939, 0.5 inches (1.3 cm) fell. Snow also fell on March 12, 1917 and on November 28, 1919. The most recent snow of significance fell on, December 6, 1998 across the northwest portions of the valley that are below 2,000 feet. During the 1998 event, Sky Harbor reported a dusting of snow. The last measurable snowfall was recorded when 0.1 inches (0.25 cm) fell in central Phoenix on December 11, 1985. On December 30, 2010, graupel fell, although it was widely believed to be snow.
Dust storms form mostly during the summer. Three major ones occurred in the summer of 2011 and 2012. These dust storms form from monsoon storm "outflows", or sudden gusts of wind. In July 2011, a massive dust storm 50 miles wide and over 5,000 feet tall swept through the Phoenix metro area.
Since 1986, the city of Phoenix has been divided into urban villages, many of which are based upon historically significant neighborhoods and communities that have since been annexed into Phoenix. Each village has a planning committee that is appointed directly by the city council. According to the village planning handbook issued by the city, the purpose of the village planning committees is to work with the city's planning commission to ensure a balance of housing and employment in each village, concentrate development at identified village cores, and to promote the unique character and identity of the villages.
Currently, there are 15 urban villages in the city: Ahwatukee Foothills, Alhambra, Camelback East, Central City, Deer Valley, Desert View, Encanto, Estrella, Laveen, Maryvale, North Gateway, North Mountain, Paradise Valley (not to be confused with the town of Paradise Valley), South Mountain and Rio Vista. Rio Vista was created as New Village in 2004 and is currently very sparsely populated, with no large amount of development expected in the near future.
Commonly referred-to Phoenix regions and districts include Downtown, Midtown, West Phoenix, North Phoenix, South Phoenix, Biltmore, Arcadia, Sunnyslope, Ahwatukee.
Phoenix is the sixth largest city in the nation according to the 2010 United States Census, making it the most populous state capital in the United States, with a population of 1,445,632. According to the Census:
Phoenix's population has historically been predominantly white. In 1970, non-Hispanic whites represented over 80% of the population.
According to the survey, the top ten ancestries were Mexican (38.4%), German (12.8%), Irish (8.8%), English (7.1%), African American (6.0%), Italian (4.0%), American (3.5%), Polish (2.2%), French (1.4%), and Scottish (1.6%).
According to the survey, the linguistic abilities of Phoenix residents were as follows:
According to the 2000 census, there were 1,321,045 people, 865,834 households, and 407,450 families residing in the city. The population density was 2,782 people per square mile (1,074/km²). There were 895,832 housing units at an average density of 1,044 per square mile (403/km²).
There were 865,834 households out of which 35.7% had children under the age of 18 living with them, 46.9% were married couples living together, 12.9% had a female householder with no husband present, and 34.0% were non-traditional families. 25.4% of all households were made up of individuals and 6.3% had someone living alone who was 65 years of age or older. The average household size was 2.79 and the average family size was 3.39.
In the city the population age distribution was 28.9% under the age of 18, 10.9% from 18 to 24, 33.2% from 25 to 44, 18.8% from 45 to 64, and 8.1% who were 65 years of age or older. The median age was 31 years. For every 100 females there were 103.5 males. For every 100 females age 18 and over, there were 102.7 males.
The median income for a household in the city was $41,207, and the median income for a family was $46,467. Males had a median income of $32,820 versus $27,466 for females. The per capita income for the city was $19,833. 15.8% of the population and 11.5% of families were below the poverty line. Out of the total population, 21.0% of those under the age of 18 and 10.3% of those 65 and older were living below the poverty line.
As of 2000, the racial makeup of the Phoenix population was 71.1% White, 5.1% African American, 2.0% Native American, 2.0% Asian, 0.1% Pacific Islander, 16.4% from other races, and 3.3% from two or more races. Hispanic or Latino of any race were 34.1% of the population. Since the 2000 census, the non-Hispanic white population in Phoenix dropped below 50.0%, according to William Frey, a demographer with the Brookings Institution.
In 2000, the Phoenix metro area's religious composition was reported as 45% Catholic, 13% LDS (concentrated heavily in the suburb of Mesa) and 5% Jewish. The remaining 37% are largely members of Protestant denominations or are unaffiliated.
The early economy of Phoenix was primarily agricultural, dependent mainly on the "5Cs" which were copper, cattle, climate, cotton and citrus. In the last four decades most of the farmlands have been turned into suburbs, and the economy has diversified as swiftly as the population has grown. The construction boom collapsed in 2008, as the financial crisis of 2007–2010 began; housing prices plunged. As Phoenix is the state capital, many residents in the area are employed by the government. Arizona State University has also enhanced the area's population through education and its growing research capabilities. Numerous high-tech and telecommunications companies have also recently relocated to the area. Due to the warm climate in winter, Phoenix benefits greatly from seasonal tourism and recreation, such as the golf industry.
Phoenix is currently home to seven Fortune 500 companies: Allied Waste, electronics corporation Avnet, Apollo Group (which operates the University of Phoenix), mining company Freeport-McMoRan (recently merged with Phoenix based Phelps Dodge), retailer PetSmart and energy supplier Pinnacle West. Honeywell's Aerospace division is headquartered in Phoenix, and the valley hosts many of their avionics and mechanical facilities. Intel has one of their largest sites here, employing about 10,000 employees and 7 chip manufacturing fabs, including the $3 billion state-of-the-art 300 mm and 45 nm Fab 32.
American Express hosts their financial transactions, customer information, and their entire website in Phoenix. The city is also home to the headquarters of U-HAUL International, a rental and moving supply company, as well as Best Western, the world's largest family of hotels. Choice Hotels International has its IT division and Operations Support Center in the North Phoenix area. US Airways relocated it Corporate Headquarters to Metro Phoenix area (Tempe) in 2005 after being acquired by America West Airlines. US Airways is the largest carrier at Sky Harbor International Airport in Phoenix. Mesa Air Group, a regional airline group, is headquartered in Phoenix.
Despite the housing collapse, Phoenix is seeing an improvement in its rental housing. “Commercial-property owners are counting on apartment buildings to lead the Phoenix area's real-estate market toward recovery, based on a recent rebound for units rented and buildings sold.” The military has a significant presence in Phoenix with Luke Air Force Base located in the western suburbs. At its height, in the 1940s, the Phoenix area had three military bases: Luke Field (still in use), Falcon Field, and Williams Air Force Base (now Phoenix-Mesa Gateway Airport), with numerous auxiliary air fields located throughout the region.
Foreign governments have established 30 consular offices and eleven active foreign chambers of commerce and trade associations in metropolitan Phoenix
Phoenix and the surrounding area have several cultural activities, including the performing arts, museums, and events.
Several music venues take place around Arizona, but primarily in and around downtown Phoenix and in Scottsdale. One such venue is the Phoenix Symphony Hall, where performances from groups such as the Phoenix Symphony Orchestra, Phoenix Youth Symphony Arizona Opera and Ballet Arizona often occur. Another venue is the Orpheum Theatre which is home to the Phoenix Metropolitan Opera. Concerts also regularly make stops in the area. The largest downtown performing art venue is the Herberger Theater Center, which houses three performance spaces and is home to resident companies Actors Theatre of Phoenix and Arizona Theatre Company.
Venues for concerts include the US Airways Center and the Comerica Theatre in downtown Phoenix, Cricket Wireless Pavilion in Maryvale, Jobing.com Arena in Glendale, and Gammage Auditorium in Tempe. Since 2002, Phoenix has also seen a rapid growth in local arts through Artlink Phoenix. Several smaller theatres including Trunk Space, Space 55 and Modified Arts support regular independent musical and theatre performances.
Phoenix has been home to numerous popular musicians, mostly of the country and rock genres. Solo artists originally from the area include Duane Eddy, Stevie Nicks, Willy Northpole, Buck Owens, Wayne Newton, Jordin Sparks, Marty Robbins, CeCe Peniston, Dierks Bentley, Alice Cooper, and Linkin Park's Chester Bennington. Several prominent rock groups have come from the Valley, including Meat Puppets, Andrew Jackson Jihad, The Refreshments, Jimmy Eat World, Mr. Mister, Gin Blossoms, Several Members of the Coasters and The Tubes. Phoenix is becoming a musical hot spot as more established artists like George Benson, Steve Gadd, Bob Hoag, Joey DeFrancesco, Samuel David Moore have moved to the city, drawn by the lower cost of living and comfortable climate.
Several television series were set in Phoenix, including the current top-rated Medium, the 1960–1961 syndicated crime drama, The Brothers Brannagan, Alice and the CBS sitcom, The New Dick Van Dyke Show from 1971 to 1974.
Several museums exist throughout the Valley.
Phoenix Art Museum is the Southwest’s largest destination for visual art from across the world. Located at 1625 North Central Avenue, the 285,000-square-foot (26,500 m2) art museum stands at the intersection of Central Avenue and McDowell Road on the historic Central Avenue corridor. Phoenix Art Museum displays international exhibitions along side the Museum’s comprehensive collection of more than 18,000 works of American, Asian, European, Latin American, Western American, modern and contemporary art, and fashion design.
A community center since 1951, Phoenix Art Museum presents a year-round program of festivals, live performances, independent art films and educational programs. Visitors can also experience PhxArtKids, an interactive space for children; photography exhibitions through the Museum’s partnership with the Center for Creative Photography; the landscaped Sculpture Garden; dining at Arcadia Farms at Phoenix Art Museum; and shopping at The Museum Store.
Another prominent area museum is the Heard Museum just north of downtown. It has over 130,000 square feet (12,000 m²) of gallery, classroom and performance space. Some of the signature exhibits include a full Navajo hogan, the Mareen Allen Nichols Collection containing 260 pieces of contemporary jewelry, the Barry Goldwater Collection of 437 historic Hopi kachina dolls, and an exhibit on the 19th century boarding school experiences of Native Americans. The Heard Museum attracts about 250,000 visitors a year.
Other notable museums in the city include the Arizona Science Center, Hall of Flame Firefighting Museum, Phoenix Museum of History, the Phoenix Zoo, the Pueblo Grande Museum and Cultural Park, and the Children's Museum of Phoenix. In 2010 the Musical Instrument Museum opened their doors, featuring the biggest musical instrument collection in the world.
The downtown Phoenix art scene has developed in the past decade. The Artlink organization and the galleries downtown have successfully launched a First Friday cross-Phoenix gallery opening.
In April 2009, artist Janet Echelman inaugurated her monumental sculpture, Her Secret Is Patience, a civic icon suspended above the new Phoenix Civic Space Park, a two-city-block park in the middle of downtown. This netted sculpture makes the invisible patterns of desert wind visible to the human eye. During the day, the 100-foot (30 m)-tall sculpture hovers high above heads, treetops, and buildings, the sculpture creates what the artist calls "shadow drawings", which she says are inspired by Phoenix's cloud shadows. At night, the illumination changes color gradually through the seasons. The large three-dimensional multi-layered form is created by a combination of hand-baiting and machine-loomed knotting, and is the result of a collaborative effort with an international team of award-winning engineers.
Author Prof. Patrick Frank writes of the sculpture that "...most Arizonans look on the work with pride: this unique visual delight will forever mark the city of Phoenix just as the Eiffel Tower marks Paris."
The Arizona Republic editorialized: "This is just what Phoenix need: a distinctive feature that helps create a real sense of place."
Phoenix has long been renowned for authentic Mexican food, thanks to both the large Hispanic population and proximity to Mexico. But the recent population boom has brought people from all over the nation, and to a lesser extent from other countries, and has since influenced the local cuisine. International food, such as Korean, Brazilian, and French, has become more common throughout the valley in recent years. However, Mexican food is arguably still the most popular food, with Mexican restaurants found all over the area.
Phoenix is home to several professional sports franchises, including representatives of all four major professional sports leagues in the U.S. – although only two of these teams actually carry the city name and play within the city limits. Of all the U.S. metropolitan areas with teams in all four leagues, Phoenix was the last to get its first major franchise, this being the Phoenix Suns of the National Basketball Association (NBA), which started play in 1968 at the Arizona Veterans Memorial Coliseum.
In 1992 the Suns moved to the America West Arena, which is now the US Airways Center. In 1997, the Phoenix Mercury was one of the original eight teams to launch the Women's National Basketball Association (WNBA). Both teams play at U.S. Airways Center. The U.S. Airways Center was the setting for both the 1995 and the 2009 NBA All-Star Games. The Phoenix Flame of the International Basketball League began play in the spring of 2007. They play at the Arizona Veterans Memorial Coliseum.
The Arizona Cardinals moved to Phoenix from St. Louis, Missouri in 1988 and currently play in the Western Division of the National Football League's National Football Conference. The team, however, has never played in the city itself; they played at Sun Devil Stadium on the campus of Arizona State University in nearby Tempe until 2006. Sun Devil Stadium held Super Bowl XXX in 1996 when the Dallas Cowboys defeated the Pittsburgh Steelers.
The Cardinals now play at University of Phoenix Stadium in west suburban Glendale. University of Phoenix Stadium hosted Super Bowl XLII on February 3, 2008, in which the New York Giants defeated the New England Patriots. It is also the home of the annual Tostitos Fiesta Bowl, a college football bowl game that is part of the Bowl Championship Series (BCS).
Phoenix has an arena football team, the Arizona Rattlers of the Arena Football League. Games are played at US Airways Center downtown.
The Phoenix Coyotes of the National Hockey League moved to the area in 1996; they were formerly the Winnipeg Jets franchise. They play at Jobing.com Arena, adjacent to University of Phoenix Stadium in Glendale.
The Arizona Diamondbacks of Major League Baseball (National League West Division) began play as an expansion team in 1998. The team plays at Chase Field (downtown). In 2001, the Diamondbacks defeated the New York Yankees 4 games to 3 in the World Series, becoming not only the city's first professional sports franchise to win a national championship while located in Arizona, but also one of the youngest expansion franchise in U.S. professional sports to ever win a championship.
Additionally, due to the favorable climate, fifteen Major League Baseball teams conduct spring training in the metro Phoenix area in what is known as The Cactus League. The Cincinnati Reds were the last team to begin play in Goodyear, AZ as the 15th Cactus League team and share the stadium in Goodyear with the Cleveland Indians. Beginning in 2011, the Cactus League will be based solely in greater metro Phoenix as the last two teams that had played in Tucson (The Colorado Rockies and the Arizona Diamondbacks) will be sharing a spring training home near Scottsdale.
The Phoenix International Raceway is a major venue for two NASCAR auto racing events per season. Boat racing, drag racing, and road course racing are also held at Firebird International Raceway. Sprint car racing is no longer held at Manzanita Speedway.
Phoenix hosted the United States Grand Prix from 1989 to 1991. The race was discontinued after poor crowd numbers.
Phoenix has also hosted the Insight Bowl at Chase Field until 2005, after which it moved to nearby Tempe, as well as several major professional golf events, including the LPGA's Safeway International and The Tradition of the Champions Tour. Phoenix was originally scheduled to host the 2006 NHL All-Star Game, but it was canceled due to the 2006 Winter Olympics (the recently adopted NHL collective bargaining agreement prohibits the All-Star Game to be held during Olympic years).
Phoenix has been named as a team in the WAMNRL which will begin in summer 2011.
Phoenix's Ahwatukee American Little League reached the 2006 Little League World Series as the representative from the U.S. West region. Phoenix is one of the three cities that hosts the annual Rock 'n' Roll Arizona Marathon in January.On March 28, 2010 The University of Phoenix stadium hosted WWE's annual extravaganza WrestleMania XXVI which had broke the stadium's attendance record with 72,219 fans which have been broken by the 2011 BCS National Championship Game with 78,603 fans. Phoenix also hosted TNA's biggest Pay-per-view of 2012, Bound for Glory, on 14th October.
(*) Note: The Cardinals won 2 of their championships while in Chicago.
Phoenix is home to a large number of parks and recreation areas. Many waterparks are scattered around the valley to help residents cope with the harsh desert heat during the summer months. Some of the notable parks include Big Surf in Tempe, Wet 'n' Wild Phoenix in Phoenix (has a Glendale mailing address), Golfland Sunsplash in Mesa, and the Oasis Water Park at the Arizona Grand Resort – formerly known as Pointe South Mountain Resort – in Phoenix. The area also has two amusement parks, Castles N' Coasters in north Phoenix, next to the Metrocenter Mall and Enchanted Island located at Encanto Park.
Many parks have been established to preserve the desert landscape in areas that would otherwise quickly be developed with commercial and residential zoning. The most noteworthy park is South Mountain Park, the world's largest municipal park with 16,500 acres (67 km2); others include Camelback Mountain, and Sunnyslope Mountain, also known as "S" Mountain.
The Desert Botanical Garden displays desert plant life from deserts all over the world. Encanto Park is the city's largest and primary urban park, and lies just northwest of downtown Phoenix. Papago Park in east Phoenix is home to both the Desert Botanical Garden and the Phoenix Zoo, in addition to several golf courses and the Hole-in-the-Rock geological formation.
The first newspaper in Phoenix was the weekly Salt River Valley Herald, which later changed its name to the Phoenix Herald in 1880.
Today, the city is served by two major daily newspapers: The Arizona Republic (serving the greater metropolitan area) and the East Valley Tribune (serving primarily the cities of the East Valley). The Jewish News of Greater Phoenix is an independent weekly Jewish newspaper that was established in 1948. In addition, the city is also served by numerous free neighborhood papers and weeklies such as the Phoenix New Times, Arizona State University's The State Press, and the College Times. For 40 years, The Bachelor's Beat, a paid weekly newspaper, has covered local politics while selling ads for area strip clubs and escort services.
The Phoenix metro area is served by many local television stations and is the 12th largest designated market area (DMA) in the U.S. with 1,802,550 homes (1.6% of the total U.S.). The major network television affiliates are KPNX 12 (NBC), KNXV 15 (ABC), KPHO 5 (CBS), KSAZ 10 (Fox), KUTP 45 (MNTV), KASW 61 (CW) and KAET 8 (PBS, operated by ASU). Other network television affiliates operating in the area include KPAZ 21 (TBN), KTVW 33 (Univision), KTAZ 39 (Telemundo), KDPH 48 (Daystar), and KPPX 51 (ION). KTVK 3 (3TV) and KAZT 7 (AZ-TV) are independent television stations operating in the metro area. KAZT broadcasts in digital format only.
The radio airwaves in Phoenix cater to a wide variety of musical and talk radio interests.
Many major feature films and television programs have been filmed in the city, including, Waiting to Exhale, War of the Worlds, Days of Thunder, Anastasia, American Anthem, 24, The Kingdom, Transamerica, The Uninvited, What Planet Are You From, Take Me Home Tonight, Titan A.E., O.C. and Stiggs, Pardners, Private Lessons, Song of the South, The Gauntlet, Psycho, Raising Arizona, Jerry Maguire, Baraka, Little Miss Sunshine, Interstate 60, Gunfight at the O.K. Corral, Beyond the Law, A Home at the End of the World, The Prophecy, A Boy and His Dog, Used Cars, Bill & Ted's Excellent Adventure (used as a stand-in for San Dimas, California), U Turn, Eight Legged Freaks, Bus Stop, The Getaway, The Grifters, Electra Glide in Blue, Private Lessons, Medium, Blue Collar Comedy Tour: The Movie, Never Been Thawed, Just One of the Guys, Away We Go, Terminal Velocity, Taxi, Twilight, and The Banger Sisters.
As the capital of Arizona, Phoenix houses the state legislature. In 1913, the commission form of government was adopted. The city of Phoenix is served by a city council consisting of a mayor and eight city council members. The mayor is elected in a citywide vote to a four-year term. Phoenix City Council members are elected to four-year terms by voters in each of the eight separate districts that they represent.
The current mayor of Phoenix is Greg Stanton, a Democrat who was elected to a four-year term in 2011. The mayor and city council members have equal voting power to adopt ordinances and set the policies that govern the city.
Phoenix operates under a council-manager form of government, with a strong city manager supervising all city departments and executing policies adopted by the Council.
As of February 9, 2009, Phoenix offers a domestic partnership registry open to opposite- and same-sex couples with no resident requirements for registrants.
The city's website was given a "Sunny Award" by Sunshine Review for its transparency efforts.
The Arizona Department of Juvenile Corrections operates the Adobe Mountain School and the Black Canyon School in Phoenix. Another major state government facility is the Arizona State Hospital, operated by the Arizona Department of Health Services. This is a mental health center which is the only medical facility run by the state government.
The headquarters of numerous Arizona state government agencies are in Phoenix, with many located in the State Capitol district immediately west of downtown.
The Federal Bureau of Prisons operates the Federal Correctional Institution (FCI) Phoenix near the northern boundary of the city.
The Sandra Day O'Connor US Courthouse, US District Court of Arizona, is located on Washington Street downtown. It is named in honor of retired US Supreme Court Justice Sandra Day O'Connor, who was raised in Arizona.
The Federal Building is at the intersection of Van Buren Road and First Avenue downtown, and contains various federal field offices and the local division of the US Bankruptcy Court. This building also formerly housed the US District Court offices and courtrooms, but these were moved in 2001 to the new Sandra Day O'Connor US Courthouse. Before the construction of this building in 1961, federal government offices were housed in the historic US Post Office on Central Avenue, completed in the 1930s.
By the 1970s there was rising crime and a decline in business within the downtown core. Arizona Republic writer Don Bolles was murdered by a car bomb at the Clarendon Hotel in 1976. It was believed that his investigative reporting on organized crime in Phoenix made him a target. Bolles' last words referred to Phoenix land and cattle magnate Kemper Marley, who was widely regarded to have ordered Bolles' murder, as well as John Harvey Adamson, who pleaded guilty to second-degree murder in 1977 in return for testimony against contractors Max Dunlap and James Robison.
Dunlap was convicted of first degree murder in the case in 1990 and remained in prison, until his death on July 21, 2009, while Robison was acquitted, but pleaded guilty to charges of soliciting violence against Adamson. Street gangs and the drug trade had turned into public safety issues by the 1980s. Van Buren Street, East of downtown (near 24th St), became associated with prostitution. The city's crime rates in many categories have improved since that time, but still exceed state and national averages.
The city has recently seen a tremendous drop in crime in recent years with 2008 and 2009 recording large declines in car thefts and murders. Phoenix expects to report to the FBI nearly 100 murders fewer in 2009 compared to two years prior when 222 murders occurred. Through November 2009, 106 murders were recorded in Phoenix.
Car theft has been a problem in Phoenix. The city consistently ranks high for both total thefts and rate per 100,000. In 2001, Phoenix was number one for theft rate with 35,161 total thefts, giving a rate of 1,081.25 per 100,000. However, in 2003, Phoenix dropped to second place with 1,253.71 per 100,000 (behind Modesto, California), although total car thefts rose to 40,769.
In 2008 Phoenix also experienced a huge decline in auto thefts dropping the city to the number 19 spot for such crimes; credit for the decline has been given to the Phoenix Police Department's efforts to patrol areas where reporting of thefts are prevalent and in use of bait cars to deter would-be thieves.
Phoenix continues to experience large drops in all crimes in 2009 (A 24% drop in all violent crimes in Phoenix for 2008, and a further 18% drop in crime through November 2009 have been experienced in the city).
In the late 2000s, Phoenix earned the title "Kidnapping capital of the USA". The majority of the kidnapped are believed to be victims of human smuggling, or related to illegal drug trade, while the kidnappers are believed to be part of Mexican Drug War cartels, particularly the Sinaloa Cartel. John McCain has also called Phoenix the "Number-Two Kidnapping Capital of the World", even though fact-checkers universally regarded the statement as false.
Public education in the Phoenix area is provided by over 30 school districts. The Phoenix Union High School District operates most of the public high schools in the city of Phoenix. Charter schools such as North Pointe Preparatory, Sonoran Science Academy, and Veritas Preparatory Academy also exist.
Arizona State University is the main institution of higher education in the region. Its main campus is in Tempe. ASU also has campuses in Northwest Phoenix (ASU West Campus), Downtown Phoenix (ASU Downtown Campus) and Mesa (ASU Polytechnic Campus). A branch of the University of Arizona College of Medicine is located at the downtown Phoenix campus. ASU is currently one of the largest public universities in the U.S., with a 2011 student enrollment of 72,250.
There are also small satellite offices for the University of Arizona (based in Tucson) and Northern Arizona University (based in Flagstaff) located in Phoenix.
The Maricopa County Community College District includes ten community colleges and two skills centers throughout Maricopa County, providing adult education and job training. Phoenix College, part of the district, was founded in 1920 and is the oldest community college in Arizona and one of the oldest in the country.
Phoenix is served by Sky Harbor International Airport (IATA: PHX, ICAO: KPHX), which is centrally located in the metro area near several major freeway interchanges east of downtown Phoenix. Sky Harbor is the tenth-busiest airport in the U.S. and 24th in the world for passenger traffic, handling more than 42 million travelers in 2007. The airport serves more than 100 cities with non-stop flights.
Aeroméxico, Air Canada, British Airways, and WestJet are among several international carriers as well as American carrier US Airways (which maintains a hub at the airport) providing flights to destinations such as Canada, Costa Rica, and Mexico.
The Phoenix-Mesa Gateway Airport (IATA: AZA, ICAO: KIWA) in neighboring Mesa also serves the area's commercial air traffic. It was converted from Williams Air Force Base, which closed in 1993. The airport has recently received substantial commercial service with Allegiant Air opening a focus city operation at the airport with non-stop service to over a dozen destinations.
Smaller airports that primarily handle private and corporate jets include Phoenix Deer Valley Airport (IATA: DVT, ICAO: KDVT), located in the Deer Valley district of north Phoenix, as well as municipal airports including Glendale Municipal Airport, Falcon Field Airport in Mesa, and Phoenix Goodyear Airport.
Amtrak has not served Phoenix Union Station since 1996; Phoenix is the largest incorporated city in the United States without intercity passenger train service. The Sunset Limited and Texas Eagle stop three times a week at Maricopa, thirty miles south of downtown Phoenix (for shuttle and other travel information, see the Texas Eagle site).
Amtrak Thruway buses connect Sky Harbor to Flagstaff for connection with the daily Southwest Chief service to Los Angeles and Chicago. Phoenix is served by Greyhound bus service, with the station at 24th Street located near the airport.
Valley Metro provides public transportation throughout the metropolitan area, with its trains, buses, and a ride-share program. 3.38% of workers commute by public transit. During the summer it is very difficult to wait for a bus in the heat as many of the stops have no canopies. Valley Metro's 20-mile (32 km) light rail project, called METRO, through north-central Phoenix, downtown, and eastward through Tempe and Mesa, opened December 27, 2008. Future rail segments of more than 30 miles (48 km) are planned to open by 2030.
In 2000, bicycle transportation was a mode that 0.89% of Phoenix commuters utilized, down from 1.12% a decade earlier.
The Maricopa Association of Governments has a bicycle advisory committee working to improve conditions for bicycling on city streets and off-road paths.
Bicycling Magazine ranked Phoenix the 15th most bicycle friendly city of fifty cities in the United States with a population greater than 100,000.
A 2011 study by Walk Score ranked Phoenix the 33rd most walkable of fifty largest cities in the United States.
The street system in Phoenix (also adhered to by some of its suburbs, such as Glendale and Scottsdale) is laid out in a traditional grid system, with most roads oriented either north-south or east-west. The zero point is the intersection of Central Avenue and Washington Street. Numbered Avenues run north–south west of Central; numbered Streets run north–south east of Central. Major arterial streets are spaced one mile (1.6 km) apart.
The one-mile (1.6 km) blocks are divided into approximately 1000 house numbers north and south, and 800 house numbers east and west, although this varies. Scottsdale Road, being 7200 East, is approximately 7200 / 800 = 9 miles (14 km) east of Central. The Valley Metro bus numbers are also based on this numbering system, with the Central Avenue bus being Route Zero, and Scottsdale Road being Route 72.
Phoenix is served by a growing network of freeways, many of which were initiated by a ½ cent general sales tax measure approved by voters in 1985. Before this network, Interstate 10 and Interstate 17 handled almost all freeway traffic in Phoenix, placing a large burden on surface arterial streets, leading to increased traffic congestion as the area grew in size.
The current freeway system comprises two interstate routes (I-10 and I-17), the nearly transcontinental US 60, and several state highways as well – including SR 51, SR 85, Loop 101, SR 143, and Loop 202.
Eventually, several other state highways (Loop 303, SR 24, and SR 30) will make their way into the system as they are needed.
Phoenix, Arizona, has ten sister cities, as designated by the Phoenix Sister Cities Commission:
Map Of Phoenix, Arizona Blood Testing Facilities
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See the Places : Historic Sites & Buildings : Reconstruction Underway at the Peyton Randolph House
Reconstruction Underway at the Peyton Randolph House
Peyton Randolph House.
Reconstruction of the home's outbuildings began more than 20 years ago with archaeology and architectural research. As a result of the extensive research, the Randolph family will once again have a place to cure their meat, store their butter, cook their food, and wash their clothes. And their extended slave family will have a place to sleep.
The outline of foundations on the Randolph site provided clues to the structures that occupied it.
Until 1997, the reconstruction had been no more than a brick outline of the site and a collection of discarded objects. The kitchen's footprint had an H-shaped chimney, which confirmed that it was the site of the kitchen/laundry. Historical documents refer to the structure as the kitchen/laundry/slave building and note that there was an enclosed connector linking it to the house. Research shows that the granary was a large, crudely constructed building that was so overloaded it had to be underpinned. 18th-century dairies sometimes had brick floors and two rooms — one for production and one for storage — just like the one at the Randolph site. Other buildings that supported life in the main house included the smokehouse, dairy, and storage building. Thanks to generous support from Carole Crocker, the Mars Foundation, and a private Richmond, Virginia foundation, reconstruction on these buildings has been completed, and work on the outbuildings will continue well into 2002, when many of the remaining structures will be completed.
The ongoing reconstruction is being interpreted to the public, whose help is solicited and appreciated. Carpenters began work on the project in January 1997. Since then, they've been cutting logs, framing, and making shingles. According to apprentice Noel Poirier, the project was especially popular with visiting school groups. "They helped us saw and do many of the other tasks," he said. "We couldn't have lifted many of the timbers to the top of the pit saw without their help."
Buildings were framed on site by interpreters using colonial building techniques, materials, and tools like this pitsaw
The framing is oak and poplar, with white cedar and cypress shingles. As with all reconstruction and preservation at this living history museum, accuracy is critical. Before beginning the massive project, the carpenters studied many surviving 18th-century outbuildings as well as data collected by Colonial Williamsburg's architectural historians. Architectural research director Ed Chappell says, "We've been compiling information for 15 years on the outbuildings in the Chesapeake region. That information has helped us interpret the findings at this site. Our generation of architectural historians has changed the way we look at buildings and restore them. We focus as much on the relationships between buildings and how people used them as on the manner in which they were detailed — and as much on the work buildings as those in which entertaining was done. The Randolph site is where all this will come together in a very lively way."
This project will add a new dimension to Colonial Williamsburg's interpretation of colonial Virginia's history. When the new outbuildings are completed, visitors will learn about both slave life and gentry-class life on an 18th-century urban plantation.
View images from the Reconstruction:
Smokehouse reconstruction
Dairy reconstruction
Storage building reconstruction
QuickTime panoramas of the reconstruction site
Brickmaking at Colonial Williamsburg
Peyton Randolph
Sir John Randolph
Susannah Beverly Randolph
Betsy Harrison Randolph
The Randolph Family
Email the Historic Area carpenters
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The Soul Seekers
Ten years ago eight well-connected industry guys came together to support group member Nisan Stewart’s father at a concert his church was hosting. Although they weren’t considered a group, after that night it all changed.
Who knew that one performance would turn into ten years where this group would become the Soul Seekers—An award winning-quartet with a huge following consisting of some of the most sought after musicians, producers, singers and songwriters in the game.
Individually, world-class musicians and singers Gerald Haddon, Teddy Campbell, Warryn Campbell, Nisan Stewart, John "Jubu" Smith, Charlie Bereal, Craig Brockman and Eric Seats have racked up Grammy Awards, American Music Awards, and have been nominated for Stellar and Dove Awards, winning a Stellar Award for “Quartet of the Year” for their freshman project The Soul Seekers.
After laying low for a few years the group was ushered back into the music industry with “It’s all God,” featuring the incomparable Pastor Marvin Winans, on their10-track live recording Soul Seekers Il, released November16, 2010. From the toe-tapping Come On Jesus to Trust Me, and Take Your Burdens to name a few, the soul-stirring project doesn’t miss a beat.
With this project true Soul Seeker supporters will definitely notice the growth and a few other welcoming additives.
In a recent interview with Da Gospel Truth Warryn Campbell explains the difference in the current and former projects, “There are different twists and turns here and there. We definitely have a bigger sound now… this time we have a horn section, plus steel guitar players and percussion.”
According to Mona Austin of Gospel Slice—The Soul Seekers offer a fresh perspective on the gospel quartet sound. They mold the customary toe-tapping 2/4 count that defines most traditional quartet songs into intricate rhythms, which meshed with their organic gospel quartet vocals perfectly.
As frontrunners in gospel music the Soul Seekers (Teddy Campbell, Warryn Campbell, Nisan Stewart, John "Jubu" Smith, Gerald Haddon, Charlie Bereal, Craig Brockman and Eric Seats) consists of incredible talent working with an array of superstar artists from Beyonce‘ and Missy Elliott to Nelly, 50 Cent, Diddy, Jennifer Hudson, Whitney Houston, Bette Midler and Britney Spears, to hit making shows as The Tonight Show, Diddy’s “Making His Band” and “American Idol” to name a few.
Go to website >
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Suite No. 3 in C for Cello Solo, BWV 1009
Dance music came as naturally to Johann Sebastian Bach (1685-1750) as chorale tunes and counterpoint. For most of his contemporaries, dance was a manifestation of social order in time and movement. Bach was certainly sensitive to those implications, but for him dance also touched more mystic levels of expression. The final choruses of his St. John and St. Matthew Passions, for example, can be considered as vast, transcendent sarabandes.
The issue of dance became crucial for Bach in 1717, when he moved from Weimar to a secular position in Cöthen. Much of his surviving non-keyboard instrumental music comes from the six years he spent serving a music-loving prince in this small town, and much more from the period is lost. Bach had a group of talented musicians - many hired away from Berlin - at his disposal, and he reveled in the fresh challenge, testing the capabilities of the musicians and the instruments as well as the conceptual and substantial scope of the music.
The three sonatas and three partitas he composed for solo violin were finished in 1720, and the six suites for solo cello probably sometime earlier. All six cello suites follow the same format - a prelude, followed by an allemande, a courante, a sarabande, a pair of modish galant dances (minuets in the first and second suites, bourrées in suites three and four, gavottes for suites five and six), and a gigue. This sequence of dance movements was fairly conventional in Baroque instrumental music, following the models of French harpsichordists and lutenists. (Confusingly, Bach's English Suites for keyboard have a similar structure.)
The Third Cello Suite, in C major, is probably the most sonically sensuous of the set. The standard cello tuning - C, G, D, A - makes drones and double stops (playing on two strings simultaneously) relatively easy in the key of C, and allows extra resonance from open strings.
Bach responded to this acoustic opportunity with warm, spacious, extroverted music. His tunes are based on scales and broken chords, clearly indicating the harmony an accompaniment would have supplied in other media. The grand prelude begins with a scale and broken chord, running down two octaves, then back up the scale. Bach plays with the shifting patterns that emerge from his steady stream of 16th notes, arriving at an extended passage of harmonies gliding over a repeated open G. It closes with a rich cadenza full of four-note chords, combining maximum reverberation and rhetorical impact.
The sound of open strings and double stops, and the rhythmic play of cross-accented patterns continue in the ensuing dances. The allemande is stately and wide-ranging, and the courante is an exercise in athletic elegance. As with all of the Cello Suites, the sarabande is the heart of the matter, here a luxurious palace of sound, the second half expressively expanded to twice the length of the first half of the dance. The rustic bourrées stamp heartily, and the leaping gigue ends the suite with comic acrobatics.
- John Henken is the Los Angeles Philharmonic Association's Director of Publications.
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R.J. Hunter
SG, Houston Rockets
The Houston Rockets have waived R.J. Hunter who was on a two-way deal.
After playing in 36 games as a Celtics' rookie back in 2015-16, Hunter has managed to play in just eight games since. There's still a chance he gets a camp invite before the season starts.
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Library & Archives ›
Library & Archives News
National Review Article By Hoover L&A Researcher Features The Long Relationship Between Ronald Reagan And William F. Buckley, Jr.
Ronald Reagan made several appearances on Firing Line, including “Is It Possible to Be a Good Governor?” (program S0010), 1971. Firing Line broadcasts, Box 104, Hoover Institution Archives.
In December of 1985 Ronald Reagan, speaking at a banquet given in honor of the thirtieth anniversary of the conservative journal The National Review, commented, “I can assure you: National Review is to the offices of the West Wing of the White House what People magazine is to your dentist’s waiting room.”
Now in its sixtieth year, the magazine is publishing a series of features about the history and legacy of William F. Buckley’s influential journal, including a recent article by Hoover Library & Archives researcher Laurence Jurdem, who received his Ph.D. in American history from Fordham University and is an independent scholar in San Francisco. Jurdem’s article is adapted from his doctoral dissertation, “Paving the Way for Reagan: Journals of Conservative Opinion and the Crystallization of Republican Foreign Policy 1964–1980” and highlights the long and rich relationship between Reagan and Buckley. Considering Buckley an individual who “changed our country, indeed our century,” Reagan throughout his life praised the National Review as one of the most important forums for discussing conservative solutions to national and international policies.
While working on his dissertation, Jurdem consulted Hoover L&A’s extensive Firing Line collection, which features materials related to Buckley’s well-known television show. From 1966 to 1999, Firing Line was a venue for debate and discussion on political, social, and philosophical issues with experts of the day. The broadcast collection includes administrative files, program preparation materials, photographs, transcripts, sound recordings, and videotape copies of the 1,505 programs. The online finding aid for the collection provides links to video clips on YouTube, and links to complete video programs on Amazon.com.
In April of 2016, Hoover Library & Archives will open a new exhibition related to Firing Line and its influence on twentieth-century politics, art, and culture.
Watch Video Clips
Five-Minute Clips on YouTube
The Firing Line Collection at Hoover L&A
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Shoulder Arthritis: An Overview
As of 2013, it has been estimated that more than 50 million people have been diagnosed with some form of arthritis. Arthritis has its word origin from the Greek word, "arthron", meaning joint. "Itis" probably of Latin derivation, and refers to inflammation. While literally arthritis therefore means “inflamed joint,” it has come to refer to any condition of the joint in which there is damage to the smooth cartilage covering a moving surface of a joint (called the articular cartilage), eventually leading to cartilage loss, in the end stage resulting in "bone on bone" of the joint surfaces, and pain.
After the hip and knee, the shoulder is the third most common joint affected by arthritis, perhaps because in most people, it is not weight bearing, as are the large lower extremity joints. However, as in the hip and knee, the loss of cartilage that characterizes shoulder arthritis is frequently a source of severe pain, limited function, joint stiffness, and significant diminishment of quality of life. While there is no cure for arthritis, there are many treatments, both non-surgical and surgical, that enable the symptoms to be well treated and for patients to maintain active lifestyles.
Fig. 1: X-ray showing osteoarthritis of the shoulder joint
The Normal Unaffected Shoulder
The shoulder is made up of a number or interconnected bones. The upper end of the humerus is a ball, called the humeral head, which “rests against” the socket, a part of the scapula called the glenoid. Unlike the hip, also a ball-socket joint but one with a deep socket made for stability, the shoulder is made not for stability but motion - and has the most motion of any joint in the body. The ball of the shoulder joint moves against the socket, but because it “rests against” the socket, rather than being well contained in it, it is reliant on the soft tissues for both its stability and motion. It is stabilized by both ligaments (cords that attach to both ball and socket) and tendons (soft tissue attachments of muscle to bone). The tendons of the shoulder “rotate” the ball in the socket, and are called the rotator cuff. The four rotator cuff tendons thus supply movement to the shoulder and stability, and can themselves be subject to injury, wear and tear, and degeneration (rotator cuff tear).
Fig. 2: Anatomy of the shoulder, featuring the humerus (upper arm bone), the glenoid (shoulder socket), the ligaments, and tendons. [Illustration by Robert O'Conor]
Types of Shoulder Arthritis
The most frequently occurring type of arthritis which affects the shoulder are:
Osteoarthritis: Similar to the hip and knee, this is also called a “wear and tear” type of arthritis, and probably occurs as some combination of use, genetics, micro trauma, and increased forces across the joint. The cartilage loses its normal chemical makeup, becomes frayed and worn, and eventually disappears; without this protective covering, the underlying bones grind against one another, causing pain.
Inflammatory Arthritis: In conditions such as Rheumatoid Arthritis, multiple factors often having to do with the immune system, lead to inflammation of the joint and joint lining, ultimately wearing away the cartilage surfaces. Fortunately, the medical treatment of many types of inflammatory arthritis has made tremendous advances, and the need for surgical treatment has greatly diminished.
Cuff Tear Arthropathy: This is the end stage of very large tears of the rotator cuff tendon. A confluence of four muscles which stabilize and are the primary movers of the shoulder joint, which have been left untreated. While large tears of the rotator cuff tendon, are uncommon, an estimated 4% of patients with untreated rotator cuff tears develop cuff tear arthropathy. Treatment of shoulder arthritis caused by cuff tear arthropathy can be particularly difficult, since it results from damage to both soft tissue support of the joint as well as the joint surface.
Fig. 3: Xray showing both arthritis and big tear of rotator cuff tendon
Osteonecrosis (Avascular necrosis): An unusual condition in which the blood supply to the bone forming the ball of the shoulder is interrupted, leading to the death and collapse of a segment of the bone. With loss of the bone support, the overlying cartilage is subject to forces which cause the cartilage to become damaged as well.
Post-Traumatic Arthritis: This can result from a fracture of the ball or of the socket, in which the cartilage surface is damaged at the time of the bone fracture. Eventually, this damage can cause the cartilage surface to wear out and disappear.
Symptoms of Shoulder Arthritis
As with other joints, the most common symptom of shoulder arthritis is pain with activity. In time, pain can occur at rest, and may even interrupt sleep. As the cartilage disappears, the joint becomes stiff, reducing range of motion, and limiting activity, often causing interference with even the most common tasks of everyday life, such as dressing, reaching for objects, and even personal hygiene. As joint motion is lost, tasks such as driving, athletic activity, housework, and even writing and computer work can be affected. The pain is frequently centered on the back of the shoulder, but commonly is felt all the way down the arm to the elbow.
Perhaps the most disabling symptom for most people is the loss of sleep, as it frequently becomes difficult to find a comfortable position either on the affected or unaffected side.
Motion is often severely affected, and may be accompanied by cracking, grinding, or catching (crepitus) as the ball/socket bones rub against one another.
The Doctor Evaluation
With progression of shoulder arthritis symptoms, examination will frequently demonstrate stiffness or loss of motion. Strength may be affected, and crepitus elicited as the arm is moved.
Usually an x-ray will show the degree of articular cartilage loss and the presence of arthritis. Since cartilage does not show on an x-ray, in a normal joint its presence is demonstrated by a “space” between ball and socket. As the cartilage disappears, the space narrows on an x-ray, and in the end stage, the bone of the ball can be seen directly against the bone of the socket. In addition, bone spurs (osteophytes) which develop around the joint margins are frequently seen in some types of arthritis.
A CT scan is a computerized study which may be used to outline the bone of the shoulder joint in more detail, while a MRI scan is a test in which a magnetic coil is put over the area to be studied. This gives information about the bone and cartilage, but has its greatest use in demonstrating the condition of the surrounding soft tissues, particularly the muscles and tendons of the shoulder.
As is the case in any other joint, the initial treatment of shoulder arthritis is usually non surgical. This may include:
Activity modification: avoiding the activities which put the most stress on the arms, reducing the weight lifted by the involved arm, and attempting to modify athletic activities to those which may put less stress on the involved arm.
Moist heat may make the arm feel more comfortable.
Icing the shoulder three or four times daily may help role reduce inflammation, particularly after sports or stress on the shoulder
Physical therapy: may play a role in maintaining or improving range of motion and strength, but may in some circumstances aggravate the pain from arthritis - so its role should be reevaluated if it is a source of aggravation of pain.
Non Steroidal Ant-inflammatory Drugs (NSAIDS) such as ibuprofen, naproxen, or aspirin can be effective over-the-counter medication. These medications can irritate the stomach, and most people should take them with meals. Prescription anti-inflammatory medications are also available, and may be more convenient in dosages require, have fewer side affects, and be better tolerated. In any event, your doctor should be made aware of any medications you may be taking, and the role of potential interactions.
Dietary Supplements, such as glucosamine or chondroitin sulfate. While some patients find relief with these, there is little scientific evidence of the role or value of dietary supplements in arthritis treatment. In addition, the FDA does not regulate these supplements, and there may be interactions with other medications you are taking. Consultation with your physician is recommended before taking dietary supplements.
Injection of corticosteroids (cortisone) may help a role to treat the inflammation inside the joint. While there is often little risk associated with a joint injection of cortisone, its effects, if positive, may not be long lasting. In addition, patients who have diabetes may see a rise in blood sugar for a variable period of time after a cortisone injection
Injection of Viscosupplementation: These synthetic compounds such as hyaluronic acid and derivatives are similar in structure to normal joint fluid. They are injected into the joint in an effort to increase lubrication of the joint. These compounds are expensive and are approved only for use in the knee, the joint in which the most medical experience has been obtained. There is little information about whether there is any role for these compounds in the treatment of shoulder arthritis.
If non operative treatment is not effective, your doctor may discuss surgical options:
Arthroscopy: this is a minimally invasive operation requiring anesthesia, in which a small camera is placed inside the joint through a small incision. Through another incision, small instruments can be brought inside the joint to manipulate tissue.
Arthroscopy of the shoulder to remove loose fragments of cartilage and bone in the joint (debridement) may play a role in early arthritis when there is little damage to the joint surface. This does not eliminate arthritis, but can be helpful in removing loose pieces of tissue which are irritants. The benefits may be minimal, subjecting the patient to an operation and anesthesia, with essentially no role in effectively treating the symptoms when arthritis is advanced.
Shoulder Replacement - this is an operation, similar in concept to hip or knee replacement, in which implants made of plastic and metal are placed to create new joint surfaces. During this operation, which requires an incision as with all open surgery, the arthritic ball is removed and replaced by a metal ball (prosthesis) that attaches to a metal stem that goes inside the upper humerus bone (similar to the way in which ice cream sits on top of a cone). The arthritic socket is covered by a smooth plastic socket, also called a prosthesis. It is the smooth metal ball moving on the smooth plastic socket that relieves pain. The most common shoulder replacement operations include:
Total Shoulder Replacement: both the arthritic ball and the arthritic socket are given new surfaces. Similar to a natural shoulder the prosthetic ball rests against the plastic socket, and is dependent on the patient’s own muscles and tendons (the soft tissues) for motion and stability.
Fig. 4 & 5: (left) X-ray showing anatomic total shoulder replacement; (right) The Comprehensive Primary Shoulder System designed by HSS surgeons
Hemiarthroplasty: the ball is replaced but not the socket. This has its greatest use in the situations where the articular cartilage of the socket is either normal or shows minimal damage, and is much less frequently used than a total shoulder replacement.
Reverse Shoulder Replacement: so named because the metal ball is placed on the patient’s socket, and the plastic cup is placed on top of the upper humerus. This procedure is used when the patient’s own soft tissues are not healthy enough to move the joint replacement or keep it stable. It has its greatest use in the types of arthritis in which both the rotator cuff tissue is severely damaged or absent and the joint is severely affected by arthritis.
Fig 5 & 6: (left) X-ray showing severe arthritis of the shoulder area with complete tear of the rotator cuff;
(right) X-ray after reverse shoulder replacement - the reverse of the anatomic shoulder replacement -
designed HSS surgeons
Because the shoulder has the widest range of motion of any joint in the body, recovery from injury, damage, or surgery is frequently aided by rehabilitation and physical therapy, either to improve or maintain motion, or to foster improvements in strength.
As in all areas of orthopaedic surgery, the future continues to be bright for treatment options in shoulder arthritis. At HSS, considerable time and effort is dedicated to improving outcomes and treatment methods to offer our patients with arthritis. Areas currently being investigated include:
attempting to understand why arthritis develops in an effort to apply our knowledge to its prevention
new medications by mouth - or other means of administration - to treat the varied arthritic conditions
joint lubricants, similar to those used in the knee, are being studied
joint replacement surgery, including ongoing investigation of designs and materials, and understanding how these can be improved
biologic materials to restore articular cartilage surfaces on a joint or to encourage or engineer more normal tissue when the joint is damaged, to foster new growth and promote healing
Hospital for Special Surgery, through its basic science and clinical research efforts, continues its leadership role in Orthopaedic and Rheumatologic advances.
While less common than hip or knee arthritis, shoulder joint arthritis can be equally disabling and have a significant impact on quality of life.
Fortunately there are both effective non-operative and operative treatments, depending on the severity and degree of disability, which makes this disease one which is compatible with a productive, healthy, active life.
Edward V. Craig, MD, MPH - Emeritus 5/15
Sports Medicine Institute
Shoulder Replacement Surgery: Diagnosis, Treatment, and Recovery
Arthroscopic Repair of Rotator Cuff Tears
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Chibuike Rotimi Amaechi
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Variety Key to Succeed in T20 Cricket: Varun Aaron
Rajasthan Royals pacer Varun Aaron has said that in this challenging moment where the batsman is changing swiftly, bowlers should also come with new tricks and techniques.
Rajasthan Royals pacer Varun Aaron feels the gentleman’s game is changing swiftly as batsmen today have many innovations in their kitty to cope with the bowlers. As a result, he feels that the bowlers should also come with new tricks and techniques, a thing he has focussed on in recent times. After being on the bench for most of the first half, Aaron bowled a magnificent spell against Kolkata Knight Riders (KKR) and played an instrumental role in his side’s three-wicket win. The Jharkhand pacer hogged the limelight after bowling an excellent inswinger to get rid of KKR opener Shubhman Gill, who was completely beaten by a brilliant in-swinging knuckleball.
The delivery from Aaron took a sharp turn and crashed into the stumps after taking a slight edge from Gill’s bat. Aaron felt the variations in his bowling is a result of his hard work and the better understanding of the game. Speaking to IANS, the 29-year-old admitted that not featuring in the IPL last year helped him improve his bowling variations. “I think not playing IPL previous year really benefitted me. I used to do these (variations) all things before but as I had to play regular cricket, I didn’t get enough time to perfect it to the degree I wanted. Playing county cricket last year and getting a lot of time from the mainstream Indian cricket gave me that time and platform to practice and perfect my variations.
“I really enjoyed my time with Leicestershire. Yes, I am looking to play more county cricket,” he added. Aaron also believed the game of cricket is changing and along with the batsmen, bowlers also need to emerge with innovative ideas. “My bowling has evolved in the last year. The game is changing rapidly as batsmen are coming with innovative shots and I feel the bowlers also need to step up and should have tricks under their sleeves, a thing which I have worked on since a while and I am glad it is coming out well now,” he revealed.
Asked about not being given enough chance in the playing eleven of the Royals, Aaron said: “Yes, I was given a chance after ten games and was really looking to play since the start of the season. I did get a game before but just bowled one over. I was waiting for this chance and had been preparing for a long time.” Speaking on the wicket of Gill, which grabbed everyone’s attention, he said: “I just stuck to the basics and knew the Eden (Garden) wicket was going to suit the way I bowl because there was the pace and carry. I bowled a knuckleball as I knew it would swing with the new ball. I had been bowling it for quite some time. I just feel that it happened at the right time and the wicket also helped.”
Aaron however, didn’t look disappointed after not getting much chance. “I wouldn’t say I was disappointed as in any team the management thinks of certain permutations and combinations to win a game and if they thought of making other guys play, that is fine because at the end of the day it is their call.” “I still feel we have a good chance to qualify and if I can play a major role in making my team win the trophy, missing the first ten matches wouldn’t matter,” he added.
The Royals had switched captains mid-way during this season as Ajinkya Rahane had to make way for Steve Smith but Aaron said their below-par performance was not because of leadership.
“Both Smith and Rahane are really good captains. We didn’t do well in the first half and I don’t think that was because of the leadership issue. We lost games by small margins and a captain can’t control that,” he explained.
Indian Premier LeagueIPL 2019latest sports newsRajasthan RoyalsVarun Aaron
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Music | JAZZ NOTES
New acts see good results off the beaten path
by Sean Smith
Special To The Japan Times
Online: Mar 11, 2014
Last Modified: Mar 11, 2014
Jazz is a form of music that was born out of live performance, and fans in Japan are certainly spoiled for choice when it comes to places to see jazz gigs.
With that blessing of choice, however, comes a catch. There’s an argument that the jazz circuit these venues are a part of is a bit too insular and doesn’t allow musicians to get their music out to a wider audience.
First, many of the venues are intimate — meaning pretty small. Playing to a sell-out crowd may mean a group of just 25-30 people. Add to that the fact that most of these small independently run venues have virtually no marketing budgets, so the audiences at these gigs will either be club regulars or die-hard fans of the artist.
An intimate atmosphere can be fantastic, but it’s not exactly the most effective way for artists to promote a new release or try to build a fan-base.
The music policies of some of the venues can also be problematic. A lot of clubs will only book straight-ahead piano trios, or vocalists who perform only the most popular standards or bossa nova-style pop tunes that are easy on amateur ears. There’s definitely a market for this kind of music, but sadly it’s the main reason jazz is seen as easy-listening tunes for older people (and stereotypical old people at that, today’s seniors grew up with rock ‘n’ roll!).
Thankfully, a number of acts are actively seeking the young and young-at-heart. Crossover acts such as Soil & “Pimp” Sessions, Quasimode, indigo jam unit and Fox Capture Plan (recently honored at the Jazz Japan Awards 2013) have attracted younger crowds to their gigs and have had hit albums, too. Other similar acts such as Tri4th, Jazz Collective and bohemianvoodoo are also proving jazz can still resonate in modern ears.
So how are these acts reaching newer audiences? To start with, they mainly perform their own material — and any standards they do perform are often given a much more contemporary arrangement. Consequently, the music sounds fresh and relevant, even appealing to fans who may otherwise shun anything to do with jazz.
Other things that have helped these acts include having a record company that both understands and backs their ambitions, or having a well-known club DJ pick up and actively promote the artists via club events.
More than anything else, though, the key to success for these groups has been where they play their stuff live. Rather than sticking to the traditional jazz circuit and festivals, these bands show up at events and venues more associated with rock or pop acts, resulting in a new crowd that even has some space to dance.
A few of the bigger venues on the circuit have taken notice of this trend. Subsequently, they have been trying to adapt to the new environment in some positive ways.
The Blue Note group of venues is booking an increasing number of younger, hipper acts both from Japan and overseas in addition to its roster of well-established older artists that frequently play its clubs. The customer base is changing as a result.
Likewise, JZ Brat in Shibuya sometimes hosts “club style” nights with acts such as those mentioned above, plus a DJ or two. Tables are removed so that patrons can dance — though maybe someone should get them up to speed on the current antidancing laws plaguing the electronic music scene.
All this doesn’t mean traditional jazz clubs are no longer relevant, though. Far from it, gigging in the smaller clubs presents a lot of musicians with the chance to further hone their craft, work on new compositions and play some of the standards they might not perform elsewhere.
But if jazz artists in Japan really want to reach out to a wider audience, they will need to step out beyond the traditional circuit and seek out shows at other venues as well.
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jazz, venues, clubs
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In this photo dated May 31,Philip W. Errington holds the original map of Winnie-the-Pooh's Hundred Acre Wood by E H Shepard. Shepard's 1926 hand-drawn original map sold at auction in Sotheby's in London on Tuesday for £430,000, a record price for a book illustration. | YUI MOK / PA / VIA AP
Original 1926 Winnie-the-Pooh illustrated map breaks auction record at £430,000
LONDON - The original hand-drawn map of Winnie-the-Pooh’s Hundred Acre Woods has sold at auction for £430,000 ($571,000), a record price for a book illustration.
E.H. Shepard’s drawing sold at Sotheby’s in London on Tuesday for almost three-times its pre-sale estimate.
Shepard’s 1926 sketch features beloved characters including Pooh and Christopher Robin, and landmarks including “Bee Tree” and “Eeyore’s Gloomy Place.”
It was last sold in 1970 for £1,700.
Shepard’s illustrations helped cement the popularity of A.A. Milne’s “bear of very little brain” and his woodland friends. In 2014, an ink drawing of the characters playing the game poohsticks sold for a then-record £314,500.
The map and four other Shepard Winnie-the-Pooh illustrations sold for a total of £917,500 at Tuesday’s auction.
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auction, Winnie the Pooh, Sotheby's, E.H. Shepard
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Brandeis Alumni College Discussion
Posted by Jessica Tobacman on October 9, 2018
After taking a break from writing for the Musical Notes blog during August and September to focus on leading High Holiday services at Joliet Jewish Congregation, I’m back in blogging business.
Before Rosh Hashanah (the Jewish New Year) and Yom Kippur (the Day of Atonement) took place in September, Alumni Weekend at my alma mater, Brandeis University, occurred from June 8-10 and included a roundtable on, who else? Leonard Bernstein.
It covered one of the musicals he wrote, West Side Story, and opened with a beautiful live performance of the song, “Somewhere,” by Theater Arts colleagues Adjunct Associate Professor Nancy Armstrong on vocals and accompanist Todd Theriault on piano. This was followed by a panel discussion among Neal Hampton, Associate Professor of Music and Director of the Brandeis University Orchestra; Carina Ray, Interim Chair and Associate Professor of African and Afro-American Studies; Robert Walsh, Associate Professor of Theater Arts; and moderated by Ingrid Schorr, Director of the Office of the Arts at Brandeis University.
Hampton raved about West Side Story, and provided a detailed description of its music. Walsh commented largely on the choreography in the musical. Ray’s analysis of the musical was a good balance to the positive reaction to West Side Story by the other two panelists, as she commented on interracial relationships in a colonial context, and how the musical included a story of immigration, the unequal relationship between Puerto Rico and the U.S., a turf war, women as property (how Maria “belongs” to Bernardo), and lyricist Stephen Sondheim and Bernstein’s small amount of actual research into Puerto Rican music (besides going to a gym where a social organization was trying to bring two opposing gangs together).
Ray commented that depictions of Puerto Rico and its citizens in West Side Story have been a cultural touchstone for those in the United States, regarding how they have come to think of Puerto Rico and its citizens during the 60 years that the musical has been in existence. Discussing the disastrous Hurricane Maria that hit the island of Puerto Rico in 2017, killing 3,057 people, Ray noted that the minimal reaction to the hurricane by the U.S., the nation it belongs to, can partly be attributed to images of Puerto Rico as “backwards” in works such as West Side Story. “They can ‘literally’ be matters of life and death,” she said. She then quoted Oscar Wilde, who once said, “Life imitates art far more than art imitates Life.”
If you’re interested in viewing the roundtable online, click here.
Young People’s Concerts
Posted by Jessica Tobacman on July 16, 2018
Music names our deep feelings, even when we can’t find the words to label them, Leonard Bernstein said in his first Young People’s Concert, originally televised by CBS on Jan. 18, 1958, in partnership with the New York Philharmonic. “The meaning of music is in the music, the rhythms, the notes, the way the notes move. You’ll find out the meanings themselves just by listening to it.”
Bernstein’s explanation of the meaning of music to young people implied that, even if a story line was supposed to offer a narrative for a piece, the basic understanding of that piece was in the notes themselves.
“Music is never about anything. It just is. Music is beautiful notes and sounds put together in such a way that we get pleasure out of listening to them,” he said.
The two-year worldwide celebration of Bernstein’s 100th birthday continues until Aug. 25, 2019.
Bernstein on TV
Posted by Jessica Tobacman on June 14, 2018
Leonard Bernstein’s book, The Joy of Music, contained not only imaginary conversations, but also television transcripts from the show Omnibus. They covered “Beethoven’s Fifth Symphony,” “The World of Jazz,” “The Art of Conducting,” “American Musical Comedy,” “Introduction to Modern Music,” “The Music of Johann Sebastian Bach,” and “What Makes Opera Grand?”.
One concept Bernstein returned to throughout these shows is the idea of the “inevitability” of the next musical note and phrase. Beethoven wrote and re-wrote the musical themes for his symphonies (89-91); he had to figure out what would arrive next. This makes it seem, ironically, as if what he composed was not inevitable. After all, he had many choices for each note and rhythm. So, what makes the final phrases appear as if they were the only possible musical conclusions?
As Bernstein depicts Beethoven’s drafts in The Joy of Music, he shows us notes with multiple cross-outs and re-writes. We realize that it’s only due to Beethoven’s extensive work composing that the final products seem inevitable. If Beethoven had stopped anywhere along the line, then the end products might not have sounded inevitable to listeners at all.
Bernstein contrasts Beethoven’s work with an image from an Igor Stravinsky score, which the author notes, “looks almost as beautiful as it sounds” (92). “But Beethoven’s manuscript looks like a bloody record of a tremendous inner battle” (93). Bernstein called him “a builder,” someone “always probing and rejecting in his dedication to perfection, to the principle of inevitability” (105).
Bernstein also described this quality as “rightness- that’s the word! When you get the feeling that whatever note succeeds the last is the only possible note that can rightly happen at that instant” (29). So, the idea that Beethoven scribbled, wrote, re-wrote his symphonies until they were “right,” makes much more sense.
Perhaps the path to “rightness” is a different one for different composers, or maybe only certain composers achieve this quality. Bernstein goes so far as to compare Beethoven almost to G-d. Although I wouldn’t go that far, I’d certainly recommend this book as a good read for anyone interested in honoring Bernstein during the current, two-year, worldwide celebration. For more information, check-out the “Leonard Bernstein at 100” web site: https://leonardbernstein.com/at100. The festival commemorates the composer, music educator and humanitarian with more than 2,500 events worldwide. G-d speed, Bernstein.
Tune in here next time for reviews of the cultural icon’s Young People’s Concerts with the New York Philharmonic.
“The Joy of Music”: Gershwin & Bernstein
Posted by Jessica Tobacman on May 14, 2018
In Leonard Bernstein’s The Joy of Music, the author’s wide-ranging roles, including those of composer, inform his opinions. One of the topics he writes about is George Gershwin, even having one of his characters, the Professional Manager (P.M.) ask lightly, “What other George is there?” (55). Bernstein and the P.M. compare and contrast Bernstein’s and Gershwin’s works. “After all, George was just like you,” the P.M. says, “highbrow, one foot in Carnegie Hall and the other in Tin Pan Alley. He wrote concert music, too, and was all wound up in fancy harmony and counterpoint and orchestration” (56). Bernstein replied that Gershwin’s progression as a composer was a more natural progression than his own, “starting with small forms and blossoming out from there. My way is more confused: I wrote a symphony before I ever wrote a popular song” (57). The comparison between the two men continues, with Bernstein largely lauding Gershwin, calling him a “great, great theater composer,” even to Gershwin’s detriment: “Perhaps that’s what was wrong with his concert music: it was really theater music thrust into a concert hall” (62).
Bernstein wrote that he thought that each of Gershwin’s works was better than the previous one. Although Bernstein greatly admired the melodies of Rhapsody in Blue (1924), which United Airlines has determinedly made famous through their advertising, he wrote that the later musical An American in Paris (1951) is also a study in tunes, but an improvement upon Gershwin’s earlier works. “[Gershwin] had by that time discovered certain tricks of composition, ways of linking themes up, of combining and developing motives, of making an orchestral fabric” (59). However, it’s the opera Porgy and Bess (1935), famous for melodies including “Summertime,” that has caused Bernstein to ask, “Doesn’t it point the way to a kind of Gershwin music that would have reached its own perfection eventually?” (61). This huge compliment leads to Bernstein lamenting Gershwin’s death. “What he would have done in the theater in another ten or twenty years!” (62) “Will America ever realize what a loss it was?”
The imaginary conversation comes back to Bernstein’s own composing. Despite knowing the general formula for a hit musical, the Professional Manager wraps up with one of his original thoughts about one of Bernstein’s shows: “Very strange. It’s a big success, the public enjoys it, it’s been running for five months, and there’s not a hit in it. How do you explain it?” he asks (53, 62).
Why is a piece of music successful? Although there may be a formula for much of it, we may never fully know.
Tune in next time for a further exploration of Bernstein’s The Joy of Music.
Leonard Bernstein’s “The Joy of Music”
Posted by Jessica Tobacman on April 19, 2018
“Leonard Bernstein at 100” is a two-year worldwide celebration of the life and career of the composer, with more than 2,500 events on six continents. There are many possible descriptors for Bernstein, including musician, educator, author, cultural ambassador, conductor and humanitarian. In Bernstein’s wide-ranging career, he found time not only to educate the public through television broadcasts of the programs “Omnibus” and the “Young People’s Concerts,” but also through books, such as The Joy of Music, Leonard Bernstein’s Young People’s Concerts, Findings and The Unanswered Question.
As part of this major celebration, it seems pertinent to revisit some of Bernstein’s works, beginning with The Joy of Music (Amadeus Press, 2004). The first half of the book includes a series of imaginary conversations among characters including Younger Brother, Lyric Poet, Bernstein himself, Broadway Producer and Professional Manager, addressing topics of “Why Beethoven?”, “What Do You Mean, Meaning?”, “Whatever Happened to that Great American Symphony?”, and “Why don’t You Run Upstairs and Write a Nice Gershwin Tune?”.
Bernstein’s many different roles in life led him to come to a wide variety of revelations about music. His background as a music educator informed his thoughts about music history. These include the ideas that, “All music must begin in the theater, historically speaking. … Music first arises attached to words and ideas. There is no folk music, to my knowledge, that is abstract. It is music for working to, or for dancing to, or for singing words to. It is always about something” (44). Music originated as folk music for various functions in people’s lives, including praying, life cycle events including weddings, other celebratory events, for healing, and for working.
The development of music included operas growing from small to large, and church motets becoming cantatas and large requiems. “Now musical idioms have become familiar; and the procedures of Western music are enough alike so that the music can be separated from the words or the ideas or the concepts – that is, from the theater- and can exist for the audience in its own right” (45). Now, we have different forms of music: not only operas by Mozart, but also symphonies, and not only Passions by Bach, but also his preludes and fugues. Certain types of music developed into others. Bernstein called the church, “the greatest theater of them all” (44), concluding that, “in short, the audience had grown up with the music in the theater, and had reached the point where they could relate to the music without the theater” (45). In other words, the churchgoing audience itself developed from a group that expected music to include lyrics, to one that also became interested in and receptive to instrumental music outside of houses of worship.
This brief overview of folk and church music is only a taste of the topics Bernstein included in The Joy of Music, some of which are discussed here.
Tune in next time for a comparison of the music of George Gershwin and Bernstein.
Music’s Healing Power
Posted by Jessica Tobacman on March 14, 2018
Violinist for the L.A. Philharmonic, Vijay Gupta, spoke about “The Power of Music to Heal” at Wentz Concert Hall in Naperville, Ill., on Feb. 27. The free, sold-out talk was sponsored by ARTSpeaks, a grassroots group focused on arts advocacy in Naperville. It began with Bach solo music, unaccompanied, and Gupta joked with the audience that, that was what they had signed up for.
Gupta made his debut with the Israel Philharmonic as a child, appeared on Oprah’s talk show when he was 8 years old, and toured as a soloist internationally, including in Israel and Germany.
He took the SATs when he was 12, and began college when he was only 13 years old. He graduated from Marist College, “fell in love with cell biology,” and working in a lab at Harvard, studying Alzheimer’s, discovered his fellow researchers “were bigger music nuts than I was.”
However much science appealed to him on a certain level, and how little he wanted to disappoint his family members, Gupta heeded the advice from a colleague that, “You need to do what makes you leap out of bed in the morning.”
He earned a violin performance Master’s degree from Yale, and in 2007 at 19 years old, auditioned for the Los Angeles Philharmonic. The conductor at the time, Esa-Pekka Salonen, awarded Gupta a position with the internationally-renowned orchestra. Gupta’s father moved to L.A. with him, as the condition upon which the gifted musician could accept his job offer.
Gupta eventually became the violin teacher of Nathaniel Ayers, a former Juilliard student with a severe mental illness who ended up homeless in Los Angeles. Gupta visited Skid Row, an area of downtown Los Angeles with one of the largest stable populations of homeless people in the United States, of between 5,000 and 8,000 individuals. This visit led him to wonder, “How many more Nathaniels were out there? It was in meeting Nathaniel that I began to understand that it was about more than playing live music for audiences in a concert hall.”
Gupta started the program, “Street Symphony,” as a 2011 TED Senior Fellow. Street Symphony is a non-profit group that “places social justice at the heart of music-making. Our community creates opportunities for musical engagement and dialogue between world-class musicians and people disenfranchised by homelessness, incarceration, and poverty in Los Angeles County,” states the Street Symphony web site, http://streetsymphony.org/.
Next during his talk in Naperville, Gupta played a video about the orchestra. The video included an interview with Reena Esmail, a composer-in-residence with the Street Symphony, who said, “Music isn’t just a form of entertainment, it’s a lifeline.”
Gupta then played a violin version live of the piece that Esmail composed for Street Symphony, “Take What You Need,” which was originally written for choir and audience in a call-and-response format. “We need to embrace art as a public health tool now,” Gupta said. “In a world where we are human doings, not human beings, the arts give us a place to be.”
The organization has played more than 350 concerts for the Skid Row community, with an average of 125 attendees each.
“How do we show up for this community without our instruments? That’s the challenge,” Gupta said.
9 reasons why teens should study music
In one study, “Music training alters the course of adolescent auditory development,” Northwestern University researchers studied the affects of in-school music training on adolescents, discovering that it improves sound processing and language skills.
Specifically, compared to those who don’t study music, musicians tend to show enhanced:
1. ability to perceive speech in noise,
2. verbal memory,
3. language skills, and
4. reading abilities.
Musicians tend to:
5. respond to sound faster and
6. differentiate speech sounds to a greater extent.
According to the study, adolescents who study music in school
7. maintained higher neural consistency throughout high school and
8. showed the cortical responses of an adult earlier, suggesting that in-school music accelerates neurodevelopment.
9. These changes seem to benefit literacy skills. Although the two groups of high school students in the study both improved in language awareness relative to the general population, the music training group improved more.
Click here for a link to the full study write-up: http://www.brainvolts.northwestern.edu/projects/music/index.php
Memorizing “Hamilton”
I used to dread memorizing songs. Then I realized that I was already doing this—for fun. Listening to pop music on the radio or the recording of “Hamilton” in the car, memorizing was a blast, a way to get to know a piece and a character better, and to take the notes with me when the piece ended. It was only when I sat down with a score and had to learn a piece for a purpose that it became a chore. It was all in the mentality.
To avoid thinking of memorizing as a difficult issue, start out by selecting music that you like and want to listen to repeatedly. This repeated listening will make a huge difference in your ability to take the music with you after the recording ends.
For vocal music, learning music written in a language you already know is going to be easier than translating a piece composed in a strange language. Memorizing a song from the musical “Hamilton,” for instance, is much easier than picking an Italian aria from Mozart’s “Le nozze di Figaro” [“The Marriage of Figaro”], if you’re a native English speaker, and your knowledge of Italian is more limited. (If you grew up learning Italian, however, or are immersing yourself in it at a young age, then you’ve got an edge on someone else struggling to pick out the individual words of “Deh vieni non tardar” later in life.)
To learn Angelica’s toast in “Hamilton,” for example, I recommend listening to the soundtrack and singing along with it, rewinding for any words you miss, and getting a copy of the score. It’s also a decent idea to buy or borrow a copy of “Hamilton: The Revolution,” a book written about creating the musical that has the text of each of the songs. Then, of course, you also need to sing through the piece on your own to make sure you know it, and work to make it your own.
If you have a visual memory, you can also sit down with a score and stare at it, learning it phrase by phrase, as you hear it in your head. Study a phrase; hear it; cover it up with your hand; sing it through in your head. Go on to the next phrase and repeat.
Write down what you know about the character, including her likes and dislikes. In the case of Angelica, write about her emotions about Alexander Hamilton’s marriage to her sister, and the reasons why she introduces Eliza to Hamilton, rather than dating him herself. Rewrite the song in your own words to make it your own.
Part of researching a character is differentiating between her portrayal on the stage and her personal history in real life. What are the differences between the ways that Lin-Manuel Miranda wrote Angelica for the stage and the ways she acted in real life? She was already married in reality when she met Hamilton, but for dramatic effect, Miranda created a love triangle between her, her sister and Hamilton. Her toast, “Satisfied,” is about a dilemma created for the stage. This type of personal character history is what singers need to research to create an accurate portrayal. Knowing this background is what will give you a leg up in an audition, not to mention making it easier for you to memorize a song.
A song is part of a larger character arc. Learning about the entire arc, including where the character is mentally and emotionally at the beginning and ending of a larger work, will help you learn about the intention behind a song and the purpose of a piece. This will help you portray a character’s actions better, too. Out of authenticity can come hand or arm movements that help an audience understand your character better, movements that will add to a character, instead of seeming extraneous and detracting from your portrayal.
One of the dangers of learning a song by listening to one recording of it is that, that’s the only way you can picture it sung. It becomes harder to make the piece your own this way. At this point, there’s more than one recording of the songs from Hamilton. Although it can be fun to listen to one recording over and over, it will help your interpretation of a piece to sample different ones.
Learning the words to a song is always easier when you know what you’re saying. If you’re singing in a language other than English, get a good dictionary, or become familiar with Google translate or IPA Source, and write down the word-for-word translation underneath the text in a score.
Think about the motivations behind a song. In an opera like Marriage of Figaro, think about the overall character arc and where the piece falls within the opera. What is the character thinking about and feeling when they’re singing? How does each phrase advance the song? Where is a character emotionally before and after they sing a piece?
I often find that singing or playing a piece on the piano helps me think through a problem. Is this true for you, too? Characters may be the same way: as they sing about an issue, the music helps them move from point A to point B. Find ways to connect with them, and you’ll find that memorizing their words will be that much easier. Great composers like Miranda and Mozart have given you material worth performing. It’s your job to bring their phrases off the page and onto the stage. Go forth and memorize.
10 things to do before lunch to keep your mind active
Posted by Jessica Tobacman on March 6, 2017
1. Sing. Open your mouth and sing your favorite tune. Then, do it again. Listen to a recording and then sing your song again. Think consciously about how you want to sound. Listen to a different recording, and compare it to the first one and to how you were singing. Keep trying to improve your interpretation and see what you can do.
2. Write. Open up a Word document, a journal, or compose an email to yourself. You might be surprised what you come up with.
3. Watch a free webinar. Google a favorite topic like music and see what you can learn.
4. Move. Go for a walk, inside or outside. Light exercise can change your mindset and give you a different perspective on the day.
5. Go outside, or at a minimum, look through a window. There’s a whole world out there to remember and explore.
6. Make up a rhyme. Pick a word and go on from that. Then create a second one.
7. Read. Pick up a book or magazine, or open a browser and read Google news to expand your thoughts for the day.
8. Meditate. Sit back, close your eyes, and listen to the world around you.
9. Have a conversation. Reach out to a friend, relative or someone you haven’t spoken to in awhile to get their perspective on life, meaning, or current events.
10. Laugh. Google your favorite comic (Amy Schumer, Mindy Kaling and John Oliver are three of my favorites) and start your day off with some humor.
Classical Singer magazine article
Posted by Jessica Tobacman on January 5, 2017
Happy New Year! Hope that it’s peaceful and musical.
Check-out the first part of my new article here and more on Classical Singer magazine’s web site: “In 2004, the Royal Opera House made headlines by dropping the dramatic soprano Deborah Voigt from the cast of Richard Strauss’ opera Ariadne auf Naxos because she couldn’t fit into the little black dress assigned as her costume for the production.” (Paywall)
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Madani: Extremist Group Actions “Cannot be Associated with Any Religion”
Iyad Madani, the Secretary-General of the Organisation of Islamic Cooperation (OIC), reaffirmed at IPI the Muslim world’s commitment to religious tolerance and human rights and sought to distance Islam from the recent violent actions at the hands of extremist groups across Africa and the Middle East.
Speaking to an overflow IPI audience on September 19th on “The Role of the OIC Today: Challenges and Opportunities,” Mr. Madani, who took office in January 2014, discussed topics ranging from sectarian strife to the Arab-Israeli conflict, the Islamic State, and inter-faith dialogue, and challenged what he called misinformation concerning Islam and Muslims around the world.
He said that although groups such as Boko Haram and the “Islamic” State claim to act according to Islamic precepts, Islam shares no commonality with them.
“As these groups carry out their heinous terrorist activity, they are claiming justifications in the name of Islam,” he said. “[But] there is nothing that can be further from the truth. This craziness cannot be associated with any religion and it has to be examined carefully.”
The Islamic State, Mr. Madani said, has killed more Muslims than any other denomination, and its persecution of Christians and other minorities only helps emphasize the criminal nature of the group. Unfortunately, Mr. Madani said, the group’s actions have only contributed to more religious and ethnic polarization.
“We live in a world that is increasingly polarized along the lines of ethnicity, race, and religion,” Mr. Madani said. “[And w]hen it comes to Islam, one could unmistakably note that…Muslims are stigmatized, singled out, and associated with a culture of backwardness, violence, and terrorism.”
The actions of such groups are tainting the reputation of Islam, he said, despite the fact that religion is simply being used as a political and legitimizing tool. But knowing that, he added, is already an advantage.
“They are now claiming legitimacy from an Islamic point of view,” he said. That means that “[we] should hit them at [that] legitimacy.”
In addressing the violent actions of the Islamic State, Mr. Madani also assessed the current political situation in Iraq. The country, he said, is grappling with the aftermath of more than a decade of war and the legacy of a US invasion that completely dismantled the Iraqi state. In a way, he said, what we are seeing today in the country is a direct result of the decisions taken then by the US administration.
“The post-invasion phase saw one of the most amazing episodes in which the decision was made to dismantle the [entire Iraqi] bureaucracy,” he said. “Iraq was simply left in a big huge void.”
That created a tense atmosphere in the country, he said, with people losing the feeling of national identity and resorting to ethnic and sectarian partisanship. “That sectarian identity was encouraged, and eventually it ended in the violent Iraq that [has] never had a stable moment in the past years,” he said.
As for the Arab-Israeli conflict, he said the conflict over Palestine can be resolved, but that Israel and its supporters ought to make a real and firm commitment to peace.
While assessing the most recent war—the 50-day conflict that broke out in July 2014 between Hamas and Israel, killing over 2,000 people on both sides—Mr. Madani said that, overall, the actions of Israel have largely been unjustifiable.
“We consider the Israeli action in Gaza as brutal,” he said. Usually, when a conflict takes place, people can flee—that is why you have refugee camps, he said. But in the case of the Gaza war, he argued, Palestinian refugees had no place to go. “Gaza is just a big prison,” he said.
The current situation, he said, is an unnecessary one and one that can and should be solved soon.
“We have the means to end the conflict [and] we must muster the political will [to do so],” he added. In that regard, he chided the United States for failing to provide that political will and criticized the US decision to oppose a UN Human Rights Council resolution launching an investigation of the Gaza conflict.
On the Islamic State, he praised the international coalition rallied by the Obama administration, but noted that a military response won’t suffice. What is needed, he said, is a strong political effort that can rebuild Iraq’s political institutions, bureaucracy, and national identity. “That is the real environment that will dig deep in the roots of Da’ash,” he said, referring to the Islamic State.
With regard to extremism more generally, Mr. Madani said that key contributing factors such as poverty and social exclusion ought to be at the forefront of the international response. That is what creates an environment for recruitment, he said, as young people look for a sense of hope and belonging which they end up finding only within violent, extremist organizations.
Mr. Madani also discussed women’s rights, gender equality, and Islamophobia, all issues at the center of the OIC’s work today.
The discussion was moderated by IPI President Terje Rød-Larsen.
Watch event:
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IRI Honors Recipients of Distinguished Award for Best Journal Article
Industrial Research Institute Wednesday November 20, 2013 9:00am
2013 Maurice Holland Award Presented
San Jose, CA (November 20, 2013) – The Industrial Research Institute (IRI) announced yesterday the winners of its prestigious Holland Award during a reception and dinner at its Future Summit in San Jose. The award, given to those who exemplify originality of new management concepts in articles published in IRI's journal, Research-Technology Management (RTM) went to Bill Crandall, Paul Henderson, Alan MacCormack, and Peter Toft.
The authors were honored for their article,” "Do You Need a New Product-Development Strategy? Aligning Process with Context," published in the Jan-Feb 2012 issue of Research-Technology Management.
“This article presents a fascinating framework for implementing multiple development processes tailored to different product-development contexts,” said Jim Euchner, RTM Editor-in-Chief. “It is an outstanding example of quality and practical usability of research that we strive to publish.”
The Holland award is named after IRI's founder, Maurice Holland. Selection of the Holland Award recipients is made by the RTM Board of Editors. The award, established in 1982 to foster excellence in research, is given based on:
• significance to the field of R&D, technology and innovation management;
• originality of new management concepts; and,
• excellence in clarity of presentation.
About the Holland Award Recipients
Bill Crandall is Principal of Clarify LLC, a boutique strategy consulting firm that works with senior leaders who need rapid but comprehensive strategy development tied to measurable execution plans. Bill’s experience spans the for-profit and non-profit worlds, including serving on the boards of Teach for America, Village Harvest, and Atkinson Foundation. Bill holds degrees from Princeton and MIT.
Alan MacCormack is the MBA Class of 1949 Adjunct Professor of Business Administration at Harvard Business School. His research examines the management of innovation and product development in high-technology industries, with a particular focus on software. Alan’s research has been published in a variety of leading journals including Management Science, Research Policy and Harvard Business Review. Alan holds a DBA from Harvard Business School, an MSc from MIT's Sloan School of Management and a BSc from the University of Bath in England.
Peter Toft is Director of Engineering for the Compute Service in Hewlett-Packard’s Public Cloud. Prior to this, he led research in HP Labs on secure cloud Infrastructure as a Service and managed real-world cloud technology trials such as the HP SE3D, a cloud-based service for digital media production. Peter holds a BA in physics from Oxford University and an MSc in information engineering from Bristol University.
Paul Henderson is Managing Director of Clarify LLC. Paul spent 20 years at Hewlett Packard in a variety of management roles in product development and strategy. He has deep expertise in intellectual property, new business creation and competitive positioning. Paul was named “One of the world’s top IP strategists” by Intellectual Asset Management magazine in 2013. Paul holds an MBA from the UC Berkeley Haas School of Business an MBA from the Columbia Graduate School of Business and a degree in Chemical Engineering from the University of Washington.
About the Holland Award Short List
The candidates for the 2013 Holland Award were quite diverse offering new innovation models, insights on emerging markets, case studies from a variety of industries and contexts, and in-depth discussions on essential tools for managing innovation. RTM’s 2013 Holland Award Short List included:
Ted Farrington, Keith Henson, and Christian Crews. “Research Foresights: The Use of Strategic Foresight Methods for Ideation and Portfolio Management.” March/April, pp. 26–33.
Robert G. Cooper and Scott J. Edgett. “Best Practices in the Idea-to-Launch Process and Its Governance.” March/April, pp. 43–54.
Chris van der Hoven, David Probert, Robert Phaal, and Keith Goffi n. “Dynamic Technology Leadership: The Adaptive Role of the CTO.” September/October, pp. 24–34.
David Edwards. “Innovation Adventures Beyond the Core.” November/December, pp. 33–41.
Bruce Vojak, Raymond Price, and Abbie Griffi n. “Serial Innovators: How Individuals Create and Deliver Breakthrough Innovations in Mature Firms.” November/December, pp. 42–48.
Irene Petrick and Russ Martinelli. “Driving Disruptive Innovation: Problem Finding and Strategy Setting in an Uncertain World.” November/December, pp. 49–57.
To receive a copy of the winning RTM article, please contact Michele Taussig at taussig@iriweb.org.
About the Industrial Research Institute (IRI)
The Industrial Research Institute (IRI) is an organization of 200+ industrial and service companies having a common interest in the effective management of technological innovation. IRI member companies span diverse industries and represent a substantial portion of our nation’s gross domestic product. IRI is the only cross-industry organization creating innovation leadership solutions and best practices in innovation management developed through collaborative knowledge creation. For more information, call 703-647-2580 or visit www.iriweb.org.
Industrial Research Institute Envisions the Future of R&D
Monday November 18, 2013 5:45pm
IRI Hosts Leading Minds in Innovation at Future Summit in San Jose, CA ARLINGTON, VA (November 18, 2013) – The Industrial Research Institute (IRI), an association that brings together companies and...
IRI Bestows Distinguished Award for Paper on Design-Oriented New Product Development
Tuesday October 26, 2010 11:15am
Four authors present case study of a customer-leading approach to New Product Development Chicago, IL, October 26, 2010 - The Industrial Research Institute (IRI) announced yesterday the winners of...
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Kid 'N' Play - Bounce (1994)
House Party 3 is the soundtrack to the 1994 film House Party 3. It was released on January 11, 1994, through Select Records and consisted of a blend of hip hop and R&B. The soundtrack was the least successful of the three, making it to number 55 on the Top R&B/Hip-Hop Albums, nor was the soundtrack's only charting single "Butt Booty Naked" by AMG. Six songs on the album were performed by the film's stars, Kid 'n Play; to date it has been the last original material the group has released.
Kid 'N' Play, Select Records, Bounce
Y N-Vee - 4 Play (1994)
Subway (Feat 702) - This Lil' Game We Play (1994)
Kansas City Original Sound - Bounce (1995)
Kid 'N' Play - 2 Hype (1988)
G-Wiz - Come & Play With Me (1993)
Kid 'N' Play - Do This My Way (1988)
by KadGroove 7 months ago 1,045 Views
Kid 'N' Play - Rollin' With Kid 'N' Play (1988)
4-Fun - You Can't Play Me (1991)
by KadGroove 1 month ago 635 Views
House Party 3 is the soundtrack to the 1994 film House Party 3. It was released on January 11, 1994, through Select Records and consisted of a blend o...
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Judge Says Decision "The Death Knell" for Protection Against Self-Incrimination In Digital Age
On March 6, 2019, the Massachusetts Supreme Judicial Court issued a significant decision concerning the constitutional rights of the criminally accused. In Commonwealth v. Jones (No. SJC-12564), the SJC held that when the Commonwealth seeks an order pursuant to the SJC’s 2014 decision in Commonwealth v. Gelfgatt compelling a defendant to decrypt an electronic device by entering a password, art. 12 of the Massachusetts Declaration of Rights (which like the Fifth Amendment to the United States Constitution creates a privilege against self-incrimination), the Commonwealth must “prove that the defendant knows the password beyond a reasonable doubt for the foregone conclusion exception to apply.” The “foregone conclusion” exception, set out in Gelfgatt, stands for the proposition that if the core information is already known to the Commonwealth it is a “foregone conclusion” and would not violate the privilege against self-incrimination.
Thus, as the concurring Justice noted, the decision “sounds the death knell for a constitutional protection against compelled self-incrimination in the digital age” because now merely demonstrating that “the accused knows the device’s passcode” is sufficient for the government to seek an order requiring the defendant to “provide it with unencrypted access to a trove of potential incriminating and highly personal data on an electronic device.”
Demonstrating that an accused knows the passcode for a device found on their person would presumably be exceedingly easy for the government to do. The mere fact of possession is most of the proof needed because it’s not ordinarily the case that people have possession of mobile devices that they cannot access.
In applying this clarification in the Jones case, the SJC further held that the Commonwealth met its burden in the case and also that a judge acting on a renewed Gelfgatt motion may consider additional information without first finding that it was not known or not reasonably available to the Commonwealth at the time the earlier Gelfgatt motion was filed.
In Jones, the defendant was indicted for trafficking a person for sexual servitude, G. L. c. 265, § 50 (a), and deriving support from the earnings of a prostitute, G. L. c. 272, § 7. When it arrested him, the Commonwealth also seized a cell phone from the defendant. Its investigation led the Commonwealth to develop information leading it to believe that the contents of the cell phone included material and inculpatory evidence. A trial court granted a search warrant to search the cell phone. But the Commonwealth couldn’t access the cell phone’s contents because they are encrypted.
So the Commonwealth sought to compel the defendant to decrypt the cell phone by filing a motion for an order requiring him to produce a personal identification number access code. The main issue for the trial court was whether compelling the defendant to enter the password to the cell phone would violate his privilege against self-incrimination guaranteed by both the Fifth Amendment to the United States Constitution and art. 12 of the Massachusetts Declaration of Rights.
The trial court denied the Commonwealth’s motion, concluding that the Commonwealth had not proved that the defendant’s knowledge of the password was a foregone conclusion under the Fifth Amendment. A renewed motion also failed. So the Commonwealth sought appellate review and the SJC was asked to answer three questions:
“1. What is the burden of proof that the Commonwealth bears on a motion like this in order to establish a ‘foregone conclusion,’ as that term is used in Commonwealth v. Gelfgatt, 468 Mass. 512, 520-526 (2014)?
“2. Did the Commonwealth meet its burden of proof in this case?
“3. When a judge denies a ‘Gelfgatt’ motion filed by the Commonwealth and the Commonwealth thereafter renews its motion and provides additional supporting information that it had not provided in support of the motion initially, is a judge acting on the renewed motion first required to find that the additional information was not known or reasonably available to the Commonwealth when the earlier motion was filed before considering the additional information?”
The SJC ultimately reversed the trial court’s denial of the Commonwealth’s renewed Gelfgatt motion, and remanded the case to the Superior Court for entry of an order compelling the defendant to enter the password into the cell phone at issue.
The privilege against self-incrimination applies when the “accused is compelled to make a testimonial communication that is incriminating.” But testimonial communications “are not limited to spoken words or written statements” because “the act of producing information demanded by the government may have communicative aspects that would render the Fifth Amendment and art. 12 applicable.” The Commonwealth may, however, compel testimonial acts of production without violating a defendant’s rights where the “facts conveyed [by the act] already are known to the government, such that the individual ‘adds little or nothing to the sum total of the Government’s information.’” Gelfgatt, 468 Mass. at 522. In such circumstances, “because the facts implicitly disclosed through the act of production are already known to the Commonwealth, they are considered a “foregone conclusion” and do not force a defendant to incriminate himself or herself.”
The SJC concluded that in “the context of compelled decryption, the only fact conveyed by compelling a defendant to enter the password to an encrypted electronic device is that the defendant knows the password, and can therefore access the device.” So the state has to “establish that a defendant knows the password to decrypt an electronic device before his or her knowledge of the password can be deemed a foregone conclusion under the Fifth Amendment or art. 12.”
On the first reported question concerning the burden of proof, the SJC concluded that art. 12 “requires the Commonwealth to prove that a defendant knows the password to decrypt an electronic device beyond a reasonable doubt for the foregone conclusion exception to apply.”
On the second question, application to the Jones case, the concluded that the record before the motion judge by the Commonwealth in its initial Gelfgatt motion and its renewed motion contained sufficient evidence for the Commonwealth to meet its evidentiary burden. One factor the SJC pointed to was the fact that the phone was in the defendant’s possession at the time he was arrested by police—he had it in his front pants pocket. But other information also supported the conclusion that the defendant knew the password, including the fact the LG phone subscriber had listed a “backup” telephone number. Police records pertaining to this backup telephone number showed that it belonged to a “Dennis Jones” with the same Social Security number and date of birth as the defendant.
On the third question concerning the consideration of additional information, the SJC held that “a judge acting on a renewed Gelfgatt motion may consider additional information without first finding that it was not known or not reasonably available at the time of the first filing.”
In a well-reasoned concurring opinion, Justice Lenk, wrote separately to state that “unlike the court, I think that compelled decryption of a cellular telephone or comparable device implicates more than just its passcode; what the government seeks is access to the files on the device, which the government believes will aid in inculpating the defendant. Given that the foregone conclusion doctrine is a narrow exception to the constitutional privilege against self-incrimination, the government may compel a defendant’s decryption of such a device only when it can show that any testimonial aspect involved in that act of production is already known to the government. In other words, the government must demonstrate, beyond a reasonable doubt, that the accused knows the passcode to the device and that the government already knows, with reasonable particularity, the existence and location of relevant, incriminating evidence it expects to find on that device.” But she concluded that the government in Jones met that criteria. She also nonetheless observed that “The court’s decision today sounds the death knell for a constitutional protection against compelled self-incrimination in the digital age. After today’s decision, before the government may order an individual to provide it with unencrypted access to a trove of potential incriminating and highly personal data on an electronic device, all that the government must demonstrate is that the accused knows the device’s passcode.”
Source: http://socialaw.com/services/slip-opinions/slip-opinion-details/commonwealth-vs.-dennis-jones
Tagged: encryption, self-incrimination, search warrant
Newer PostForm Matters: Co. Loses $2.2 Million Tax Appeal For Sending Wrong Form, Late, to Wrong Place
Older PostCourt Guts Asbestos Claims
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Before the Rockets get the Grizzlies, will Memphis continue to be rotten next year?
At the same time, the New York Times Mark - Stern also reported the news, he wrote, I just heard that the grizzly will bring Beek stav back to the team, please wait for the official statement. Beek stave is expected to turn from the position of the acting manager to become the official coach. The Grizzlies fired manager David fizz DELL in the midterm last year as the manager and Gasol had a huge disagreement, and Beek stave was the teams head coach. During the interim manager, Beek Steve led the Grizzlies to win 15 wins and 48 losses. Finally, the Grizzlies ranked 22 in the league, with a total score of 60 to second. Beeks performance was not bad except for the bad. Beek stav is 39 years old this year. He has been an assistant coach for the Bobcats since he was 25 years old, and has worked as assistant coach for wolves and rockets. The 2015-16 season, rockets 11 after the dismissal of Mchale, Beek stave served as a temporary coach of that year, he eventually led a team of 37 - 34, and in the playoffs 1-4 out of the thunder. Then the Rockets hired Dantoni and Beek Stafford to lay off and turn to Grizzlies as principal assistant coach. So Beek staves total career record is 52 wins and 82 defeats, the winning rate is only 38.8%, and the playoffs are 5 games with only 1 wins. But the grizzly bears are now suffering from internal and external problems. Some of the big pay players, Conley Parsons Nemagasol, are injured and can get out of the muddy way only by collecting talent through the draft. Perhaps the renewal of the Grizzlies is just to let Beek Steve lead the team through the hibernation period.
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Rise in Russian, Turkish immigration to Israel bucking Western slump
(JTA) — Bucking a slump in Western immigration to Israel under its law of return for Jews, movement from Russia has increased in 2017 and more than doubled from Turkey.
In total, the 23,415 immigrants who have come to Israel from Jan. 1 to Sept. 30 constituted a 2 percent increase over the corresponding period last year, an interim report by the Jewish Agency for Israel showed.
The 8 percent rise in immigration from the former Soviet Union, representing 13,192 individuals, helped make up for an 11 percent decrease from the United States, which brought 2,282 immigrants to Israel. Among the FSU figures, 5,661 immigrants came from Russia, where sanctions and a financial crisis exacerbated by low oil prices have halved the value of the ruble against the dollar since 2014.
Policies limiting personal freedoms in Russia under President Vladimir Putin also has contributed to the increase, Natan Sharansky, the outgoing chairman of the Jewish Agency, has said.
Ukraine, where the economy crashed following a revolution and territorial disputes with Russia after 2013, provided Israel with nearly 6,000 newcomers.
Immigration from France, which in 2015 was for the second year straight Israel’s largest source of immigrants with 7,328 newcomers, continued to plummet, registering a 26 percent drop this year to a total of 3,138 newcomers. France, which is seeing an economic improvement following several stagnant years, also has recorded a decrease in anti-Semitic incidents since 2015 that the government attributes to its security measures. Immigration from Britain also decreased by 16 percent to 459 newcomers.
In recent years, immigration tallies for the first three quarters of the year rarely have changed dramatically as the large waves of immigration, or aliyah, by families usually occur in the summer ahead of the new school year. In 2016, the tally for the first three quarters of the year accounted for 75 percent of the total annual number.
Another noticeable increase came from Turkey, where many Jews are exploring immigration options amid political instability and allegations of state-tolerated anti-Semitism under President Recep Tayyip Erdoğan of the Islamist Justice and Development Party. This year, more than 350 Turkish Jews came, compared to 164 in the corresponding period last year.
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CATS SCRATCH OUT A WIN OVER REBS | Lexington Herald Leader
CATS SCRATCH OUT A WIN OVER REBS
By Jerry Tipton - Herald-Leader Staff Writer
Date story was published: January 3, 1984
OXFORD, Miss. -- No one mentioned "January Slump," so refer to it as ''January Slop."
Playing without Jim Master, who was benched as a result of some January discipline, Kentucky lived down to its recent standards for the first month of a new year yesterday . . . whatever the label.
The Wildcats prevailed here -- seemingly always a tough place for them to play -- and beat Mississippi 68-55. But, the issue wasn't decided until the teams had thrashed their way through 40 turnovers and 49 personal fouls.
Nor would he comment on whether his fears of a week ago -- a drop in intensity when Kentucky began its annual pilgrimage toward the SEC championship -- had been realized.
"I'm pleased with the win," said Hall, ducking the intensity issue. "It was a very typical Mississippi game for us this time of year . . . a struggle."
And, though Mississippi wilted and was outscored 9-0 in the final 1:12, Rebel Coach Lee Hunt found the loss pleasing.
"I thought we probably played Kentucky a little better than people thought we would," Hunt said. "I'm very proud of our players."
One player who didn't make his coach swell with pride was Master. A source close to UK indicated the 6-foot5 senior guard had violated a team curfew late last week.
(Troy McKinley, the only other Cat not to play yesterday, apparently also stayed out too late, the source said.)
"It's a personal problem that came up a few days ago," said Master, who dressed and participated in pre-game warmups but didn't play.
Asked if the benching could continue in the Cats' next game, the always emotional fight-for-their-lives affair at Louisiana State, Master said: "I'm not sure."
If Hall knew, the UK coach wasn't saying.
"No comment," Hall responded when the subject of Master's benching came up.
Although hardly newsworthy, McKinley's non-participation also seemed to touch a nerve.
"I'm not going to comment on any player who didn't play," Hall said.
Freshman James Blackmon started in Master's spot and led UK with 15 points. But, without Master, who was UK's second-leading scorer (10.8 points per game) and most reliable outside threat, the Cats were made more susceptible to the Rebels' sagging man-to-man defense.
Melvin Turpin, the primary target of sags by UK opponents, said he never faced a better or more suffocating defense.
"I wasn't expecting that much defense from Ole Miss; we were lucky to have enough points to win," said Turpin, who contributed only six points and three rebounds. "That was the hardest defense I've faced since I've been at Kentucky."
Turpin's frustration reached a zenith less than eight minutes into the game. Free of the pack following a turnover, Turpin dribbled half the court and rose for a slam. At the last minute, however, the ball slipped from his grasp. Instead of a resounding dunk, the ball banged high off the backboard and rebounded to an Ole Miss player.
"I thought I had it," said Turpin, who is growing a beard (shaving irritates a complexion problem; hence a bend in the team rules). "That was the worst I've ever played."
With Master de-activated and Turpin defused, UK's cohesion was further disrupted by foul trouble. Kenny Walker and Winston Bennett picked up three fouls each in the first half.
"In the first half the refs were calling it a little close," Bennett said, ''and we couldn't get into the flow."
Walker picked up his second and third fouls in a 14-second span and exited with 13:42 remaining in the first half. He was replaced by Bennett, who followed his teammate to the bench when he had three fouls by the 10:10 mark.
It was during their absence that Ole Miss went on a 14-2 run and opened up its largest lead of the game, 26-19.
Eric Laird, the Rebels' leading scorer with an average of 15.7 points per game, scored 10 of the 14 points. The 6-4 junior guard broke away for two fast-break dunks during the spurt. His other points came as he posted up UK's Roger Harden inside or flashed by the 6-foot sophomore for short jumpers.
"He was scoring on us because we weren't getting weakside help," Hall said of Laird. "Our guys wouldn't respond to his posting up and help out. It was an identical situation to what they were doing to Turpin."
The only difference was Turpin was surrounded when he received the ball down low.
Laird, who had scored 52 points in the Rebels' last two games, finished with a career-high 34. He made 12 of 21 shots from the floor and 10 of 12 free throws, but he was the only Rebel in double figures.
"Eric Laird is a great competitor," Hunt said. "He really played his heart out today."
UK stemmed the tide after a timeout at the 3:25 mark. Hall rushed Sam Bowie, Harden and Blackmon back into the game. UK scored the last seven points of the half to tie the game 26-26 at intermission.
That run salvaged a half that saw an Ole Miss team that had been outrebounded 289-246 in its first nine games hold an 18-13 edge on the boards.
"We were lucky to be tied at the half," Master said. "That was the biggest key for us."
UK took command early in the second half, outscoring the Rebels 13-2 in the first five minutes. Besides switching Blackmon onto Laird, the Cats seemed to do nothing different defensively. They stayed with the man-to-man.
"The key to the game was our aggressive start to the second half," Hall said.
Ole Miss scored only eight points in the first nine minutes of the second half. UK built its lead to as much as 12 points (52-40) before switching to its 13-1 zone for the game's final eight minutes.
"Defensively, we couldn't hold them all day," Hunt said. "We had to get some help on our offensive end as well. It was very important for us to get a good start in the second half. We got some good shots, but they just didn't fall."
Bennett, who had 13 points, scored seven straight to give UK its largest lead, 59-46, with 5:24 left.
It was then that poor foul shooting gave UK one final scare.
After Ole Miss cut the lead to 59-51, the Cats missed the front end of three one-and-ones. Dicky Beal missed two and Blackmon one as the lead narrowed to six points with 1:57 to go.
Laird, who scored 20 of the Rebels' 29 second-half points, got a basket on a goaltend against Bowie to cut the UK lead to six. Ole Miss got the ball back when UK turned it over against the press.
But, the opportunity died when Laird turned down a 15-footer and passed the ball inside to Sylvester Kincheon. The 6-11 freshman center fumbled the pass out of bounds.
The Cats made seven of eight free throws in the final 1:12 to win going away.
Just as their free-throw shooting was up and down, so did the Cats take comfort in yesterday's victory.
"You've got to look at it realistically," Walker said. "We played without Master. We had early foul trouble. It was one of those games where you learn from your mistakes."
Ex-Wildcat Turpin found dead at home of apparent suicide
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How Not to Die Alone by Richard Roper
Oh, the little lies we weave that come back later to bite you on the bum. Andrew is a nice guy and he didn't mean to start this snowball of lies - he just didn't want to answer all those pesky questions from his office workers. So what if he invented a family and a nice house for them to live in that doesn't exist. It wasn't hurting anyone. Andrew has also seen his fair share of loneliness in his job as he sits in funeral services for people without family or friends and as he picks through their lives during a property inspection (shudder).
He thinks he is prepared to be alone until a new coworker wakes him up to the possibility that he won't have to die alone and he tries to make peace with his estranged sister. Perfect for lovers of sweet romantic tales with quirky characters that lead ordinary lives (for the most part).
The Sentence is Death by Anthony Horowitz
Daniel Hawthorne, Private Investigator and his sidekick Anthony (as in Mr. Horowitz) have teamed up again to solve the murder of a divorce attorney. As in any good murder mystery, there are more people with a reason to do in the kind attorney and everyone has secrets they aren't sharing. This is a solid story, fast-paced, witty dialogue and an entertaining read. I always enjoy the wit of our author as well as his relationship to the arrogant Daniel Hawthorne but couldn't figure out why the police always let Anthony breeze into the crime scene when he was clearly not part of law enforcement. Obviously, Anthony Horowitz is giving us a peek at what he hopes to be doing in his next life. If you loved the first book in the series, you will enjoy this one as well but if you are new I would suggest reading his other books first.
Stay Sexy and Don't Get Murdered by Karen Kilgariff and Georgia Hardstark
Sounds like simple advice but what I found in this clever semi-memoir, semi-advice book is that it doesn't come without some risk.
These two clever podcast creators, friends, and partners in crime have survived addiction, family drama and more therapy than most people I know so they know of what they speak. The essays or chapters are irreverent, gutsy and completely unapologetic about giving it to the reader straight. I found myself relating to the chapter on always being polite no matter what the situation and why that is a stupid idea and thinking heck, yes! This funny, brutally honest feminista memoir should be placed in the hands of every young woman.
The Scent Keeper by Erica Bauermeister
Emmeline lives with her father on a secret island away from the rest of the world. Life is wonderful and she grows up learning about the magic of the island and the wonders of scents which her father imprisons on paper and saves. Fairy tales must come to an end when she learns about the real world out there and suddenly she is thrust into the middle of it. The love and friendship of a special boy will become the family she has lost. This coming of age story will have your nose and brain working overtime. By midpoint, in the book, you will believe in the magic of scent and its ability to trigger memories. You will also see the best and worst in people and long for a secret island of your own. Perfect for fans of WHERE THE CRAWDADS SING.
How to Forget by Kate Mulgrew
Kate is doing a one-woman Broadway show when she gets the call from her brother - come now, dad is sick. She drops everything and takes charge of his care and deals with her mother's advancing slip into Alzheimer's. Her journey then takes us from her grandparent's story to her parent's to her own but more importantly, it is a love letter to her parents and a goodbye. She craves the blessing of her gruff father and because she is not one of his sons, has to fight for his respect and approval. Her mother and she share a special relationship but that might make it that much harder to watch it slip away. As the oldest child and a girl, I understood Kate's need for approval and respect from her father and I understand all too well the pain of caring for a dying parent as well as what it is like to be a part of a large Irish Catholic family. Kate and her siblings came from near and far to care for their parents but she had the most difficult task - helping them let go and say goodbye. Gut-wrenching but so full of love and joy and truth that you have to read it. There is a part of the book that everyone will relate to and I can only wish for half of the gift she gave them - love, respect, and grace.
Prairie Fever by Michael Parker
Life is hard in the 1900's Oklahoma plains but you won't hear complaints from Elise and Lorena. They recite the local paper to bide their time pinned into a blanket on their trusty stead, Sandy who trudges off to school in weather that even the hardiest ranchers would cringe at. Elise possesses a rare wit while Lorena tries to be the model of decorum. The sisters are their own best friends until a young schoolteacher tears an unjumpable divide between them. This refreshing western does not read like a typical western but appeals to a much broader audience and is a must for lovers of Larry McMurtry and NEWS OF THE WORLD. Sweet, funny and completely Southwestern area tough, its delightful characters will worm their way into your heart forever. You have been waiting for a great western and now your wait is over.
The Confessions of Frannie Langton by Sara Collins
A slave's story with a twist - she is accused of killing both her master and mistress. Frannie remains silent about what happened that night, especially in court, but she writes down her story in her jail cell. From her beginnings in Jamaica as a science experiment to what she thought would be her freedom in London, we learn her story. It is also interesting that the court proceedings and testimony are there which further widens the divide between free and slave. We witness the unspeakable horrors that befell the slaves from the torturous experiments to the more subtle reminders of power. One interesting side note is the comparison of slave and the wives of the monster owners. Frannie's voice and outwardly stoic manner blend seamlessly with her deep-rooted distrust and emotional wounds. The perfect companion to the male voice in WASHINGTON BLACK.
Vessel by Lisa R. Nichols
Catherine finds herself on a spaceship alone with no memory of what happened, and even when she gets back to Earth and miraculously
reconnects with her husband and daughter after ten years, the missing time plagues her. Almost like a case of PTSD, she begins to sleepwalk and have violent episodes as well as voices in her head telling her to do things she knows is wrong. This starts out as a NASA mission into deep space and ends with a big warning. Do we really know what is out there and are we childishly thinking we can control the situation if there is something or someone else? Fans of 2001 A SPACE ODYSSEY, THE MARTIAN, and classic Alien films need to read this.
Once again the magnificent Melanie Benjamin introduces us to a behind the scenes hero only this time it is a husband and wife team of hoteliers who help out the resistance. Claude and Blanche Auzello are the caretakers to the famous Ritz hotel in Paris which has become overrun with Nazi officers who have taken up residence there. Through subtle ways, the American born Blanche and her French husband seemed to be hospitable to the Nazis but behind the scenes took an active role in resistance activities without the other even being aware. Marriage is difficult enough but during a war, it is almost impossible. The bravery of ordinary people in wartime always makes for an interesting story but to see it from so many different people and backgrounds made this one special.
Biloxi by Mary Miller
A charming tale of a newly divorced, retired man who is lost. Louis McDonald Jr. is waiting for an estate to be cleared and then he can live it up but he really doesn't know how. His relationship with his ex is a mess, his daughter doesn't understand him and even his best friend feels he has to bring him leftovers on a daily basis. He really doesn't know what he wants or how to get it until a border collie named Layla is thrust into his arms and his heart. She seems to be someone who can help Louis open the door a little wider and accept a second chance. This is a feel-good book that puts your heart on a roller coaster of emotions and proves that the right dog can save anyone.
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UPDATE: Mayo says no illnesses linked to discolored water
More test results expected back Thursday.
Posted: May 1, 2018 7:32 PM
Posted By: Annalise Johnson
Statement from Mayo Clinic, evening of May 2:
Preliminary analysis has shown that the sediment in the water on the Saint Marys campus came from filtering material from the well at Saint Marys. There have been no reports of illness or symptoms, and the water supply has been tested and deemed safe. Initial tests have not found issues with bacterial contamination or heavy metals.
Water has been deemed safe for cafeteria use. Filters on coffee, ice machines and other equipment are being changed, and will come back online over time.
Additional testing is being conducted for other areas, and results are expected on Thursday. Other areas will be brought online as they are cleared. Flushing has been completed in the Domitilla and Francis buildings. Marian Hall will be flushed overnight.
Statement from Mayo Clinic 11:48 am May 2:
“On Monday, April 30, Mayo Clinic responded to reports of dark-colored water on our Mayo Clinic Hospital — Rochester, Saint Marys Campus. Initial testing determined that the discoloration was caused by sediment. As a precautionary measure, Mayo is advising patients, visitors and staff to refrain from drinking the water or using ice from the ice machines. While we wait for the results from further water testing, Mayo is advising staff and patients not to use water to bathe or shower on the Saint Marys Campus; patients are being provided with comfort bath bags that include items for bathing.
We greatly appreciate the patience of our patients and visitors and commend our staff who continue to provide seamless care to our patients and serve hospital operations despite this challenge. There have been 89,280 bottles of water distributed so far. In addition, 2,880 gallons of bottled cooking water have been provided to our kitchens.
Until the test results come back, Mayo will continue to supply bottled drinking water to our staff, patients and visitors. The water is suitable for hand washing, but should be followed by hand sanitizers that are being placed in bathrooms across the hospital as a precautionary measure. The situation is contained to Mayo Clinic Hospital — Rochester, Saint Marys Campus and the cause of the sediment is still being investigated.”
Statement from Mayo Clinic 9:30 p.m.:
“On Monday, April 30, Mayo Clinic responded to reports of dark-colored water on our Mayo Clinic Hospital — Rochester, Saint Marys Campus and immediately began investigating the source. As a precautionary measure, Mayo is advising patients, visitors and staff to refrain from drinking the water or using ice from the ice machines. Water is running clear in some areas, following a flush of the water system, however, further testing and system flushing continue, and extra chlorine has been added to the water supply as a precautionary measure. Mayo is advising staff to not use water to bathe or shower patients on the Saint Marys Campus while the institution awaits results of the water testing. Mayo continues to supply bottled drinking water to our staff, patients and visitors. The water is suitable for hand washing, but should be followed by hand sanitizers which are being placed in bathrooms as a precautionary measure across the hospital. The situation is contained to Mayo Clinic Hospital — Rochester, Saint Marys Campus.”
ROCHESTER, Minn. -- Dark-colored water was found in the toilets and sinks at Saint Marys campus.
Rochester Public Utilities and Mayo Clinic are looking into the issue to resolve the problem.
In the meantime, Mayo Clinic and RPU are advising people to avoid drinking water at the Saint Marys campus.
Frank Burdick had an open heart surgery more than a year ago at Saint Marys. "I would be concerned if I had to go back there for another operation or something. I certainly wouldn't want bad water," he explained.
RPU says the issue is isolated to the Saint Mary's campus and water in the city is safe to drink.
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Five stars for Mayo
Mayo reopens clinics Monday
Mayo donates leftover bottled water to local food bank
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Roe v. Wade and the March for Life: Key facts to know
Annual march sees anti-abortion crowd
Posted: 8:38 AM, Jan 27, 2017
By: DecodeDC
The March for Life, an annual pro-life gathering to oppose Roe v. Wade, the 1973 Supreme Court decision legalizing abortion, will be held Friday in Washington.
Below are key facts about the Roe v. Wade decision, and what to expect at Friday’s march, which is expected to attract thousands of participants:
What did Roe v. Wade decide?
Roe v. Wade, which was decided by the U.S. Supreme Court in 1973, ruled that state laws banning abortions , except to save the life of the mother, were unconstitutional. More specifically, the case held that abortion fell within a woman’s constitutionally protected “zone of privacy.”
What would happen if Roe v. Wade were overturned?
Overturning Roe v. Wade would shift the abortion issue and debate back to the states . Some states could enact strict bans, others could continue to allow abortions. There inevitably would be variations from state to state. A recent report issued by the Center for Reproductive Rights titled “What If Roe fell?” found that abortion could become illegal in 33 states if Roe v. Wade were overturned.
How big is Friday’s March for Life likely to be?
The automatic question is whether the March for Life will match the estimated half million people who attended last Saturday’s Women’s March on Washington. The march on the 40th anniversary of Roe v. Wade drew an estimated 650,000 participants.
One gauge of attendance is the number of bus parking permits issued in Washington, D.C. Ninety-two permits had been issued for the March for Life as of Wednesday. The Washington, D.C., Department of Transportation issued 1,800 permits for the women’s march and 450 for President Trump’s inauguration.
What makes this year’s March for Life different?
Politically speaking, the Congress and the White House are controlled by Republicans, many of whom support anti-abortion measures. This includes cutting off funding for Planned Parenthood, and President Trump has promised to nominate a Supreme Court justice who would support overturning Roe v. Wade. Also, one of Trump’s first executive orders prohibited U.S. funds from going to international organizations that support abortion.
The other thing that makes this year’s march different is that V ice President Mike Pence will address the march, making him the first sitting vice president to do so. Kellyanne Conway, senior White House adviser, also plans to address the crowd on Friday.
What are Americans’ views on abortions?
Here are four facts about Americans’ views on this issue, based on Pew Research Center polling :
59 percent of U.S. adults say abortion should be legal in all or most cases, while 37 percent say it should be illegal all or most of the time.
There is a significant partisan divide: 88 percent of liberal Democrats say abortion should be legal in all or most cases, while 27 percent of self-described conservatives in the GOP say it should be legal.
69 percent of Americans say Roe v. Wade should not be completely overturned.
44 percent of Americans say having an abortion is morally wrong, 19 percent feel it is morally acceptable, and 34 percent say it is not a moral issue.
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National League Roundup : Braves’ Quiet Bats Tap Out a Win
By DAN HAFNER
The Atlanta Braves, deep into one of the worst hitting slumps in history, didn’t knock down any fences upon their return home Monday night. But they did manage to scratch out enough runs for a win.
A two-out single by Glenn Hubbard scored Dale Murphy from second base in the second inning to end the scoreless string at 37 innings and it turned out to be the only run in a 1-0 victory over the New York Mets. The run left the Braves well short of the major league record of 48 consecutive scoreless innings. It ended a string of four consecutive shutout defeats.
Murphy opened the “big” inning with an infield hit, getting the call on a close play at first. After center fielder Mookie Wilson made a running over-the-shoulder catch of Bob Horner’s drive in right-center, Murphy went to second on an infield out. After a walk to Rick Cerone, Hubbard hit a roller up the middle that barely went through to score Murphy.
Len Barker gave up only four hits in seven innings and Bruce Sutter finished up to gain his fifth save. It ended the Braves’ losing streak at five and the Mets’ winning streak at six.
“We were bound to score a run before the season was over,” said Sutter, who seldom gets to pitch in games in which the Braves don’t score.
By no means can the Braves consider their horrendous slump ended. They had seven hits, all singles, and now have one run and 28 hits, 23 of them singles, in their last 44 innings.
Barker became the Braves only starter except Rick Mahler (7-1) to post a victory this season. Barker paid tribute to the maligned Braves’ hitters.
“Everybody gets down on the guys when they don’t score, but look at the way we’ve been hitting the ball,” he said. “We’ve been hitting it hard, it just seems to be going right at somebody. We’ll start scoring and soon.”
Cincinnati 7, Philadelphia 3--It was old timer’s night at Cincinnati. Pete Rose, who is 44, had a triple and a single to move even closer to Ty Cobb’s hit record, and Tony Perez, who will be 43 today, won the game with a grand slam home run.
Player-manager Rose sent Perez up to bat for pitcher John Stuper (4-2) with the bases loaded and the score tied, 3-3, in the sixth inning. Perez tagged Dave Rucker for his first home run of the season and his first slam since 1980.
“It was a nice birthday present,” Perez said. “I like to come up in situations like this. I’m a fighter. I accept the challenge. I go up there thinking the pitcher’s in trouble, not me.”
The victory gave Stuper one more win than he had all of last season when he was with St. Louis.
One of the runs he yielded came on Mike Schmidt’s third home run of the season. The Philadelphia slugger had not hit one out since April 29.
Rose’s hit put him 71 shy of Ty Cobb’s major league record of 4,191.
Houston 3, Montreal 2--The Expos’ string of consecutive scoreless innings ended at 41 innings, when the Astros’ Bill Doran homered in the third inning at Houston and Montreal’s winning streak ended at four in the 10th inning.
Jerry Mumphrey’s pinch single scored Terry Puhl from second base with the winning run.
Nolan Ryan struck out seven and gave up only five hits in eight innings. He left with a 2-1 lead, but Frank DiPino and Dave Smith gave up the tying run in the ninth and he missed getting the win.
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Roar of Harleys Lifts Stricken Biker’s Spirits
By JESSE KATZ
As Jim McDonell lay asleep Sunday morning, fighting for his life against the insidious cancer eating at his bones, he was awakened by the belching roar of more than 100 Harley-Davidsons rumbling past his El Rio home.
“It was the sweetest sound,” said McDonell, a 56-year-old asphalt contractor. “I couldn’t have asked for much more.”
It’s not the way the Kiwanis Club would have done it. It’s not what the Lions or the Rotary Club would have done, either. But for this area’s biker community, Sunday’s benefit ride along the back roads of Ventura County was the best way they knew to salute a brother who was down.
McDonell is a former officer for the local chapter of ABATE, the motorcycle club that sponsored the circuitous 30-mile “Poker Run” from a Montalvo motorcycle shop past McDonell’s house and finally to an Oxnard tavern.
5 Stops Each
Along the way, each participant, who paid $10 for the honor to ride, made five stops at designated points, where a playing card was selected. The best poker hands won prizes ranging from a case of oil to a professional massage donated for the event.
In the process, nearly $1,900 was raised to help McDonell with his mounting medical bills, a videotape of the party was filmed by his physician, and enough devotion and beer flowed that day at the Buckhorn Saloon II to buoy just about anyone’s spirits.
“He’s like a father, brother and best friend to everybody,” said a 27-year-old woman who calls herself “Miss Becky,” a live-in friend to McDonell, whom she calls her “Sugar Daddy.” “He’s as good as they come.”
McDonell, known to others as “The Hook,” “Spunky,” “The Old Man Down the Road” or simply “Old McDonald,” arrived at the bar in a wheelchair, gray-bearded and hollow-eyed.
He wore a black T-shirt and a black cap, both bearing the logo of ABATE--American Brotherhood Aimed Toward Education--the highly political motorcycle club best known for its opposition to mandatory helmet laws. A black leather jacket was folded over his lap, where he wore a belt buckle calling for “Faster Horses, Older Whiskey, Younger Women, More Money.”
But his eyes twinkled and his pale face creased into a smile when a procession of burly, leather-chapped bikers threw their arms around him and gave him kisses.
“This makes it all worthwhile,” said McDonell, a father of three, who since the fall has been too ill to start up his Harley-Davidson low-rider. “You don’t realize the friends you have until you’re down.”
On the surface, at least, McDonell’s friends didn’t look the part of warm-hearted do-gooders. Bushy beards, beer bellies, bandannas and tattoos seemed to be the rule.
Show of Affection
But the outpouring of affection from these ABATE members, who also do regular benefits for Vietnam veterans and collect toys for underprivileged children, rivaled that of even the most devout Samaritans.
“After years of getting beaten down because people look at you as a long-haired son-of-a-bitch on a motorcycle, the only thing you really got left is your bike and these people,” said Jeff Skoog, 42, a smog mechanic who rode his Harley on Sunday.
The party lasted nearly 12 hours, with a band playing country/rock tunes, chicken barbecued on an outdoor grill and more donated prizes raffled off, including a satellite TV dish, a water bed and a $350 stained-glass replica of the Harley-Davidson logo.
But McDonell grew tired and had to return home early, a shadow of the man who a year ago would have been the first to go until dawn.
“It would be hard to get along in the world without people like this,” he said. “It makes you think you got a reason for being alive.”
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Yes, President Trump, there is a difference between HIV and HPV. Here’s a handy tipsheet
Bill Gates in April at the IMF/World Bank spring meeting in Washington, D.C. In a video, Gates said President Trump asked him on two occasions whether there was a difference between HIV and HPV.
(Andrew Caballero-Reynolds/AFP/Getty Images)
By Karen KaplanScience and Medicine Editor
In the early days of his presidency, Donald Trump famously declared that “nobody knew that healthcare could be so complicated.”
At the time, he was talking about health insurance. But perhaps he was also thinking about two potentially life-threatening viruses — HIV and HPV.
In a video that came to light this week, Microsoft co-founder Bill Gates described two meetings with Trump where the men discussed a variety of issues related to innovation, science, education and global health.
“Both times, he wanted to know if there was a difference between HIV and HPV,” Gates recounted to staffers of the Bill & Melinda Gates Foundation. “I was able to explain that those are rarely confused with each other.”
(The audience responded with hearty laughter.)
HIV, short for human immunodeficiency virus, wreaks havoc on the immune system. If not kept in check with proper treatment, the virus will rob the body of its ability to withstand infections. HIV can lead to AIDS (acquired immune deficiency syndrome), a condition that makes people vulnerable to opportunistic infections. These infections can be fatal.
HPV (human papillomavirus) is the name for a family of viruses that affect the skin and other organs. More than 150 viruses have been identified, though not all of them are dangerous. About 40 types infect the genital area, including at least 13 that can cause cancer. Some types of HPV produce warts elsewhere on the body, including on the hands, elbows and feet.
For President Trump, and anyone else out there who may be confused, here’s a primer on the difference between HIV and HPV.
Who’s infected?
HIV: More than 1.1 million Americans are infected with HIV.
HPV: About 79 million Americans have an HPV infection.
Do they know?
HIV: About 14% of Americans with HIV don’t know they are infected.
HPV: Most people with HPV don’t know that they’re infected.
What happens if left untreated?
HIV: The virus reduces the immune system’s supply of T cells, making patients vulnerable to opportunistic infections.
HPV: In most cases, an HPV infection clears up on its own. Two types of HPV cause genital warts, which can be uncomfortable but are not dangerous.
How does it spread?
HIV: It can spread through sexual contact or by sharing needles with someone who is infected. A mother can pass HIV to her child during pregnancy, birth or through breastfeeding.
HPV: It spreads through skin-to-skin contact during vaginal, anal or oral sex.
Does it cause cancer?
HIV: People with HIV are more likely to develop certain types of cancer, including Kaposi sarcoma, aggressive B-cell non-Hodgkin lymphoma and cervical cancer.
HPV: About a dozen types of HPV can cause cervical cancer, along with cancers in the vulva, vagina, penis, anus, mouth and throat.
HIV: There is no cure for HIV, but it can be kept under control with antiretroviral therapy, or ART.
HPV: There is no treatment for the virus, but there are medicines for the conditions the virus causes.
What about a vaccine?
HIV: There is no vaccine to prevent HIV, though several candidates are in the works.
HPV: There are vaccines to prevent infection with up to nine types of HPV that cause cancer.
HIV: Once a person becomes infected, doctors can’t eliminate all traces of the virus. But patients on ART can have a normal life expectancy. There is no cure for HIV.
HPV: It is the most common sexually transmitted disease, and nearly everyone becomes infected at least once in their lives.
Bonus material: HSV
Now that you’ve mastered the difference between HIV and HPV, you might be interested in a third virus with a similar name — HSV.
Short for herpes simplex virus, HSV comes in two varieties. Both types — HSV-1 and HSV-2 — cause genital herpes, a sexually transmitted disease that afflicts more than 17% of Americans between the ages of 14 and 49. Genital herpes spreads through vaginal, anal or oral sex. Symptoms include itching, pain, small sores or blisters, ulcers and scabs. There is no vaccine or cure, but there are medicines that can shorten an active outbreak or prevent a future one.
HSV-1 also causes oral herpes, which can lead to cold sores or fever blisters in the area of the mouth.
Most people who have either type of HSV don’t realize they are infected because they don’t develop any symptoms.
karen.kaplan@latimes.com
Follow me on Twitter @LATkarenkaplan and “like” Los Angeles Times Science & Health on Facebook.
A little extra global warming will mean a lot more habitat loss for plants and animals, study says
In a distant galaxy, scientists find oldest oxygen in universe and stars from edge of cosmic dawn
The U.S. birthrate hits another record low. Even women in their 30s are having fewer babies
11:10 p.m.: This article was updated with additional information about herpes simplex virus, or HSV.
This story was originally published at 2:40 p.m.
Karen Kaplan
Karen Kaplan is science and medicine editor at the Los Angeles Times.
Neil Armstrong was the first man to walk on the moon. Who will be the first woman?
Nearly 50 years ago, Neil Armstrong became the first man to walk on the moon. A woman could follow in his footsteps in 2024. Here’s what we know about her.
Ebola outbreak in Congo is now a public health emergency, WHO declares
The World Health Organization says the Ebola outbreak in Congo is now a public health emergency. The U.N. agency was criticized for failing to say this before.
Drug overdose deaths in the U.S. appear to be falling, CDC data show
Drug overdose deaths in the U.S. appear to be falling, according to new data from the Centers for Disease Control and Prevention.
Alzheimer’s affects women more than men. Now scientists have some clues as to why
New research offers some of the first biological clues to why women may be more likely than men to develop Alzheimer’s disease.
The women who helped put men on the moon
As the 50th anniversary of the first moon landing approaches, the women who helped America’s early space efforts reflect on their often unheralded roles — and the indignities they endured.
Could the Apollo 11 moon landing be duplicated today? ‘Lots of luck with that’
Video: Meet the ‘human computers’ who made the moon landing a reality
Blood test for Alzheimer’s disease moves closer to becoming a reality
Scientists are reporting progress on blood tests to screen people for possible signs of Alzheimer’s disease or other forms of dementia.
Healthy living can counteract a high genetic risk of Alzheimer’s, study suggests
A healthy lifestyle can cut your risk of developing Alzheimer’s, even if you’ve inherited genes that raise your risk for the dementia-causing disease.
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Factors that impact employee commitment
by L&D12 Sep 2016
These days it is becoming more and more common for older workers to report to younger supervisors.
But how do disparities in experience and education impact the employees commitment to their organisations?
A new study from the Naveen Jindal School of Management at UT Dallas sought to discover just that.
“Status incongruence” negatively impacted a transformational leaders' ability to "foster attachment" to the organisation among subordinates, according to Dr. Orlando Richard, associate professor of organisations, strategy and international management.
Status incongruence occurs when a subordinate is older or has more education or work experience than their supervisor.
"Transformational leadership is supposedly the best type of leadership to inspire followers," Richard said.
"But what happens when your boss is less experienced or younger than you?
“You are less likely to respond to their leadership style. It also affects the level of commitment you have to the organisation because you feel you are more qualified than they are."
The researchers looked at both the United States and Turkey, and found that status incongruence weakened the relationship between transformational leadership and affective commitment.
The study defined “transformational leadership” as “inspiring subordinates to work for the good of the organisation by motivating them through the leader's strategic vision, communication of the vision and commitment toward the vision”.
Affective commitment is an attachment that an employee would have toward an organisation, Richard said.
Companies want their employees to have a sense of loyalty, and commitment has implications for productivity, performance and retention rates.
"From an HR standpoint, I think it's important to make sure that you have the right leader in place because if employees feel that the wrong person is in charge, there could be negative consequences for the organisation down the road," Richard said.
"No one wants to work for someone who they feel doesn't have the credentials."
The study also looked at how the effects of a transformational leadership style and a supervisor's gender predict a subordinate's commitment.
In Turkey, the effect was stronger for men than women, while in the United States, the effect was stronger for women than men.
Men were penalised when they had less experience and education, and tried to display transformational leadership. When they were on par, their subordinates were more committed to them if they showed transformational leadership styles.
"These relationships in the U.S. context are important for women in leadership positions," Richard said.
"Women in management have to especially have the credentials in order to demand respect. If they do, and they display transformational leadership, they'll experience more commitment from their employees."
The study was published in the journal Personnel Psychology.
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Trump’s Assault on America’s Institutions
Free Thoughts Podcast – 48 min 35 sec – Jan 19, 2018 – Episode 223 of 301
John Samples joins us to discuss how the Trump presidency is challenging America’s institutions.
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The Kingdom of Saudi Arabia
Choose Your Own Government
John Samples joins us to discuss how the Trump presidency is challenging America’s institutions. Political institutions in America are designed to stop someone like a populist or a demagogue; someone not fit for presidency. We discuss how America’s institutions have fared thus far, with a president that refuses to follow the norms, and if we should expect more celebrity presidents.
Show notes and Further Readings
Matthew mentions that on Friday, January 12th Trump had just said something disparaging
Ross Douthat, The Tempting of the Media (2017)
The Claremont Institute, The Flight 93 Election (2016)
Aaron Powell: Welcome to Free Thoughts. I’m Aaron Powell.
Matthew Feeney: I’m Matthew Feeney.
Aaron Powell:Today, we’re joined by John Samples. He’s a vice president here at the Cato Institute, and he founded and directs Cato’s Center for Representative Government and the First Amendment Project. Welcome back to Free Thoughts, John.
John Samples: Thanks for having me.
Aaron Powell: We’re talking about institutions today and what’s happened to America’s political institutions in the last year. When people use that term, when we talk [00:00:30] about America’s political institutions, what do we mean? What are we talking about?
John Samples: Well, I think you’re talking about the rules and practices and the constitutional framework, right? The concern, I think, about the last year when we started the year was that there would be … We have a system of government where it’s divided powers, the powers are balanced. We had elected a president who seemed to be unhappy with a lot of that, and he also seemed to have strong populist streak in [00:01:00] that he was going to threaten that kind of both the non-presidential institutions. It maybe the courts. It may be the other, maybe whatever, the states. And that he would essentially bring that kind of fragmented, liberal democracy further down the road toward being something else, a much more non-liberal democracy but populist.
And the institutions, then, which are [00:01:30] in the American system are really designed and were designed to stop someone like a populist, a demagogue, that they would not be up to the task. That the division of powers would not stop him. The First Amendment itself is an institution, the protection for freedom of speech backed by the courts. That’s an institution that constrains someone who is a populist, a demagogue, and so on.
Matthew Feeney:How do you think that [00:02:00] the institutions have faired in doing that job? I remember in the wake of the election, a lot of my anti-Trump friends or acquaintances were complaining. And my own thoughts on it were, well, let’s see how the institutions hold up. Let’s think about the courts, and courts are pretty robust. And I was trying to remain optimistic in these days. How well do you think they’ve actually faired?
John Samples:I think for most people who were concerned at the beginning of 2017, [00:02:30] they’ve probably done better than expected. In retrospect, an early sign was when he, or Steve Bannon and [Steve 00:02:38] Miller wrote the executive order about those predominantly Muslim countries. And that ran into, first of all, just sort of practical problems but also ran into the courts and was basically struck down and had to be revised and all sorts of things.
[00:03:00] That was an early good sign in that President Trump did not say like Andrew Jackson said or is alleged to have said, “John Marshall has made his decision; let him enforce it.” In other words, Donald Trump didn’t say, “I’m going to make America safe. I’m going to do what I was elected to do. I have the mandate. I’m going forward to protect America.” Instead, he dropped back, and they did what anybody [00:03:30] would do in that situation or what most administrations would do, is they started to try to get their act together to write something that could get through the courts. So that was a good sign that, for all the bluster and everything, he wasn’t up to high-scale constitutional crises and provoking them.
And in general, you would have to say, if I had one indication of … He’s had a lot of resistance. The press has been very resistant. He’s been very abusive to the press [00:04:00] and so on. If I had to say there was one thing that indicated his difficulties, it’s that you have a really good economy now, in some ways a stronger economy than we’ve had for a decade, so usually presidents really get a good boost from that, particularly the public approval of what they’re doing, right? So Donald Trump really should be in the 52, 54 range in terms of public support favoring the way he’s doing [00:04:30] his job. And that’s fairly high, a fairly good rating, but he is in fact struggling along in the high 30s, maybe the occasional poll will give you a 41, 42. So I think what we can say is, because of his behavior and the fear he evokes, that he’s probably paid a price of about 10 points at least and maybe more.
The other thing is he’s well on his way to causing another tripwire to go off, which is elections are supposed to … It’s [00:05:00] why we have not just everybody elected at the same time. You have the House and the Senate are off-years, and one-third of the Senate and so on. It looks like the Republican Party’s going to have a terrible blowout in 2018. I’m referring here to the, there’s a generic party preference, which is a fairly good indicator about where things are going is that … I heard there was a 17-point difference, [00:05:30] and we’ve had something like 13-point differences throughout the latter part of the fall.
That is, people preferred the Democrats in general about the congressional elections to the Republicans. This is a number that’s usually in the three to four. Maybe Republicans who are going to do well, they’re going to have a two- or three-point advantage, but usually these sort of things where 20 seats change hands are in that area. 17 points? I mean, they could lose 50 or 60 seats [00:06:00] the way we’re looking, which would be …
I mean, one thing you would say about Donald Trump, this pushback and the elections kicking in and him essentially really mobilizing his opponents. They really want to do something to stop him. All of that could be paid in a cost to economic liberty, although he himself is not all that big on economic liberty. It could be in that you get [00:06:30] a administration 2020 that has a majority that wants to do a lot more on taxes, a lot more on regulation, and so on.
So in a sense, even though many libertarians in my impression … And Donald Trump is not a libertarian. He’s an anti-libertarian, right, in may ways. My impression is that he could cause an anti-libertarian backlash on the economic side that could be very difficult in post-2020, [00:07:00] so there’s that.
But I would say I think there’s another area that’s really problematic in institutions, this question of norms, though. Generally where he has the ability to do damage, he really has. Just today as we sit here, of course there’s so many examples, right? Every week seems to bring two or three things that he says or tweets that then are discussed widely. And [00:07:30] they’re always behavior.
You notice there’s two aspect to it, right? People have certain expectations about what the president of the United States will do, that’s a norm, and then he contradicts it in some way. And of course, now, what’s going on as we tape this is that he’s called certain countries by a vulgar name in the middle of a negotiation session, and then it’s gotten out into public, and this is just not something one expects [00:08:00] from a president. He violates that norm.
It is interesting, I think he’s worse in a lot of ways because norm violation is actually pretty common. Let me give you an example about what I’m talking about. We expect that, maybe libertarians don’t, but many Americans do, that presidents won’t lie. But it’s pretty clear that in the run up to the Obamacare vote that President [00:08:30] Obama at the time did lie about whether you would able to keep your insurance. He had every reason to know that many people wouldn’t be able to. It had been a problem. They’d been honest about this in ‘96, and it didn’t work.
So President Obama, I think he knew that people would lose it, and he said that because he was wanted … Why did he do that? It’s a classic political thing that Aaron talks about quite a bit, actually, which is the [00:09:00] greater good. He wanted to break the norm of not lying to achieve what he saw as coverage for people, extending coverage. So that’s kind of a typical thing. We have a norm, and President Obama, I think would’ve said, “Well” … He would’ve subscribed to the norm, but in that case, it was this other thing he wanted to do, and so he violated it.
But he didn’t say, “Oh, lying all the time is okay.” [00:09:30] And you also came out of it saying, “We didn’t think there are no norms.” The thing about President Trump is he breaks norms all the time, including the one about lying, and he doesn’t do it for any particular reason I can think of, except to just sort of … Am I wrong about this?
Matthew Feeney: He doesn’t seem to be able to help himself.
Aaron Powell: It seems that the constant reporting coming from inside the White House and from people who have been interacting with him is it doesn’t sound [00:10:00] like he’s the kind of creature that has reasons. That it’s just cause and effect, and it’s kind of cognitively beyond him. So I think he just is acting out. It’s just the way he acts.
But I want to ask about these norms because he is, yes, left and right he is breaking norms, refusing to follow along with norms. But that doesn’t seem like that’s quite the same thing as him changing norms or even really threatening [00:10:30] to change norms because he is wildly unpopular. And the result when he breaks one of these norms, when he says something, is a huge backlash from the majority of people.
I mean, you get his core base of supporters, which isn’t even the 37 to 40% of the country who approve of him. Typically, it’s an even smaller number are his really hardcore base. The self-described “deplorables,” they eat this stuff [00:11:00] up, but they were never part of those norms anyway. We just kind of can safely ignore them because they didn’t have any power.
It’s almost like when he does this, the rest of the country doubles down on its assertion of the original violated norm and says, “No, no, no. This is really important. We’re going to enforce it. We’re going to shame those who don’t.” So I guess I can see a pot that the likelihood, my prediction would be, if [00:11:30] the Trumpkins head to an overwhelming defeat in 2018, if Trump either chooses not to run again in 2020 or gets demolished in 2020, so you drive that portion of the American right into the wilderness, the rest of the country has spent these years effectively practicing norm enforcement of the original norms [00:12:00] and thinking about them and flexing those muscles. And so I think if anything, there’s a chance he could be strengthening those norms in the long run.
Matthew Feeney: As John mentioned, we’re recording this in the wake of the president saying something disparaging about-
Aaron Powell:It’s Friday, January 12th.
Matthew Feeney: Friday, January 12th. And the president is reported to have said something very disparaging about a few countries. And journalists are very upset about this, and the press is running with it. But a lot of the commentary you hear is, “You know what, this [00:12:30] is how real people talk. And actually, he’s a man of the people.”
And some critical thing to remember, I think, is to remember is that these institutions that we’re talking about are inherently elitist in the sense of the courts, the politicians, journalism, these are all rather elite. I hope that Aaron is right that actually a lot of this stuff is actually unpopular out in what people call “real America.” But I don’t know. Is that something to worry about in the sense that we’re relying on [00:13:00] inherently elitist institutions?
John Samples: You got to rely on elite institutions anywhere you go. But Aaron makes a good case, and it’s possible, and we do see that, although a certain amount … It’s been one year that a certain amount of exhaustion may, and to some extent has maybe already set in. There’s talk of adapting to him and accepting him.
I think the problem here is that unlike … Go back to Barack Obama for a minute. President Obama, as I said, [00:13:30] may have broken the norm about lying, all right? But he didn’t deny the norm. He wouldn’t have. He might deny that he broke it if he were here with us, but he would still believe in the norm. I generally think that. President Trump breaks the norm, and there’s this frequency problem. He does it all the time. He does it five times before breakfast, right?
Aaron Powell:Five tweets before breakfast.
John Samples:Yeah, well, most of them involve norm breaking. But he also appears to deny that [00:14:00] norms are valuable or that they’re binding or that they should be binding, right? Because everyone breaks norms in one way or the other at some point. But what’s different about him is the idea that I think there’s an underlying thing, an underlying view that, “It’s all BS anyway, and I’m burning the house down here,” right? And the house is these norms.
Now, [00:14:30] here’s where Aaron and I could possibly differ. Just the way it works out differs. The people who are concerned about this are often people who say it’s very important that the president is doing this because people, they’re not libertarian in the way we always want libertarian people to be independent minded, to make up their own mind, to stay away from partisanship, all this stuff.
People look to the president as a leader who sets a kind of moral [00:15:00] structure or whatever, or just actually examples for people to follow, and that if the president is doing this despite all of the good pushback and all of that, that it’s going to affect the underlying culture of the society such that when it’s somewhat … And that if he’s the first of many like this, we’ve fallen and we can’t get back up, then this is going to be an acceptable way. It’s [00:15:30] just will be a different set of norms that will be … But norms, the very idea of these non-constitutional, non-legal, non-statutory things that we accept, it will itself be gone. And so everyone will be burning down the house all the time, and that’ll be the way you win, all right?
I agree with you, though. I see your point in the sense that it does look like the system [00:16:00] is working better, and it’s also … A lot of people have followed him down his particular rabbit hole. So you think about significant national newspapers that have stuff about him or news channels that have stuff about him all the time. They’re going to be a different institution after this administration is over than they were going in, right? Is that a good thing or a bad thing? You might say, “Well, they were always [00:16:30] partisan anyway. They were just more careful about it.” But he’s essentially dragged everyone down with him. And Ross Douthat had this piece in March of last year, at the beginning when he urged the DC media and so on not to go down the rabbit hole with him, but most have, right?
I think that things are going better than expected, I guess I would say, but I’m worried about the effects of this over time and [00:17:00] they’re kind of incremental and so on. And it is because he’s the president, and he also doesn’t seem to … He doesn’t agree that the president should offer any kind of model of behavior, which you have to say is very different from, for all the things I would disagree with with the previous two presidents, was not true, right? They had a sense of, you had to do this stuff. [00:17:30] He seems to think, well, you just do anything, and screw it. If I had to say one thing, that was it. Yeah.
Aaron Powell: When you were giving your assessment of how America’s political institutions have functioned and stood up to Trump in the last year … So you said that, basically, they stood up better than many feared they would. [00:18:00] And I’m curious about why that is, so what the lesson to draw from that regarding our institutions and their enduring strength.
Because on the one hand, you can draw the lesson that our institutions are stronger than we thought they were. But the other thing we might learn from it is simply that Donald Trump turned out to be far more breathtakingly incompetent than we expected him to be. So do you [00:18:30] think one of those is the stronger case? Do you think that their institutions are in fact slightly stronger than we thought?
John Samples:In a situation like this, the lesson you don’t learn is very important, all right? It could be very important, and by that I mean we could conclude right now he was president, and that seemed really bad and everything, but the institutions held up, let’s not worry. We don’t have to worry about it. However, I think you’re correct. I think that, in a sense, we got lucky and surprisingly [00:19:00] so because he doesn’t behave like any politician in a way.
In other words, he doesn’t even do things that seem to be to advance his power and popularity and so on. And he also seems completely unfamiliar with the job and unwilling to learn anything about it, and actually he does seem to be … In a sense the country lucked [00:19:30] out to the extent that he is an actual threat. He’s incompetent.
It also could be that he’s redefining the job of president. It could be the incompetence is such in terms of actual governance. He doesn’t really try all that much to govern, as far as I can tell. Although people in his administration certainly do, but you may have a bifurcation here in that the president may become entertainer-in-chief. He sort of goes around calling the other side [00:20:00] names and saying outrageous things, just as if you were on television in some way. And then there’s the rest of the administration. It’s filled with sort of depending people that have some experience and they can get whatever is done, what you can get through Congress and the bureaucracy and so on.
So you have a new American presidency, which is that, and then this business about Oprah Winfrey running for president, which was greeted with … [00:20:30] We don’t know that she wouldn’t be a very strong candidate in terms of winning a general election, but she would, I think, even though she seems to be somewhat different in personality, she would be a continuation of that model, right? In which you have no political experience needed, but you really should be on TV and be entertaining if you want to be president.
And then what you will have done is cut whatever connection there was between [00:21:00] elections and the deliberation of sorts before that and the governance. The president offers, in some way, the one place where elections don’t translate directly into policy, but they are connected.
Matthew Feeney: That makes me wonder about what you said earlier about norms, which is that norms can change, and powerful people change them, whether deliberately or not deliberately. And I sometimes [00:21:30] wonder if Trump inadvertently is actually changing politics in a sense where it becomes considered totally normal for someone like Oprah Winfrey to run for president, and in 2020 or 2024, we’ll just have to deal with a bunch of former celebrities or current celebrities who think in light of Trump that this is a normal thing and that the norm, which was that career politicians run for president, will have been broken. Now, [00:22:00] net positive or net benefit, I guess, is too soon to tell, but norms change.
John Samples:Speaking about norms and wishing to be considered fair by anyone, I think also anyone listening to this, I think you have to take into account that the person who ran against him, though he keeps running against her despite the fact that the election’s over, many people were against her because they believed [00:22:30] with more than a little reason that the norms that applied to everyone else, say, lower-level people in the intelligence apparatus, didn’t apply to her. She could violate those norms in setting up the email and all that stuff, and Trump ran basically on the idea that an entire elite was full of it on those things. They didn’t follow those kinds of …
[00:23:00] The other thing we haven’t mentioned is things like breaking norms about instructing members of the Justice Department to prosecute his former opponent. And during that, I mean, I still, I think, will remember for the rest of my life the Republican National Convention, when the chant is “put the other opponent in jail.” These were not things that … I mean, maybe there was a lot of BS going. There always was in politics and campaigns. [00:23:30] But that was striking, even though it was a bunch of stuff that’s true about her.
Aaron Powell:Going forward, then, so this fear that we our electoral system switches to something where it’s if you want to win the presidency, you have to be a big celebrity who’s been on TV, and so we get big celebrities who’ve been on TV as our presidents, how much control do [00:24:00] the parties have over that? Trump won because of the way that the primary system worked. If the two major parties decided that it was not in their interests to live in that kind of world for whatever reason, could they flex their muscles, change up those systems, and try to prevent it from happening?
John Samples: Here I’m going [00:24:30] to go with an authority, my friend [Robert Bauer 00:24:32], who knows about as much as … He’s worked for the Democratic Party for many years and know about as much about parties. As it works, he happens to be around people who say we need stronger parties. In some ways, the 1968 situation, right? Bobby Kennedy won a primary, but he wasn’t going to get the nomination because the party elders or the party leaders said, “This is our guy, is Humphrey.” Can you have stronger [00:25:00] parties? And Bauer’s view is you really shouldn’t go down that path because there’s no way to get to it, right? You can’t build parties back that way.
Certainly, that would be the kind of elite filtering process. We keep coming back to James Madison and Federalist 10, right? Filtering, the word is “filtering.” We’re trying to filter the popular will into things that are truly in the best interest of [00:25:30] the entire undertaking, including the permanent interests of the society, he says. Well, that would be a filtering device, but it’s not …
The Democrats are probably in better shape to do that, but again, these people that we’re talking about, if this happens, it’ll be because they’re very popular, right? It’ll be Oprah will get the nomination because she will be highly likely to beat [00:26:00] Donald Trump or other candidates. So I don’t think we can count on the parties to stop that. We’ve sort of blown out that constraint in a way.
Matthew Feeney:So, so far we’ve talked about institutions that have clear boundaries or definitions, things like the court system, and also ones that are slightly more nebulous, so the press, which seems to apply to everything from the New York Times and the Wall Street Journal, CNN, but also to [00:26:30] blogs that some people would consider now to be included in this umbrella of the press.
But there’s another institution that seems like the press to be rather poorly defined, which is this thing called the deep state that has got a lot of play in the last year or so. A question that you could answer for the listeners, what do people mean when they talk about the deep state? And what kind of impact has it had on the first year of Trump’s presidency?
John Samples: I think it depends on who you’re talking to. If you take a [00:27:00] very negative view of the deep state, it’s kind of permanent people, particularly who work in the intelligence and perhaps also the Justice Department who are permanent members of the Washington bureaucracy and, therefore, from this point of view, people who are exactly the people Donald Trump was talking about and people threatened by his effort to “drain the swamp” and so on.
[00:27:30] More generally, I think when you talk about the deep state, you’re talking about the permanent bureaucracy. There’s a lot of it. It’s always been an issue for any president coming in when they follow a member of the other party. A longstanding effort or practice was for people to take political appointees and bury them in the bureaucracy and merit system jobs, and so [00:28:00] nice little bomb waiting there to impede the next administration.
So over time, you have lots of people inside a bureaucracy that for a bureaucratic partisan or other reasons … Remember the FBI agent talking about how bad Trump was and the insurance policy and all of that, that’s sort of just an ideological or just a repulsion, right? As opposed to a partisanship or whatever. These [00:28:30] people, in a sense, they don’t have absolutely veto, but they can impede you, and that’s what’s happened.
Going back to Aaron’s comment about competence, I mean, you could say the special prosecutor was part of the revenge of the deep state, but that was just that you got yourself there goes back to … I mean, if you’re an experienced [00:29:00] campaigner and politician and president, the one thing you do is you stay away from stuff that can come back and bite you, right? So that’s the campaign meeting with Russian agents, whatever happened, or Russian people, whatever happened there. Just apart from that, you stay away from that. You don’t do things like firing Comey and so on.
I think, and in some ways, Mr. Trump believes his own rhetoric [00:29:30] about the presidency. And it’s a rhetoric that sort of many of us bought in that the presidency was this … He had it even more, which was it was kind of like a king in which everything was a prerogative. You just had discretion on everything, including libel laws, he seemed to think. Other people had like it’s too strong, but we didn’t believe it had all of those prerogatives where we wanted to constitutionally … He seems to believe it was like a king, and [00:30:00] he acted on that belief, and that’s caused a lot of his problems.
Matthew Feeney: Maybe it’s of some reassurance that, at least for the president, it seems to be an instinct rather than a thought-through ideology in that he didn’t … It seems to me when he fired Comey, it wasn’t really clear that he didn’t understand that it’s just not the sort of thing that presidents are supposed to do, which is to fire the FBI director without a good cause. It just seemed that he instinctively [00:30:30] wanted to get rid of him and proceeded. So perhaps the ignorance of the norms will help us in the long run.
Aaron Powell:Yeah. I think that’s an instance where he’s … I mean, Trump seems to be someone who clearly cannot update information. He has a way of thinking about things, and that’s the way things are, and he can’t change it. The Comey thing was fascinating because not only did he not realize that wasn’t the kind of thing a [00:31:00] president should do, but he genuinely thought that just firing Comey would kind of end the whole thing, which was very clear that that’s in his businesses where he was the king in effect, if there was someone he didn’t like, he just got rid of them, and then they went away, and he never had to hear about them again. And so he just kind of assumes that suddenly the United States government and the United States at large is now just like The [00:31:30] Trump Organization, and he can act the same way, and he has the same degree of power.
There is, I can’t remember where it was reported, but the talk of when he was running, it was Kellyanne Conway who said this, but talking about how when he won, all of these people who disrespected him were suddenly going to have to respect him, were suddenly going to have to like … They thought that that’s how it worked. And to fundamentally not get that this [00:32:00] system is so different that firing Comey would only make things dramatically worse in a way that he would be powerless to do anything about … He seems stuck in this mindset of running his small, family business, which The Trump Organization was really a small business in a lot of ways, and he just can’t figure out that he’s in a different environment. And so he’s just doing the same things with disastrous results as far as he’s concerned.
John Samples: Well, there’s also, I think, [00:32:30] a larger picture here that has run its course now and may continue running this way. In a way, if you look at Watergate, the presidents elected afterwards were frequently outsiders. And there was a kind of narrative that seemed to fit, which is the outsider comes from the states, are frequently a governor, and he’s going to clean up Washington, “drain the swamp,” and make everything … Now, with Carter and Reagan and Clinton even, you did have people who were professional [00:33:00] politicians who had political experience. They had some idea … Particularly with Reagan had run a small country for eight years and so on, but also the other two, and they had their ups and downs and so on.
But the search for the outsider, the man on the white horse in a way, but Americans are big about the pure guy from outside that’s not tainted by the system. Even Bush, George W. From … George H. W. is the only one that’s the insider, [00:33:30] right? H. W. and Barack Obama for a variety of reasons. Even though he was a senator, was a outsider in many ways. You could see him that way.
And Trump is the ultimate person like that. He is the guy that’s going to come and “drain the swamp” and blow it up and burn it down and make it all better. And that’s just not the way you actually make things better. For our agenda [00:34:00] somehow, if we were going to get serious buy-in and serious changes toward it, is going to take people that can convince others to do it. It’s got to have political experience and knows how to get Congress to do it.
Aaron Powell: One thing that I have found myself thinking about in this first year is, so we talk about the notion of rational ignorance among voters, that that can explain why voters often make bad decisions [00:34:30] because it’s not in their best interest to spend the amount of time studying policy issues and economics and law and all of that that you would need in order to really know the difference between these candidates or know how these policies would play out. That kind of ignorance is, I mean, we call it rational, so in a sense it’s excusable ignorance because for most people, given the insignificance of your vote, it would actually be the wrong decision for them to put that amount of investment [00:35:00] in to learning this stuff.
But the thing that struck me about Trump’s election, and then the way his first year has played out, and then the core of his base that remains committed to him, is there’s a different sort of ignorance at play here that I think you can’t call rational and, in fact, is a much more troubling kind of ignorance, both in terms of what it did here [00:35:30] and going forward but also in terms of, I think, the nature of democracy.
And that’s an ignorance of, if I were to put it in virtue ethical terms, as I frequently do on Free Thoughts, it would be an ignorance in the practical and intellectual virtues, an absolutely inability to recognize basic competence, that it was obvious throughout the whole campaign that this was a man who, regardless [00:36:00] of his policies, was utterly incompetent to govern and would be terrible when he got elected. That wasn’t a partisan issue. Everyone recognized that except suddenly a bunch of Americans didn’t, and a lot of Americans still don’t.
And that seems to me to be a really troubling thing about American democracy, American electorate, is not just that they’re rationally ignorant about policy issues, but they seem to have now displayed that they [00:36:30] are incapable of recognizing basic human functioning to even do the job in the first place.
John Samples: That’s possibly true. We don’t know how many people of that and how many new voters and so on. But I would say also, remember the intellectual case for Trump’s election made by a intellectual was the Flight 93 election, right? As you may know about the Flight 93 election, it’s [00:37:00] we’re on Flight 93 that went down in Pennsylvania, except it’s an election, and Hillary Clinton is flying the plane, and we know how this ends. And here’s this guy over here that doesn’t seem like he’s knows anything. Remember, this was an article because conservative intellectuals were having their doubts, let’s say. And there’s this guy over here, Donald Trump, he may not be able to fly the plane, but we still should rush the cockpit and put him in and see if he [00:37:30] can fly it because we know what the next alternative is.
So I think a lot of people saw it less as … They had some delusions about Donald Trump I would guess, but we all have some delusions. But they saw her as so bad that, in a way, it was a better to take a … The plane was going to crash, likely, whatever you were doing because we were in a certain situation. But take a chance on him [00:38:00] because he was better than she was, even though you could acknowledge that she was bad.
Now, I think it is an interesting question you raise. I just don’t know how I could sort out … We do know that still he got 90 million votes, 90% of the Republican vote, that’s about normal for a candidate. He’s maintained a pretty good approval rating among Republicans. It [00:38:30] could also be that what you identify as ignorance is just a kind of, what I would talk about as an extreme partisanship that has gone too far. It’s sucked up everything in its path, and so it’s all about red team or blue team, and there’s no independent …
We see this in the public opinion data. People don’t make independent, by and large, at least the people that move don’t make independent decisions about whether the federal government can do [00:39:00] what is right most of the time. When their team is in, yes, the answer is it can. When their team is out, about 20 or 30% just shift over into the other column. So it could be that, while partisanship has its uses, it’s just gotten out of hand here, and people ignore … In a sense, maybe you could say that the Flight 93 argument itself is a sign of partisanship out of control.
Matthew Feeney:To me, [00:39:30] the whole argument just seemed to be a little strange because the analogies weren’t working, at least when I read the Flight 93 article. But we got to be careful about overstating the degree of support that he … So, yeah, 90% of Republican voters, but President Trump, I believe this is correct, had fewer votes than Mitt Romney in 2012. It’s not as if there was this massive swell of popular support.
Your mention of Flight [00:40:00] 93 reminded me of P. J. O’Rourke’s comment about the election where he said that Clinton is wrong but wrong within normal parameters. I think actually it’s really quite important to keep within the normal parameters, that it actually is worth, even if you know that a Clinton administration would be a disaster, at least it would be a disaster within the norm.
Now, it could be that, like we mentioned earlier, norms change [00:40:30] and the outcome of that remains to be seen. But isn’t that important? Isn’t it important to think, “Yeah, we got to keep within some certain norms, we shouldn’t just throw caution to the wind because we really, really don’t like the other candidate”?
John Samples: Well, that’s the problem. It does seem like people had talked themselves into thinking that he wasn’t so bad or she was really bad, right? There was, as I say, reason to [00:41:00] think that she was breaking norms. Maybe it was overdone. The other thing is you could say, well, what we’ve had here, to go back to a topic from a couple minutes ago, I mean, what we have here is a fairly normal Republican administration with perhaps fewer, given that they have a majority in both houses, fewer achievements to their … But they got rid of a lot of regulation on the executive order side. So apart from the craziness at 1600 [00:41:30] and his fighting with others and his behavior, this is just a maybe a little inexperience but is a pretty normal administration.
One of the great concerns about the coming year is NAFTA stayed firm, the trading system was okay last year and 2017, and so on and so forth. The immigration stuff is starting to happen, but the actual big stuff on the … [00:42:00] Orders go stopped, blah, blah, blah. So there may be much worse to come, but it looks like kind of like you could argue that, but you can’t argue that about the behavior of the president.
Aaron Powell:I’ve heard the argument that one of the reasons the Republican Congress seemed to look the other way on a lot of this and be somewhat protective of him and not critical of him and not distance themselves from him was because they wanted to get [00:42:30] through their signature legislation. And Obamacare failed in that regard and is likely off the table now, but they just recently got their big tax bill through.
With that now done, which was the other big one that they were hoping for, and especially with the prospect of getting their clocks cleaned in 2018, do you think that we start to see [00:43:00] more Republican members of Congress thinking, “I should distance myself from him, I should be more critical”? Or even go so far as to thinking, “We might be able to get a lot more done with Pence”?
John Samples: I guess I would say that they don’t have to worry about those issues, but they may be thinking about primary voters. They could be concerned that their voters don’t … Again, a [00:43:30] pretty solidly placed House member’s going to be a in a 60/40 district, but if they lose 10% of the vote, they’re in trouble. And there does seem to be blood in the water. There do seem to be people retiring. There seem to be good-quality Democrats coming out. It’s really looking like a blowout’s coming. And so if you go out there, at least between now and election day, and oppose him, I think people are going to be afraid of being Jeff Flake electorally, even though they might want to be Jeff [00:44:00] Flake on the moral side of things.
So the behavior of Congress as a blocking mechanism does show something Gene Healy has said from time to time, which is the separation of powers doesn’t work so well when you have high partisanship and a Congress that is controlled by the president’s party. I mean, he was abusive of the, really abusive of the both, not so much [00:44:30] Ryan but of McConnell. And even that, McConnell is kind of like a very rational kind of … He doesn’t get upset about things. But my God, that was kind of norm. I mean, you’d say those things behind their back or behind closed doors. All of the stuff he says has been said, he just says it all in public, right? And that’s another breaking of a norm. Because when you say it behind closed doors, it means you know [00:45:00] this is not something you should be doing, and he doesn’t seem to get the two.
You raise the question of impeachment, I think we should talk about. Twenty-fifth Amendment’s another kind of issue and all of that. I guess I talked on Cato’s podcast about this. If he’s going to be impeached and removed, I would like for it to be clear cut so that a rational person and maybe two-thirds to three-quarters of the population says, “Yeah, he’s [00:45:30] got to go.”
I think to remove him because he is the way he is may well be justified. Constitutionally, that might be there. But I think we have to worry about making things worse than they are in the following sense. Having a significant part of the population running around thinking that this was a illegitimate act would not be good because [00:46:00] the doubts about the legitimacy of the government are, to some extent, what caused Trump himself. I think there needs to be some consent, not perfect, but there ought to be some.
The thing about it is, he may do things or things may come out where two out of three people, no matter whether they supported him or not, say, ” [00:46:30] Yeah, he’s guilty.” They just haven’t made it up. It’s not a deep state conspiracy. It’s not just the Dems got power in 2018 and they’re doing a partisan thing. No, this is, yeah, that’s what we got. But we’re not anywhere near there yet, and it’s not clear that he will have done that. I do think, of course, you’re paying a legitimacy price now, [00:47:00] too.
The Twenty-fifth Amendment, Gene has convinced me is that’s … I mean, he would have to be stark raving mad in some situation to get that done. Again, there, you’re probably really talking about a much more higher demand on consent. I mean, I think he would have to be Wilsonian in that he has a stroke [00:47:30] or something like that, that he’s incapacitated or he begins to behave in ways that we associate with madness.
So again, there’s been a little chatter about this since last week that there’s something wrong with the world we’re living in here. Every week, we go through this stuff. We could come in here every week and talk about the things that have gone on. This isn’t the way it’s supposed to be, and even [00:48:00] though the consequences … The year has been good in some ways, even from a libertarian perspective. Chris Edwards has talked a long time about tax reform. We got some of that and so on. But it’s been a very weird and just not as terrible as expected, and I just don’t know where we’re going.
Aaron Powell:Thanks for listening. This episode of Free Thoughts was produced by Tess Terrible and Evan Banks. [00:48:30] To learn more, visit us at www.libertarianism.org.
Aaron Ross Powell
Aaron Ross Powell is Director and Editor of Libertarianism.org, a project of the Cato Institute. Libertarianism.org presents introductory material as well as new scholarship related to libertarian philosophy, theory, and history. He is also co-host of Libertarianism.org’s popular podcast, Free Thoughts. His writing has appeared in Liberty and The Cato Journal. He earned a JD from the University of Denver.
Trevor Burrus
Trevor Burrus is a research fellow at the Cato Institute’s Center for Constitutional Studies. His research interests include constitutional law, civil and criminal law, legal and political philosophy, and legal history. His work has appeared in the Vermont Law Review, the Syracuse Law Review, and the Jurist, as well as the Washington Times, Huffington Post, and the Daily Caller. He holds a BA in Philosophy from the University of Colorado at Boulder and a JD from the University of Denver Sturm College of Law.
John Samples
John Samples directs Cato’s Center for Representative Government, which studies campaign finance regulation, delegation of legislative authority, term limits, and the political culture of limited government and the civic virtues necessary for liberty. He is an adjunct professor at Johns Hopkins University. Samples is the author of The Struggle to Limit Government: A Modern Political History and The Fallacy of Campaign Finance Reform. Prior to joining Cato, Samples served eight years as director of Georgetown University Press, and before that, as vice president of the Twentieth Century Fund. He has published scholarly articles in Society, History of Political Thought, and Telos. Samples has also been featured in mainstream publications like USA Today, the New York Times, and the Los Angeles Times. He has appeared on NPR, Fox News Channel, and MSNBC. Samples received his Ph.D. in political science from Rutgers University.
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CPhI Worldwide 2019 Frankfurt
Credit Suisse Annual Healthcare Conference 2019 Scottsdale
MEDICA 2019 Düsseldorf (COMPAMED 2019)
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Person › Details
Manfred Baier (Roche Applied Science (business area))
Baier, Manfred (Roche –201112 RETIRES 12/11 as head of Roche Applied Science)
Organisation Roche Applied Science (business area)
Today Roche Diagnostics (Group Division)
Group Roche (Group)
Product diagnostics (medical/biological)
Roche. (3/31/11). "Press Release: Roche Diagnostics Announces the Appointment of Robert Yates as New Head of Roche Applied Science". Penzberg.
Roche Diagnostics (SIX: RO, ROG; OTCQX: RHHBY), announced today that effective from April 1, Robert Yates has been appointed as new Head of Roche Applied Science. He succeeds Manfred Baier, who will be retiring from Roche at the end of 2011. Robert Yates subsequently held increasing leadership positions in R&D, engineering and process management within Roche Diagnostics, in Indianapolis and in Roche´s headquarters in Basel. Most recently he served as Global Head of Business Development and Licensing of Roche Diagnostics. Robert Yates will report to Daniel ODay, COO of Roche Diagnostics.
About Roche
Headquartered in Basel, Switzerland, Roche is a leader in research-focused healthcare, with combined strengths in pharmaceuticals and diagnostics. Roche is the world's largest biotech company with truly differentiated medicines in oncology, virology, inflammation, metabolism and CNS. Roche is also the world leader in in-vitro diagnostics, tissue-based cancer diagnostics and a pioneer in diabetes management. Roche's personalised healthcare strategy aims at providing medicines and diagnostic tools that enable tangible improvements in the health, quality of life and survival of patients. In 2010, Roche had over 80,000 employees worldwide and invested over 9 billion Swiss francs in R&D. The Group posted sales of 47.5 billion Swiss francs. Genentech, United States, is a wholly owned member of the Roche Group. Roche has a majority stake in Chugai Pharmaceutical, Japan. For more information: www.roche.com.
All trademarks used or mentioned in this release are protected by law.
More documents for Manfred Baier
[1] Roche. (3/31/11). "Press Release: Roche Diagnostics Announces the Appointment of Robert Yates as New Head of Roche Applied Science". Penzberg....
[2] Roche Diagnostics. (11/11/10). "Press Release: Roche Diagnostics Signs Memorandum of Understanding for a Strategic Partnership with CapitalBio". Beijing....
[3] Roche. (7/1/10). "Press Release: Roche and IBM Collaborate to Develop Nanopore-based DNA Sequencing Technology. Collaboration Aims to Accelerate Human Genome Analysis and Enable Advancements in Personalized Healthcare". Yorktown Heights, NY & Branford, C...
[4] Roche. (3/25/10). "Press Release: Roche NimbleGen Announces Frank Pitzer as New CEO". Madison, WI....
[5] Roche. (12/2/09). "Press Release: Roche’s Assay for 2009 H1N1 Influenza Virus Is Regularly Updated with the Latest Virus Sequences". Penzberg....
[6] Roche. (9/8/09). "Press Release: RiNA GmbH and 5 PRIME Acquire Roche RTS Protein Expression Portfolio". Penzberg....
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Enfield lies in the north of London, next to the rolling Hertfordshire countryside. Close to the city it is an attractive town, which boasts period properties and above average schools. On Gentleman’s Row, located in Enfield Town, you’ll find exquisite detached period homes, and nearby in Bush Hill Park the homes on Queen Anne’s Place, Gardens and Grove are highly desirable.
Those searching for flats should head to Enfield Central, a relatively new development near the train station; there are also studio apartments here. Victorian terrace houses can be found in the Hilly Fields Park area, Georgian houses in the town centre and the Clay Hill conservation area, and on the outskirts in the country lanes there are delightful older houses.
For attractive flat-fronted Victorian cottages you’ll find them located on River View and Gentleman’s Row. Bush Hill Park is a conservation area, and there are a number of semi-detached and detached homes here, both Edwardian and houses built in the 1920’s. Enfield has an abundance of Victorian, Edwardian, 1920’s and 1930’s homes. Enfield’s housing market is affordable in comparison to those in nearby Muswell Hill and Crouch End.
Standard of Living in Enfield
Enfield has the benefit of a busy shopping centre but the fact it was once a small town in the countryside is still apparent; there is still an ancient market in the square three times a week. Enfield attracts families due to the reputation of schools in the area and affordable homes. The countryside is on the doorstep of Enfield, with an abundance of green space. There are the famed gardens, which include Myddelton Gardens, Capel Manor College Gardens and Forty Hall Gardens. The area also is home to a museum, theatre, and a number of restaurants and cafes.
Other Living necessities in Enfield
The area is well known for its high quality schools. Primary schools in the area that have received ‘outstanding’ in their inspections include St Andrew’s CofE, St George’s RC and Worcester’s Primary School. George Spicer and Case Side, St Michael’s CofE and Lavender Primary Schools received ‘good’ from Ofsted.
With regard to comprehensives, there is Enfield Grammar for boys and Enfield County for girls, both of which achieve excellent GCSE results. Chace, Bishop Stopfords and Kingsmead Comprehensive Schools are also popular.
Enfield has a number of supermarkets, including Waitrose and Marks and Spencer’s. There is the Palace Gardens Shopping Centre and Pearson’s of Enfield department store. There are a number of high street stores such as H&M, Topshop and Next. Chain restaurants include Nando’s, Prezzo and Pizza Express. The Dugdale Centre is home to a museum and a theatre. There are three university campuses, as well as a library and a number of places of worship.
Places to visit near Enfield
Enfield is situated in north London, close by is Barnet and Haringey, with Waltham Forest to the southeast of Enfield and Epping Forest to the east, Lea Valley is within easy reaching distance. In Lea Valley there is a golf course and the William Girling reservoir to enjoy walks and explorations. Enfield has great transport links so it is very easy to reach the centre of London and the abundance of attractions that are on offer there.
Enfield Council Tax
You can find relevant council tax rates for Enfield at the following link: http://www.enfield.gov.uk/info/1000000653/council_tax
Featured Property in enfield
Properties to rent in Enfield
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Home » theatre » 'Shakespeare's Queens' / 'The Madness of King Lear' at the Arts Theatre, 1st November 2012
'Shakespeare's Queens' / 'The Madness of King Lear' at the Arts Theatre, 1st November 2012
Saturday, November 3, 2012 by londoncitynights
I consider myself relatively up to speed on Shakespeare. I enjoyed studying him in school and since then I've been to see traditional performances at the Globe and in Stratford-upon-Avon. I've also attended quite a few interpretations of Shakespeare here and there around London, most recently Henry V at The Old Red Lion. Aside from this I've seen a number of filmed versions of Shakespeare, most of which I thoroughly enjoyed. So, when I saw this double bill, I felt pretty confident that I'd at least know what was going on.
The two plays were Kath Perry's 'Shakespeare's Queens', and Sarah Fernandez Reyes 'The Madness of King Lear'. Both of them attempt to tackle the bard from unusual directions, taking his work apart and putting it back together in new configurations and seeing what you come up with.
The concept for 'Shakespeare's Queens' is a good one. Elizabeth I and Mary Queen of Scots are engaged in furious debate in the afterlife over whose style of ruling is better. Elizabeth's philosophy is that a monarch should be wedded to her country and should not surrender power to any prospective husband, while Mary argues that a woman should concentrate on producing heirs. To settle this dispute they summon the spirit of Shakespeare as both consider him an expert on what makes a good Queen. From there the play proceeds through the plays of Shakespeare, examining his fictional and historical Queens and arguing about what their merits or failures were.
This immediately brought to mind the BBC's wonderful show 'Horrible Histories'. Both this and the play take an irreverent but "100% accu-rat" look at different historical events and characters. The trick there is to take these stuffy people, known only through paintings and dusty books, and show them as real people through a comic lens. This play attempted to do much the same thing, with mixed results.
Perhaps this is more a failure on my part, but when it comes to Shakespeare I need about a ten minute 'settling in' period before I can properly get my head around the language. Once my brain has retuned itself I'll be fine, but until then I have to spend more time concentrating on what people are saying or who they are, rather than why they are doing things. This play never really gives you the opportunity to settle into the rhythms or get a handle on these characters. I was fine when it came to scenes from, for example, 'Hamlet', 'Anthony and Cleopatra' or 'A Midsummer Nights Dream', but when it comes to something a bit more obscure like 'Cymbeline' or 'Henry VIII' I found it very hard to follow what was going on.
The constant shifting of characters makes the central performances a bit choppy. Shakespeare, as played by Patrick Trumper is very entertaining to watch, and his visible swelling up with pride when he learns that nearly all children study his plays is surprisingly moving. He's also quickly able to slide into various roles, effectively switching from his upbeat Shakespeare into, for example, a guilt-ridden and shocked Macbeth.
Kath Perry, Patrick Trumper and Rachel Ferris
The two Queens are a bit more loose in their Shakespearian acting. I suppose there's inevitably a double layered effect to their performances. This is their argument, and when we see them playing Shakespearian Queens, they are in effect playing them through the lens of Elizabeth I or Mary Queen of Scots. This makes sense, but tends to drain the scenes of some of their import. Rachel Ferris maybe incorporates a touch too much of her Mary into the Shakespeare, and this affects the tone of some of the more serious excerpts. Her counterpart, Kath Perry, manages to maintain this balance much more effectively.
One of my main criticisms of this performance was oddly enough absolutely nothing to do with what was going on on the stage, but with the audience. Towards the back of the room, a mobile phone loudly went off FIVE times. If someone's mobile phone goes off in a play, my first reaction is a quiet pity. I've thankfully never had it happen to me, but all it takes is one moment of carelessness and suddenly everyone in the theatre is grumbling at you. I imagine it makes you feel like a total piece of shit. I'm sure one day there'll be a time where I forget, and I'll be that arsehole. But five times?! What the hell is going on? It pretty much ruined the whole atmosphere of the play, each time it went off was worse than the one before. I think it would have been arguably better to stop the play and kick the person out of the theatre rather than grimly work your way through it. One of the actors worked it into the play; saying "beheading, the punishment for those who don't switch off their phones". It got the biggest laugh in the play.
But even without the constant chirruping of the mobile phone this wasn't a very successful play. The worst part is that the argument never reaches a conclusion. The characters leave the stage bickering in exactly the same way as when they entered. It's arguable that character development isn't the point here, but even so we spend a solid hour with the same three people and the fact that the central argument never even comes close to being conclusively settled (despite the fact that Elizabeth is clearly right) is a bit frustrating. So a mixed bag all told.
At the midway point I noticed a lot of people leaving the theatre. An ominous sign, and one that put me in mind of rats leaving a sinking ship. I was a bit peeved; the first half wasn't that bad. Still, a nagging through lingered in the back of my mind. In a double-bill like this you want to put your strongest material first so people actually come back. If the first half wasn't even that great, then what does that bode for the second half?
As it turns out my instincts were correct. 'The Madness of King Lear' was a colossal mess. It tells the story of 'King Lear' through contemporary dance and abstract movement. If that sentence doesn't set off alarm bells, then I don't know what will. Now, I frequently go and see some pretty weird and incomprehensible stuff so it's not that I have a disliking of experimental theatre or performance art, but this was just a big fat mess.
But first I'd like to absolve the two central performers of much of the blame for this. Both Lucas R. Tsolakian (the Fool) and the brilliantly named Leofric Kingsford-Smith (King Lear) give it their all, but they're trapped in something so half-baked that it's unsalvageable, no matter how great a performer you are. Rather than drawing me into the tragedy and misery of Lear they instead made me feel entirely sympathetic towards them as they try and make the best of a bad situation.
Lucas R. Tsolakian and Leofric Kingsford-Smith
I should point out that 'King Lear' is one of the 'big' Shakespeare plays that I'm not especially familiar with. I know the basic plot outline, but I've never seen a production or adaptation in it. My foreknowledge of the play consisted of knowing that it was about a King dividing his estate between his three daughters, Goneril, Regan and Cordelia and the tragedy that this decision results in. I knew that pretty everyone winds up dead at the end (hey, it is Shakespeare after all), and that at some point someone gets their eyes gouged out.
So an adaptation that dispenses with every scene not involving Lear and the fool made it literally impossible for me to follow what was going on. But even if I'm lost narratively then maybe I can still consider it in a straightforwardly aesthetic way? I guess I can just enjoy the dancing and the music, right?
Well, I didn't have much a problem with the dancing, but the impression I got was that the person in charge hit 'shuffle' on their iPod and decided it from there. Look, you're unlikely to find as big a fan of 'Koyaanisqatsi' as me. If I had to pick a favourite film of all time, it'd most likely be that. In a month or so I'm actually going to see a new rearrangement of this score played to a screening of the film at the Barbican. Here its been relegated to vague mood music, prostituted out in service of something awful, with the horrible consequence that I think it's actually made me like it a little bit less than I did before I went in! When hear 'Pruitt-Igoe' I want to visualise a housing project collapsing, not some bearded guy screaming and someone rolling around in front of him!
Pictured: some bearded guy screaming and someone rolling around in front of him.
But far more egregious than even this is the storm sequence. The soundtrack? 'Du Hast' by Rammstein! 'DU HAST'?! Are you fucking kidding me? That song was played out by the time it was on the Matrix soundtrack in 1999! So I'm sitting there, watching two guys gamely staggering around a stage to a strobe light while this was on. It was deeply embarrassing for all concerned. I was half tempted when the scene ended to start clapping as if the play was over in the hope that others would join in and the performers would recognise it as an opportunity to get the hell out of there.
It was around this point that two things started happening. One was that there was a few barely suppressed giggles, especially when for no apparent reason the Fool started singing a mournful song in Italian for some reason. The second was that people started to leave. Neither of these are indications of a rousing success. I found myself desperately wishing that it'd be over and as if in sympathy with my mind, my belly started angrily rumbling. After what felt like an age it finally ended to what can only be described as polite applause.
So a mixed night. The first half was by far the best, but was ruined by an inconsiderate git with a mobile phone. The second half felt almost like a revenge on us for this transgression. The whole thing made me hanker for some more traditional Shakespeare. The best adaptations I've seen are the ones that take liberties with the staging and setting, and stick fairly closely to the text, something neither of these pieces did. I don't think it was a wasted night, but frequently it felt like a tedious, boring and silly one.
Tags: Arts Theatre , comedy , dance , katy perry , review , sarah fernandez reyes , Shakespeare , Shakespeare's Queens , The Madness of King Lear , theatre
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ESSAYS POWERED BY
Majority Rules Essay
Submitted By Z1764104Students
Words: 863
Connor Johnson
Mr. Neumeyer
A.P. Government
The Role of “Majority Rules” in American Politics When you think of a democracy, you generally think of a governmental system that has the core principle of “majority rules.” With a true democracy, a country is trying to protect minority’s rights while at the same time allowing the popular majority to rule. The concept of “majority rules” was established to organize the American government and decide public issues without taking away the basic rights and freedoms of minority groups. In 2000, California began its fight to keep marriage between opposite sex couples and passed Proposition 22 with 61% of the popular vote. Over the next 13 years, California courts fought diligently to overturn this and allow same-sex couples to marry in the state. Finally in 2013, the U.S. Supreme Court dismissed the appeal of Proposition 8 which allowed same-sex marriage therefore accepting the previous court’s ruling and ultimately allowing this in California. The role of “majority rules” is a very key arguing factor in this case and in simple terms, this kind of election was the right way to go in this scenario. If the United States wants to have a properly functioning democracy, individual rights may be honored, but only those licensed by the majority should be accepted. Minority rights may be listened to and strongly considered but if they are given full voice, the United States democracy will never function as it was intended to. In the case of Proposition 8, the state of California held a general election among the population of the state. This was the right course of action because with such a controversial issue, it needed to be ensured that the minority group that supported same-sex marriage didn’t have the controlling voice on the decision, a general election was fair to make sure that everyone had their say. According to Federalist 10, Madison would consider proponents of same-sex marriage a faction because they were a number of citizens, whether a majority or minority, who were united and activated "by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community." As Madison continued to explain, removing factions completely would be impossible but came to the conclusion that limiting their effects was the most that the United States government could do. Madison was not a large supporter of factions and in this case he may have sided with the “majority rules” ruling. Those people that are opposed to the “majority rules” view of democracy don’t like the idea of reliance on a person or combination of person’s viewpoints. They argue that any person or group of persons is not qualified to rule and that only those with ample qualifications should be able to suggest opinions to be decided on. As Lysander Spooner said, “a man is none the less a slave because he is allowed to choose a new master once in a term of years.” A true democracy is one that allows “majority rules” decisions and willingly takes in the interests of others. If the United States wants to claim that they run a democracy as their form of government, they need to realize that “majority rules” should remain sovereign in all cases. Individual viewpoints may be considered but the only ones that are acted upon must be voted on by the majority. The proponents of the majority rule form of democracy hold…
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As for her own way of staying mentally aware?
“I eat a much more plant-based diet these days,” says the ex-wife of Arnold Schwarzenegger. “I started meditating, doing brain games and minimizing my stress when possible.”
Sugar is tricky.
“I’ve always had a sweet tooth,” admits the 61-year-old activist with a laugh. “I’m trying to get rid of it the best I can. I ask for help. I tell my daughter [Katherine Schwarzenegger], ‘If you see me eating something bad, stop me.’ I’m more aware now.”
Shriver also wants to educate the community that Alzheimer’s, affecting 5.4 million Americans, is not just a senior issue.
“You think that it only happens to people in their 80s,” says the former first lady of California, “but there are those in the prime of their lives who can’t believe it is happening to them.”
While there are no solid answers as to what causes the mentally debilitating illness, researchers have found that keeping your brain and body active certainly can’t hurt.
“You need to take care of your brain and treat it like a muscle as you would treat a bicep or a tricep,” says Shriver, who won two Emmys as co-executive producer for “The Alzheimer’s Project,” a 2009 HBO documentary. “You are responsible for its strengthening.”
She calls the disease, marked by increased memory loss, a “biomedical crisis” that affects not just patients but their caregivers as well.
“I want anyone who attends our event to walk out of there saying, ‘Wow. I didn’t know that.’”
Also available at Equinox will be coloring books Shriver helped develop with neurologists, psychologists and nursing-home residents. After the class, she’ll hang out with her brother, Miami-based Best Buddies International founder Anthony Shriver and his family.
“We always seem to end up at Joe’s Stone Crab,” she says.
More info: http://thewomensalzheimersmovement.org/moveforminds
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Jennifer Lopez wants to play the Super Bowl halftime show in Miami. Your move, NFL.
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[Rev. 2/6/2019 2:39:53 PM]
Link to Page 1712
ê2007 Statutes of Nevada, Page 1713ê
CHAPTER 351, SB 191
Senate Bill No. 191–Committee on Finance
AN ACT relating to state financial administration; revising the provisions governing the Account for the Technological Crime Advisory Board; making an appropriation; and providing other matters properly relating thereto.
[Approved: June 13, 2007]
Legislative Counsel’s Digest:
Under existing law, money in the Account for the Technological Crime Advisory Board does not revert to the State General Fund. (NRS 205A.090) Section 1 of this bill provides that any money in the Account that is appropriated from the State General Fund or the State Highway Fund must revert as provided in the legislation authorizing the appropriation. Section 2 of this bill makes an appropriation to the Office of the Attorney General for certain computer equipment and software.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205A.090 is hereby amended to read as follows:
205A.090 1. The Account for the Technological Crime Advisory Board [for the Nevada Task Force for Technological Crime] is hereby created in the State General Fund. The Board shall administer the Account.
2. The money in the Account must only be used to carry out the provisions of this chapter and pay the expenses incurred by the Board in the discharge of its duties, including, without limitation, the payment of any expenses related to the creation and subsequent activities of the task forces on technological crime.
3. Claims against the Account must be paid as other claims against the State are paid.
4. The money in the Account that is provided from sources other than the State General Fund or the State Highway Fund must remain in the Account and must not revert to the State General Fund at the end of any fiscal year. Money in the Account that is appropriated or allocated from the State General Fund or the State Highway Fund must revert as provided in the legislation that authorizes the appropriation or the allocation.
Sec. 2. There is hereby appropriated from the State General Fund to the Office of the Attorney General the sum of $452,272 for the purchase of computer hardware and software, including a tape backup system, and for the purchase of projectors.
Sec. 3. Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
ê2007 Statutes of Nevada, Page 1714 (CHAPTER 351, SB 191)ê
was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 4. This act becomes effective upon passage and approval.
AN ACT making various appropriations; and providing other matters properly relating thereto.
Section 1. 1. There is hereby created in the State General Fund a disbursement account to be administered by the Legislative Counsel Bureau.
2. Money appropriated to the disbursement account for the use of a specific entity must be allocated to that entity from time to time upon the submittal to the Legislative Counsel Bureau of an appropriate request for an allocation that is based on costs incurred.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Nevada Cancer Institute the sum of $5,000,000 for expansion of laboratory and clinical space.
2. Upon acceptance of the money appropriated by subsection 1, the Nevada Cancer Institute shall:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Cancer Institute through December 1, 2008;
(b) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2010, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Cancer Institute through December 1, 2010;
(c) Prepare and transmit a final report to the Interim Finance Committee on or before September 16, 2011, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Cancer Institute through June 30, 2011; and
(d) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Cancer Institute, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2011.
Sec. 4. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Nevada Cancer Institute for research and community outreach and education for the Fiscal Year 2007-2008, the sum of $2,500,000.
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2007, that describes each expenditure made from the money appropriated by subsection 1, from the date on which the money was received by the Nevada Cancer Institute through December 1, 2007;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 19, 2008, that describes each expenditure made from the money appropriated by subsection 1, from the date on which the money was received by the Nevada Cancer Institute through June 30, 2008; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Cancer Institute, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
Institute, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
Sec. 8. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of:
(a) High Sierra Industries the sum of $1,000,000 for the establishment of a center to provide services ranging from life skills training to employment counseling to persons with a variety of disabilities.
(b) Opportunity Village the sum of $3,000,000 for vocational training, employment and social recreation services for persons with intellectual disabilities in southern Nevada.
(c) Washoe Arc the sum of $1,000,000 for the construction of a facility in Washoe County to serve the needs of persons with developmental disabilities.
2. Upon acceptance of the money appropriated by subsection 1, High Sierra Industries, Opportunity Village and Washoe Arc, respectively, shall each:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by High Sierra Industries, Opportunity Village and Washoe Arc, respectively, through December 1, 2008;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by High Sierra Industries, Opportunity Village and Washoe Arc, respectively, through June 30, 2009; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of High Sierra Industries, Opportunity Village and Washoe Arc, respectively, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
Sec. 9. Any remaining balance of an appropriation made by section 8 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 10. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Institute for Neuro-Immune Disease the sum of $2,000,000 for the construction of, and furnishings, and equipment for, a facility relating to the research and treatment of neuro-immune disorders.
2. Upon acceptance of the money appropriated by subsection 1, the Institute shall:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Institute through December 1, 2008;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Institute through June 30, 2009; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Institute, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
Sec. 11. Any remaining balance of the appropriation made by section 10 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 12. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the:
(a) Clark County Public Education Foundation, Inc., the sum of $250,000 for new programs and expansion of outreach efforts.
(b) Washoe County School District Educational Foundation, Inc., the sum of $150,000 for new programs and expansion of outreach efforts.
2. Upon acceptance of the money appropriated by subsection 1, the Clark County Public Education Foundation, Inc., and the Washoe County School District Educational Foundation, Inc., respectively, shall each:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Clark County Public Education Foundation, Inc., and the Washoe County School District Educational Foundation, Inc., respectively, through December 1, 2008;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Clark County Public Education Foundation, Inc., and the Washoe County School District Educational Foundation, Inc., respectively, through June 30, 2009; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Clark County Public Education Foundation, Inc., and the Washoe County School District Educational Foundation, Inc., respectively, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
Sec. 13. Any remaining balance of an appropriation made by section 12 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 14. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Lou Ruvo Brain Institute the sum of $3,000,000 for research, clinical studies, operations and educational programs at the Institute.
Sec. 16. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Nevada Discovery Museum in Reno the sum of $1,000,000 for capital construction and initial operating expenses.
2. Upon acceptance of the money appropriated by subsection 1, the Museum shall:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Museum through December 1, 2008;
(b) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2010, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Museum through December 1, 2010;
(c) Prepare and transmit a final report to the Interim Finance Committee on or before September 16, 2011, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Museum through June 30, 2011; and
(d) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Museum, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated by subsection 1.
Sec. 18. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Lied Discovery Children’s Museum the sum of $500,000 for the costs of planning a new facility.
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Museum through June 30, 2009; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Museum, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
Sec. 20. 1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act for the use of the Las Vegas Natural History Museum the sum of $500,000 for the support and improvement of the Museum.
Secs. 22 and 23. (Deleted by amendment.)
Sec. 24. The appropriations made by the provisions of this act are not intended to finance ongoing expenditures of state agencies, and the expenditures financed with those appropriations must not be included as base budget expenditures in the proposed budget for the Executive Branch of State Government for the 2007-2009 biennium.
Sec. 25. 1. This section and sections 1, 2, 3, 8 to 15, inclusive, and 24 of this act become effective upon passage and approval.
2. Sections 4, 5 and 16 to 23, inclusive, of this act become effective on July 1, 2007.
3. Sections 6 and 7 of this act become effective on July 1, 2008.
CHAPTER 353, AB 13
Assembly Bill No. 13–Assemblywoman Allen (by request)
AN ACT relating to watercraft; increasing the age under which a person on a vessel is required to wear a personal flotation device; and providing other matters properly relating thereto.
Existing law requires a person under the age of 12 years to wear a personal flotation device when on the topside of a noncommercial vessel. (NRS 488.575) Section 2 of this bill raises the age to less than 13 years of age.
Section 1. (Deleted by amendment.)
Sec. 2. NRS 488.575 is hereby amended to read as follows:
488.575 1. Except as otherwise provided in subsection 2, a person shall not operate or authorize another person to operate a vessel under his ownership or control on any waters of this State unless each person on the vessel who is less than [12] 13 years of age is wearing a personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the Commission while the vessel is under way.
2. The provisions of subsection 1 do not apply to persons on board:
(a) A commercial vessel licensed by the United States Coast Guard for the transportation of passengers for hire; or
(b) Any other vessel who are below the deck or inside a cabin of the vessel.
Sec. 3. (Deleted by amendment.)
CHAPTER 354, AB 110
Assembly Bill No. 110–Assemblymen Claborn, McClain, Parks, Smith, Anderson, Conklin, Hogan, Kirkpatrick, Koivisto, Leslie, Manendo, Munford, Ohrenschall, Parnell, Pierce, Segerblom and Womack
Joint Sponsor: Senator Hardy
AN ACT relating to taxation; repealing the prospective expiration of the exemption from the property tax levied on the real and personal property of certain apprenticeship programs; and providing other matters properly relating thereto.
Existing law provides an exemption from the taxes levied on the real and personal property of an apprenticeship program if the property is held in trust or owned by a local or state apprenticeship committee. In addition, the apprenticeship program must be registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS and operated by an organization qualified pursuant to 26 U.S.C. § 501(c)(3) or (5). (NRS 361.106) The exemption expires by limitation on July 1, 2007.
This bill removes the provision which requires the exemption to expire by limitation.
Section 1. Section 58 of chapter 10, Statutes of Nevada 2001, at page 68, is hereby repealed.
Sec. 2. This act becomes effective on July 1, 2007.
Assembly Bill No. 197–Committee on Ways and Means
AN ACT making an appropriation to the Office of the State Controller for the purchase of computer hardware and software; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Office of the State Controller the sum of $79,797 for the purchase of computer hardware and software.
ê2007 Statutes of Nevada, Page 1723 (CHAPTER 355, AB 197)ê
AN ACT making an appropriation to the Information Technology Division of the Department of Administration to add sites and enhancements to the 800 MHz radio system; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State Highway Fund to the Information Technology Division of the Department of Administration the sum of $7,630,700 for adding 10 sites and enhancements to the 800 MHz radio project.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 18, 2009.
AN ACT making an appropriation to the State Gaming Control Board for implementation of new information system security measures and replacement of equipment; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the State Gaming Control Board the sum of $943,904 for the implementation of new information system security measures and the purchase of replacement equipment for electronic eavesdropping countermeasures, computer hardware and software and radio equipment.
AN ACT making an appropriation to the Grants Management Unit of the Department of Health and Human Services to purchase vehicles for and expand the capacity of Family Resource Centers; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Grants Management Unit of the Department of Health and Human Services the sum of $260,000 to provide for the purchase of vehicles, improvements to facilities or information technology.
entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
AN ACT making an appropriation to the Department of Education for upgrading video equipment and replacing computer equipment; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Department of Education the sum of $127,579 for upgrading videoconferencing equipment in the Carson City and Las Vegas offices, and purchasing replacement computer hardware and software.
AN ACT making an appropriation to the Department of Administration for the purchase of motor pool vehicles; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Department of Administration the sum of $907,649 for the purchase of 54 motor pool vehicles.
AN ACT making an appropriation to the Department of Administration to fund certain information technology projects; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Department of Administration the sum of $4,728,740 to pay the costs of information technology projects, including a state lands management system, enhancements to the Nevada Employee Action and Timekeeping System and the Nevada Executive Budget System, an electronic birth registration system, a study on the replacement of the EMS radio system, a medical and health records storage data warehouse and disaster recovery storage. The money expended for each such information technology project must be accounted for in a separate category within the appropriate budget account.
Assembly Bill No. 244–Assemblymen Conklin, Parnell, Smith and Kirkpatrick
AN ACT relating to education; revising provisions governing the review of school districts based upon certain financial management principles; and providing other matters properly relating thereto.
Existing law provides that to the extent money is made available by the Legislature, each school district in this State must undergo a review every 6 years to determine whether the school district is successfully carrying out certain financial management principles. (NRS 387.602-387.644) A school district may, under certain circumstances, be exempt from the 6-year review and undergo the review every 12 years. (NRS 387.631, 387.639) Upon completion of the review of a school district, the consultant who conducted the review must submit a preliminary report of the review to the superintendent of schools of the school district for the superintendent to prepare a written response. The preliminary report and the final report must be made available to the general public. (NRS 387.631) This bill revises provisions governing the preliminary report of the review and requires the consultant to submit the preliminary report to the superintendent of the school district or the superintendent’s designee for preparation of a written response of the school district. This bill also makes the preliminary report confidential until the final report has been submitted.
Section 1. NRS 387.631 is hereby amended to read as follows:
387.631 1. The consultant shall complete the review of a school district within 6 months after the date on which the review is commenced. The consultant shall prepare a final written report of the review that:
(a) Is documented by sufficient, competent and relevant evidence to provide a reasonable basis for the findings and conclusions of the consultant.
(b) If the consultant determines that the school district is not successfully carrying out the management principles in one or more of the areas set forth in subsection 2 of NRS 387.622, includes a plan for corrective action for the school district to carry out successfully the management principles in each area within 2 years.
school district to carry out successfully the management principles in each area within 2 years. The plan must:
(1) Be logically connected to and substantiated by the results of the review;
(2) Be specific and detailed; and
(3) Identify methods for the school district to reduce its costs and expenses.
(c) Includes the written response of the school district prepared pursuant to subsection 2.
2. The consultant shall furnish a copy of the preliminary report of the review to the superintendent of schools of the school district or the superintendent’s designee and discuss the report with the [superintendent.] superintendent or the superintendent’s designee. Within 30 days after receipt of the preliminary report, the superintendent [shall, in consultation with the board of trustees of the school district,] or the superintendent’s designee shall prepare a written response to the preliminary report that includes a statement of explanation or rebuttal of any findings contained in the preliminary report. The consultant shall include the written response of the school district in his final written report submitted pursuant to subsection 1.
3. The final written report of the consultant must be submitted to the board of trustees of the school district, the State Board, the Legislative Auditor and the Director of the Legislative Counsel Bureau for transmission to the Legislature within 60 days after the review is complete.
4. If the consultant determines that a school district is successfully carrying out the management principles for each of the areas set forth in subsection 2 of NRS 387.622, the school district is exempt from its next 6-year review unless the Legislature subsequently determines that the conditions or circumstances occurring within the school district warrant another review pursuant to NRS 387.602 to 387.644, inclusive. If a school district is exempt pursuant to this subsection, the exemption is valid for only one review and the school district must undergo a review at least once every 12 years.
5. The preliminary report is confidential until the final report is submitted. After the final written report is submitted, the preliminary report and the final report must be made available to the general public.
AN ACT relating to courts; increasing the number of district judges in the Second and Eighth Judicial Districts; increasing the number of district judges in the Second and Eighth Judicial Districts who must be judges of the family court; making an appropriation; and providing other matters properly relating thereto.
Section 1.5 of this bill increases the number of district judges in the Second Judicial District, which includes Washoe County, from 12 to 14. (NRS 3.010, 3.012) Both of the additional district judges must be judges of the family court, increasing the number of judges of the family court in the Second Judicial District from 4 to 6. (NRS 3.012)
Section 2 of this bill increases the number of district judges in the Eighth Judicial District, which includes Clark County, from 37 to 43. (NRS 3.010, 3.018) Five of the 6 additional district judges must be judges of the family court, increasing the number of judges of the family court in the Eighth Judicial District from 13 to 18. (NRS 3.018)
Sections 4 and 4.5 of this bill make an appropriation to pay for the salaries of the additional district judges.
Sections 1 and 1.3. (Deleted by amendment.)
Sec. 1.5. NRS 3.012 is hereby amended to read as follows:
3.012 For the Second Judicial District there must be [12] 14 district judges, [4] 6 of whom must be judges of the family court.
3.013 For the Third Judicial District there must be [three] two district judges.
Sec. 2. NRS 3.018 is hereby amended to read as follows:
3.018 For the Eighth Judicial District there must be [37] 43 district judges, [13] 18 of whom must be judges of the family court.
Sec. 3. The additional district judges required for the Second Judicial District pursuant to section 1.5 of this act and the additional district judges required for the Eighth Judicial District pursuant to section 2 of this act must be selected at the general election held on November 4, 2008, and take office on January 5, 2009. The terms of these judges expire on January 5, 2015.
Sec. 4. 1. There is hereby appropriated from the State General Fund to the District Judges’ Salary Account the sum of $852,992 for the salaries of the additional district judges required pursuant to sections 1.5 and 2 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, and reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 4.5. 1. There is hereby appropriated from the State General Fund to the District Judges’ Salary Account the sum of $700,248 for the salaries of the additional district judges required pursuant to sections 1.5 and 2 of this act.
Sec. 5. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 6. 1. This section and sections 3 and 5 of this act become effective on October 1, 2007.
2. Section 4 of this act becomes effective on July 1, 2008, if Senate Bill No. 248 of this Session is enacted by the Legislature and approved by the Governor.
3. Section 4.5 of this act becomes effective on July 1, 2008, only if section 4 of this act does not become effective.
4. Sections 1 to 2, inclusive, of this act become effective on January 5, 2009.
AN ACT making appropriations to the Division of Health Care Financing and Policy of the Department of Health and Human Services for relocation expenses and replacement vehicles, phone system and other equipment; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services:
1. For Health Care Financing and Policy, Administration, the sum of $157,112 for expenses related to the relocation of the Las Vegas Office, purchase of a heavy duty color printer, surge protectors and computer software and replacement of servers, storage appliances, laptop and desktop computers and furniture.
2. For the Nevada Check Up Program, the sum of $13,373 for expenses related to the relocation of the Las Vegas Office.
3. For Nevada Medicaid, Title XIX, the sum of $354,264 for expenses related to the relocation of the Las Vegas Office, replacement of the Reno Office phone system and three replacement vehicles.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriations are made or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
entity to which the appropriations are made or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
AN ACT making appropriations to the Department of Health and Human Services to replace vehicles, appliances, radios and other equipment at certain youth facilities; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the Juvenile Correctional Facility the sum of $54,315 for replacement equipment, including a dishwasher, a walk-in freezer, hot water heaters, a culinary mixer and a meat slicer.
2. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the Nevada Youth Training Center the sum of $100,073 for replacement of equipment, including two-way radios, a riding lawn mower, washers and dryers for cottages, an infirmary refrigerator, lockers for cottages, an industrial fryer and maintenance utility vehicles.
3. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the Caliente Youth Center the sum of $86,425 to replace agency-owned vehicles and equipment for youth dormitories, the facility kitchen and grounds maintenance.
AN ACT making supplemental appropriations to the Department of Health and Human Services for payment of stale Medicaid claims; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State General Fund to the Department of Health and Human Services the sum of $439,365 for payment of a stale claim for Medicaid overpayment at the Desert Regional Center. This appropriation is supplemental to that made by section 19 of chapter 327, Statutes of Nevada 2003, at page 1834.
2. There is hereby appropriated from the State General Fund to the Department of Health and Human Services the sum of $95,229 for payment of a stale claim for Medicaid overpayment at the Rural Regional Center. This appropriation is supplemental to that made by section 19 of chapter 327, Statutes of Nevada 2003, at page 1834.
AN ACT making an appropriation to the Department of Health and Human Services for computer software and hardware and other equipment; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Department of Health and Human Services, Aging Older Americans Act, the sum of $52,748 to partially fund the replacement of computer hardware and software and to partially fund the purchase of air-conditioning for server rooms in Reno and Carson City.
purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
AN ACT making appropriations to restore the balances in the Stale Claims Account, Emergency Account and Reserve for Statutory Contingency Account; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the:
1. Stale Claims Account created by NRS 353.097 the sum of $4,500,000 to restore the balance in the Account.
2. Emergency Account created by NRS 353.263 the sum of $154,973 to restore the balance in the Account.
3. Reserve for Statutory Contingency Account created by NRS 353.264 the sum of $5,000,000 to restore the balance in the Account.
Assembly Bill No. 469–Assemblymen Mortenson, Anderson, Buckley, Koivisto, McClain, Pierce and Womack
AN ACT relating to parks; requiring the Division of State Parks of the State Department of Conservation and Natural Resources, to the extent that money is available, to conduct a study of the feasibility of establishing and developing a park in the Upper Las Vegas Wash; and providing other matters properly relating thereto.
Section 2 of this bill requires the Division of State Parks of the State Department of Conservation and Natural Resources to work with the University of Nevada, Las Vegas, to conduct a study of the feasibility of establishing and developing a park in the Upper Las Vegas Wash if sufficient money is available.
Whereas, The portion of the Upper Las Vegas Wash known as the Tule Springs Archaeological Site was the site of significant archaeological and paleontological digs in the 1960s; and
Whereas, The Upper Las Vegas Wash is world-famous for its abundant and well-preserved fossils of extinct animals dating to the latter part of the ice age; and
Whereas, The fossils found in the Upper Las Vegas Wash range in age from more than 40,000 years old to 11,000 years old and include remains of extinct mammoths, ground sloths, giant lions, camels and llamas, giant bison and large and small horses, as well as abundant small mammals, birds, reptiles, amphibians and fish; and
Whereas, Study of these fossils could provide significant educational resources to the people of the State of Nevada; and
Whereas, The Upper Las Vegas Wash is one of the last remnants of untouched desert immediately adjacent to the City of Las Vegas, and thus is an important natural resource for the State of Nevada; and
Whereas, The Upper Las Vegas Wash should be preserved to ensure the resource is not lost; and
Whereas, A park created in the Upper Las Vegas Wash could become a major attraction for the people of Nevada, bringing national and international tourists to the State in the same way that the La Brea Tar Pits of Los Angeles attract visitors to California; now, therefore,
Sec. 2. 1. The Division of State Parks of the State Department of Conservation and Natural Resources, in cooperation with the University of Nevada, Las Vegas, shall, to the extent that money is available, conduct or cause to be conducted, a study to consider the feasibility of establishing and developing a park in the area of Clark County, Nevada, known as the Upper Las Vegas Wash, consisting of approximately 315 acres, more properly described as: Lot 7, SE 1/4 of the SW 1/4, S 1/2 of the SE 1/4 of section 6; and Lot 1, the NE 1/4 of the NW 1/4, the N 1/2 of the NE 1/4 of section 7; all in T.
Las Vegas Wash, consisting of approximately 315 acres, more properly described as: Lot 7, SE 1/4 of the SW 1/4, S 1/2 of the SE 1/4 of section 6; and Lot 1, the NE 1/4 of the NW 1/4, the N 1/2 of the NE 1/4 of section 7; all in T. 19 S., R. 61 E., M.D.B. & M.
2. Any such study must include, without limitation, a consideration of the feasibility of developing a museum and a live dig site that is available for the public to visit.
3. The Division may receive and expend money from any public or private institution or person to carry out the provisions of this section.
4. The Administrator of the Division of State Parks may appoint an advisory board consisting of recognized paleontologists from within or without the State of Nevada to assist him in carrying out any study conducted pursuant to subsection 1.
AN ACT making appropriations to the State Department of Agriculture; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State General Fund to the State Department of Agriculture, Administration, the sum of $138,725 for the purchase of servers for the Reno and Las Vegas offices and other computer hardware and software, and the replacement of two vehicles.
2. There is hereby appropriated from the State General Fund to the State Department of Agriculture for the Plant Industry Program the sum of $267,045 for the replacement of 14 vehicles.
3. There is hereby appropriated from the State General Fund to the State Department of Agriculture, Veterinary Medical Services, the sum of $51,973 for the purchase of new and replacement laboratory equipment for Reno and Elko and to replace one veterinary vehicle.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
AN ACT making supplemental appropriations to the Department of Motor Vehicles for various costs; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State Highway Fund to the Director’s Office of the Department of Motor Vehicles the sum of $655,116 for an anticipated shortfall in operating costs for kiosks throughout the State. This appropriation is supplemental to that made by section 32 of chapter 434, Statutes of Nevada 2005, at page 1943.
2. There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles, Automation Division, the sum of $374,024 for unanticipated Department of Information Technology charges. This appropriation is supplemental to that made by section 32 of chapter 434, Statutes of Nevada 2005, at page 1943.
3. There is hereby appropriated from the State Highway Fund to the Hearings Office of the Department of Motor Vehicles the sum of $5,378 for a shortfall in operating costs due to an increased hearing caseload. This appropriation is supplemental to that made by section 32 of chapter 434, Statutes of Nevada 2005, at page 1943.
AN ACT making appropriations to the Department of Transportation for highway improvements; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Department of Transportation for improvements, funded by State General Fund revenues in excess of the spending cap, to:
1. Interstate Highway 15 in Las Vegas, the sum of $154,000,000.
2. State Route 160, Blue Diamond, the sum of $16,000,000, except that no portion of this sum for improvements to State Route 160 may be utilized by the Department unless the State Controller, upon satisfactory proof submitted by the Department, determines that $2,000,000, in money or in goods and services provided in kind, or both, has been committed for such improvements from sources other than federal, state, regional or local governmental entities.
submitted by the Department, determines that $2,000,000, in money or in goods and services provided in kind, or both, has been committed for such improvements from sources other than federal, state, regional or local governmental entities.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2011, by the entity to which the appropriations are made or any entity to which money from an appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2011.
Sec. 3. In addition to the appropriations made by section 1 of this act, there is hereby appropriated from the State Highway Fund to the Department of Transportation for improvements to Interstate Highway 15 in Las Vegas:
For the Fiscal Year 2007-2008................................................. $8,000,000
Sec. 4. Any remaining balance of the appropriations made by section 3 of this act must not be committed for expenditure after June 30, 2011, by the entity to which the appropriations are made or any entity to which money from an appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 16, 2011.
Sec. 5. 1. This section and sections 1 and 2 of this act become effective upon passage and approval.
AN ACT making appropriations to the Department of Cultural Affairs; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State General Fund to the Department of Cultural Affairs, Administration, the sum of $250,124 for computer replacement for all agencies within the Department that are funded by the State General Fund.
2. There is hereby appropriated from the State General Fund to the Archives and Records Division of the Department of Cultural Affairs the sum of $89,146 for a box tracking software system to improve efficiency, accuracy and responsiveness within the State Records Center.
sum of $89,146 for a box tracking software system to improve efficiency, accuracy and responsiveness within the State Records Center.
3. There is hereby appropriated from the State General Fund to the Division of Museums and History of the Department of Cultural Affairs the sum of $505,092 for the purchase of new and replacement equipment, including tables, chairs, cabinets, racks, a dry-mount press and vehicles, and for the purchase of a portion of the Liberty Belle antique slot machine collection.
4. There is hereby appropriated from the State General Fund to the Nevada State Library of the Department of Cultural Affairs the sum of $68,115 for the purchase of three microfilm remote access systems and for the replacement of staff chairs and rolling ladders.
5. There is hereby appropriated from the State General Fund to the State Railroad Museum of the Department of Cultural Affairs the sum of $120,000 to comply with the amended agreement for restoration of McKeen Motor Car by completing restoration of the Motor Car and performing a restoration feasibility study for Nevada Copper Belt No. 22, a Hall-Scott car.
Assembly Bill No. 563–Committee on Education
AN ACT relating to education; revising the calculation of the basic support guarantee for school districts in Fiscal Year 2008-2009 under certain circumstances; and providing other matters properly relating thereto.
This bill would require the Superintendent of Public Instruction to recalculate the basic support guarantee for Fiscal Year 2008-2009 based upon a salary increase of 4.375 percent rather than 4 percent if the projected revenues from the local school support tax exceed a certain threshold.
Section 1. 1. On or before May 1, 2008, the Interim Finance Committee shall project the revenue to be received in the Fiscal Year 2007-2008 from out-of-state local school support tax revenues within the State Distributive School Account plus in-state local school support tax revenues pursuant to paragraph (b) of subsection 1 of NRS 387.1235, using all relevant information known to it.
Distributive School Account plus in-state local school support tax revenues pursuant to paragraph (b) of subsection 1 of NRS 387.1235, using all relevant information known to it.
2. If the amount projected pursuant to subsection 1 exceeds $1,146,335,088 the Interim Finance Committee shall so notify the Superintendent of Public Instruction and the Superintendent shall base the recalculation of the basic support guarantee required by subsection 6 of section 2 of Assembly Bill No. 627 of this session on a salary increase of 4.375 percent taking effect on July 1, 2008 instead of an increase of 4 percent.
AN ACT making an appropriation to the Interim Finance Committee for certain contingencies and potential transfer to the Fund to Stabilize the Operation of the State Government; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $36,000,000.
2. If the State Board of Examiners finds that circumstances for which the Legislature has made no other provision require a substantial expenditure that greatly exceeds the amount appropriated by the Legislature for that purpose, it may request an allocation by the Interim Finance Committee from the amount appropriated pursuant to subsection 1. If the Interim Finance Committee determines that the expenditure is required, that the amount greatly exceeds the amount appropriated by the Legislature for that purpose and that no other source of funding is available for the expenditure, the Interim Finance Committee may approve an allocation from the appropriation. The Interim Finance Committee shall by resolution establish the amount and purpose of the allocation, and direct the State Controller to transfer that amount to the appropriate fund and account. The State Controller shall thereupon make the transfer. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.
3. Upon receipt of the projections and estimates of the Economic Forum pursuant to paragraph (d) of subsection 1 of NRS 353.228 that are required to be reported before December 1, 2008, the Interim Finance Committee shall project the ending balance in the State General Fund for the Fiscal Year 2008-2009, using all relevant information available. If the projected ending fund balance for the Fiscal Year 2008-2009 exceeds the amount estimated by the 2007 Legislature, any remaining balance of the amount appropriated pursuant to subsection 1 must be transferred on January 1, 2009, to the Fund to Stabilize the Operation of State Government created pursuant to NRS 353.288.
amount appropriated pursuant to subsection 1 must be transferred on January 1, 2009, to the Fund to Stabilize the Operation of State Government created pursuant to NRS 353.288.
AN ACT making a contingent appropriation to the Tahoe Regional Planning Agency for replacement of vehicles; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State General Fund to the Tahoe Regional Planning Agency the sum of $79,763 for the replacement of eight older, high-mileage vehicles.
2. The Tahoe Regional Planning Agency may use the money appropriated by subsection 1 only if matching funds of at least $159,525 are provided by the State of California from sources other than the appropriation made by subsection 1.
Sec. 2. Any remaining balance of the appropriation made by subsection 1 of section 1 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
AN ACT relating to court programs; reducing the allocation of administrative assessments for use by the Supreme Court to provide an allocation for specialty court programs; eliminating the requirement that the Court Administrator submit a domestic violence report in 2009; and providing other matters properly relating thereto.
Existing law requires that 60 percent of the proceeds from certain administrative assessments be distributed to the Court Administrator for use by the Supreme Court. (NRS 176.059) Section 1 of this bill reduces that allocation to 48 percent and requires the remaining 12 percent to be allocated for use by specialty court programs.
Existing law requires the Court Administrator to submit to the Director of the Legislative Counsel Bureau biennially a written report concerning the effectiveness of counseling programs for persons who commit domestic violence. (NRS 1.360) Sections 2 and 3 of this bill eliminate this requirement after 2007.
176.059 1. Except as otherwise provided in subsection 2, when a defendant pleads guilty or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:
Fine Assessment
$5 to $49.............................................................................................. $25
50 to 59................................................................................................... 40
100 to 199.............................................................................................. 70
400 to 499............................................................................................ 100
500 to 1,000........................................................................................ 115
If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include in the sentence the amount of the administrative assessment that corresponds with the fine for which the defendant would have been responsible as prescribed by the schedule in this subsection.
2. The provisions of subsection 1 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
3. The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this subsection must be disbursed in the manner set forth in subsection 5 or 6. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.
4. If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.
5. The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.
(b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund.
6. The money collected for administrative assessments in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.
(b) Seven dollars for credit to a special revenue fund for the use of the justice courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
7. The money apportioned to a juvenile court, a justice court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:
(a) Training and education of personnel;
(b) Acquisition of capital goods;
(c) Management and operational studies; or
(d) Audits.
8. Of the total amount deposited in the State General Fund pursuant to subsections 5 and 6, the State Controller shall distribute the money received to the following public agencies in the following manner:
(a) Not less than 51 percent to the Office of Court Administrator for allocation as follows:
(1) Eighteen and one-half percent of the amount distributed to the Office of Court Administrator for the administration of the courts.
(2) Nine percent of the amount distributed to the Office of Court Administrator for the development of a uniform system for judicial records.
(3) Nine percent of the amount distributed to the Office of Court Administrator for continuing judicial education.
(4) [Sixty] Forty-eight percent of the amount distributed to the Office of Court Administrator for the Supreme Court.
(5) Three and one-half percent of the amount distributed to the Office of Court Administrator for the payment for the services of retired justices and retired district judges.
(6) Twelve percent of the amount distributed to the Office of Court Administrator for the provision of specialty court programs.
(b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:
(1) The Central Repository for Nevada Records of Criminal History;
(2) The Peace Officers’ Standards and Training Commission;
(3) The operation by the Nevada Highway Patrol of a computerized switching system for information related to law enforcement;
(4) The Fund for the Compensation of Victims of Crime; and
(5) The Advisory Council for Prosecuting Attorneys.
9. As used in this section:
(a) “Juvenile court” has the meaning ascribed to it in NRS 62A.180.
(b) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320.
1.360 Under the direction of the Supreme Court, the Court Administrator shall:
1. Examine the administrative procedures employed in the offices of the judges, clerks, court reporters and employees of all courts of this State and make recommendations, through the Chief Justice, for the improvement of those procedures;
2. Examine the condition of the dockets of the courts and determine the need for assistance by any court;
3. Make recommendations to and carry out the directions of the Chief Justice relating to the assignment of district judges where district courts are in need of assistance;
4. Develop a uniform system for collecting and compiling statistics and other data regarding the operation of the State Court System and transmit that information to the Supreme Court so that proper action may be taken in respect thereto;
5. Prepare and submit a budget of state appropriations necessary for the maintenance and operation of the State Court System and make recommendations in respect thereto;
6. Develop procedures for accounting, internal auditing, procurement and disbursement for the State Court System;
7. Collect statistical and other data and make reports relating to the expenditure of all public money for the maintenance and operation of the State Court System and the offices connected therewith;
8. Compile statistics from the information required to be maintained by the clerks of the district courts pursuant to NRS 3.275 and make reports as to the cases filed in the district courts;
9. Formulate and submit to the Supreme Court recommendations of policies or proposed legislation for the improvement of the State Court System;
10. On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report compiling the information submitted to the Court Administrator pursuant to NRS 3.243, 4.175 and 5.045 during the immediately preceding fiscal year;
11. On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau a written report concerning:
(a) The distribution of money deposited in the special account created pursuant to NRS 176.0613 to assist with funding and establishing specialty court programs;
(b) The current status of any specialty court programs to which money from the account was allocated since the last report; and
(c) Such other related information as the Court Administrator deems appropriate;
12. On or before February 15 of each odd-numbered year, submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling the information submitted by clerks of courts to the Court Administrator pursuant to NRS 630.307 and 633.533 which includes only aggregate information for statistical purposes and excludes any identifying information related to a particular person;
Administrator pursuant to NRS 630.307 and 633.533 which includes only aggregate information for statistical purposes and excludes any identifying information related to a particular person;
13. On or before February 15 [of each odd-numbered year,] , 2007, submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report concerning the effectiveness of participation in counseling sessions in a program for the treatment of persons who commit domestic violence ordered by a court pursuant to NRS 200.485 and the effect of such counseling sessions on recidivism of the offenders who commit battery which constitutes domestic violence pursuant to NRS 33.018; and
14. Attend to such other matters as may be assigned by the Supreme Court or prescribed by law.
Sec. 3. Section 3 of chapter 162, Statutes of Nevada 2005, at page 536, is hereby amended to read as follows:
Sec. 3. The report submitted to the Legislature by the Court Administrator in 2007 [and 2009] pursuant to subsection 13 of NRS 1.360, as amended by this act, must include information concerning the effectiveness of biweekly counseling sessions and the effect, if any, of participating in biweekly counseling sessions on recidivism of offenders.
Sec. 5. 1. This section and sections 2, 3 and 4 of this act become effective upon passage and approval.
2. Section 1 of this act becomes effective on July 1, 2008.
AN ACT relating to programs for public personnel; establishing for the next biennium the amount to be paid to the Public Employees’ Benefits Program for group insurance for certain active and retired public officers and employees; and providing other matters properly relating thereto.
This bill establishes the State’s share of the costs of premiums or contributions for group insurance for state officers and employees who participate in the Public Employees’ Benefits Program. (NRS 287.044, 287.0445, 287.046) This bill also establishes the base amount that is used to calculate the share of the costs of premiums or contributions for group insurance that must be paid by the State and local governments for retired public officers and employees who have at least 5 years of service and who participate in the Program. (NRS 287.023, 287.046)
Section 1. 1. For the purposes of NRS 287.044 and 287.0445 and subsection 1 of NRS 287.046, the State’s share of the cost of premiums or contributions for group insurance for each public officer or employee who elects to participate in the Public Employees’ Benefits Program is:
(a) For the Fiscal Year 2007-2008, $557.30 per month.
(b) For the Fiscal Year 2008-2009, $626.16 per month.
2. If the amount of the State’s share pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the public officer or employee selects less any amount paid by the public officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees’ Benefits Program created pursuant to NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons that are eligible to participate in the Public Employees’ Benefits Program through such a public officer or employee.
Sec. 2. For the purposes of NRS 287.023 and subsection 2 of NRS 287.046, the base amount for the share of the cost of premiums or contributions for group insurance for each person who has retired and continues to participate in the Public Employees’ Benefits Program is:
1. For the Fiscal Year 2007-2008, $365.34 per month.
AN ACT making an appropriation to the Office of the Governor to purchase replacement computer hardware and software and office furniture and machines; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Office of the Governor the sum of $32,405 to purchase replacement computer hardware and software, surge protectors, printers, office furniture, a fax machine, a scanner and two auto pens.
AN ACT making an appropriation to the Interim Finance Committee for allocation to the Department of Wildlife for the implementation of sagebrush habitat projects; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $200,800 for allocation to the Department of Wildlife to support implementation of sagebrush habitat projects identified in state and local plans.
2. Money appropriated pursuant to subsection 1 may only be allocated upon:
(a) Submittal by the Department of Wildlife of a detailed plan with cost estimates referencing the specific sagebrush habitat projects identified in the state and local sage grouse conservation plans that will be implemented;
(b) Approval of the plan and recommendation of the allocation by the State Board of Examiners; and
(c) Approval of the plan and allocation by the Interim Finance Committee. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.
3. Money appropriated and allocated pursuant to this section may only be used to satisfy the requirements for matching funds pursuant to the Federal Aid in Wildlife Restoration Act or to qualify for any other appropriate federal funding for implementation of the identified sagebrush habitat projects.
AN ACT making an appropriation to the Nevada System of Higher Education to fund a portion of the cost of the integration of computing resources; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Nevada System of Higher Education the sum of $10,000,000 to fund the integration of computing resources. The Nevada System of Higher Education shall not expend any portion of the amount appropriated pursuant to this section until it has expended $15,000,000 for this purpose from other sources.
Senate Bill No. 226–Senator Amodei
AN ACT making an appropriation to the Division of State Parks of the State Department of Conservation and Natural Resources to pay the expenses involved in thinning the forests in state parks; and providing other matters properly relating thereto.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $150,000 to be used to pay the expenses involved in thinning forests in state parks, including, without limitation, expenses related to the use of prison crews to perform the thinning and the costs of any other services that are necessary to manage effectively the thinning of the forests through harvesting of timber.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 3. 1. The Division of State Parks of the State Department of Conservation and Natural Resources shall, during the 2007-2009 interim, conduct a study:
(a) To determine the feasibility of generating revenue for forest management through thinning the forests in state parks, including, without limitation, the use of forest products for biomass fuel, soil amendments, commercial Christmas trees, firewood and commercial lumber harvesting; and
(b) To evaluate the fireshed management plan for protecting the Lake Tahoe Basin from fire incursion from outside the Basin.
2. The Administrator of the Division shall submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature.
AN ACT relating to the judicial system; adjusting prospectively the salaries of justices of the Supreme Court and district judges; making an appropriation; and providing other matters properly relating thereto.
Section 1 of this bill prospectively increases the annual base salaries of justices of the Supreme Court from $140,000 to $170,000. (NRS 2.050) Section 2 of this bill prospectively increases the annual base salaries of district judges from $130,000 to $160,000. (NRS 3.030)
Section 1. NRS 2.050 is hereby amended to read as follows:
2.050 1. Until the first Monday in January [2003,] 2009, the justices of the Supreme Court whose terms of office expire on the first Monday in January [2003] 2009 are entitled to receive an annual base salary of [$107,600.] $140,000. From and after the first Monday in January [2003,] 2009, their successors in office are entitled to receive an annual base salary of [$140,000.] $170,000.
2. Until the first Monday in January [2005,] 2011, the justices of the Supreme Court whose terms of office expire on the first Monday in January [2005] 2011 are entitled to receive an annual base salary of [$107,600.] $140,000. From and after the first Monday in January [2005,] 2011, their successors in office are entitled to receive an annual base salary of [$140,000.] $170,000.
4. All salaries provided for in this section are payable in biweekly installments as other state officers are paid.
3.030 1. Until the first Monday in January [2003,] 2009, the annual base salary of each district judge is [$100,000.] $130,000. From and after the first Monday in January [2003,] 2009, the annual base salary of each district judge is [$130,000.] $160,000.
2. If a district judge has served in his office for at least 4 years, he is entitled to an additional salary of 2 percent of his annual base salary for each year of service. The additional salary must not exceed 22 percent of his annual base salary.
3. The annual base salaries and the additional salary for longevity must be paid in biweekly installments out of the District Judges’ Salary Account of the Supreme Court.
4. No salary of any district judge may be paid in advance.
Sec. 3. 1. There is hereby appropriated from the State General Fund to the Supreme Court the sum of $46,590 for the additional salary costs for justices of the Supreme Court resulting from section 1 of this act.
2. There is hereby appropriated from the State General Fund to the District Judges’ Salary Account the sum of $1,212,274 for additional salary costs for district judges resulting from section 2 of this act.
3. There is hereby appropriated from the State General Fund to the Senior Justice and Senior Judge Program Account the sum of $185,445 for the additional salary costs for Senior Justices and Senior Judges resulting from the increased salaries provided for justices of the Supreme Court and district judges in sections 1 and 2 of this act.
4. Any remaining balance of the appropriations made by subsections 1, 2 and 3 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
AN ACT making an appropriation to the Adjutant General of the Office of the Military for the purchase of replacement vehicles and equipment; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Adjutant General of the Office of the Military the sum of $111,332 to fund replacement of older, high-mileage vehicles and associated equipment, and the purchase of an ATV/tractor, drain and duct inspection equipment and miscellaneous custodial equipment.
AN ACT making appropriations to the Division of Welfare and Supportive Services of the Department of Health and Human Services for the replacement of certain office equipment and computers; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services, Administration, of the Department of Health and Human Services the sum of $333,829 for routine replacement of aging equipment and computers.
2. There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services for Welfare Field Services the sum of $748,792 for replacement of aging computers, software and telephones.
AN ACT making appropriations to the State Department of Conservation and Natural Resources for replacement vehicles and computer hardware and software and to restore the balance in the Channel Clearance Account; and providing other matters properly relating thereto.
1. Division of Water Resources of the State Department of Conservation and Natural Resources the sum of $82,539 for three replacement trucks and computer hardware, and $250,000 to restore the balance in the Channel Clearance Account as established in NRS 532.220 and 532.230.
2. Division of Forestry of the Department the sum of $887,623 for the replacement of computer hardware and software and 22 vehicles that are old or in poor condition.
3. Department for Forestry Conservation Camps the sum of $731,271 for the replacement of computer hardware and software, and to purchase 15 new pick-up trucks and mechanic service trucks.
4. Division of State Parks of the Department the sum of $1,802,636 for the replacement of AutoCAD stations, personal computers and software, and 61 vehicles that are inoperable or in poor condition, and the purchase of Geographic Information System hardware and software.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act except the $250,000 appropriated to restore the balance in the Channel Clearance Account must not be committed for expenditure after June 30, 2009, by the entity to which the appropriations are made or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
AN ACT making appropriations to the Division of Mental Health and Developmental Services of the Department of Health and Human Services for computer hardware and software, vehicles, furniture and other equipment; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Division of Mental Health and Developmental Services of the Department of Health and Human Services:
1. For administration the sum of $60,144 to replace computer hardware and software.
2. For the Mental Health Information System the sum of $146,919 to replace computer hardware and software.
3. For Northern Nevada Adult Mental Health Services the sum of $554,316 for computer hardware and software, vehicles, equipment and a refrigerator.
4. For the Lake’s Crossing Center for the Mentally Disordered Offender the sum of $138,630 for computer hardware and software, furniture, equipment and a vehicle.
5. For Southern Nevada Adult Mental Health Services the sum of $431,216 to replace computer hardware and software, vehicles, chairs, washers and dryers and office and other equipment.
6. For Rural Clinics the sum of $406,673 to replace computer hardware and software and office furniture and equipment.
7. For the Desert Regional Center the sum of $384,424 for furniture, computer hardware and software, vehicles and other equipment.
8. For the Sierra Regional Center the sum of $104,024 to replace computer hardware and software, nursing equipment and chairs.
9. For the Rural Regional Center the sum of $43,152 to replace computer hardware and software, televisions and a conference table.
any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Senate Bill No. 287–Senator Mathews (by request)
AN ACT making an appropriation to the Division of State Parks of the State Department of Conservation and Natural Resources for enrollment of rangers in the Police and Firefighters’ Retirement Fund; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources for the additional costs associated with the enrollment of rangers of the Division in the Police and Firefighters’ Retirement Fund established by NRS 286.225:
For Fiscal Year 2007-2008........................................................... $103,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2008, and September 18, 2009, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2008, and September 18, 2009, respectively.
Senate Bill No. 303–Senator Lee
AN ACT relating to judges; prospectively amending the Charter of the City of North Las Vegas concerning the qualifications of municipal judges contingent upon voter approval; and providing other matters properly relating thereto.
Section 1 of this bill amends the Charter of the City of North Las Vegas to require a municipal judge to devote his full time to the duties of his office and to be a duly licensed member, in good standing, of the State Bar of Nevada. This requirement does not apply to a municipal judge who holds the office of municipal judge on January 1, 2009, and who continues to serve as such in uninterrupted terms. The provisions of section 1 will become effective on January 1, 2009, only if the voters of the City of North Las Vegas approve of the effect of those provisions at the 2008 General Election.
Section 1. Section 4.020 of the Charter of the City of North Las Vegas, being Chapter 573, Statutes of Nevada 1971, as last amended by Chapter 73, Statutes of Nevada 2003, at page 485, is hereby amended to read as follows:
Sec. 4.020 Municipal Court: [Residency requirement] Qualifications of Municipal Judge; salary.
1. A Municipal Judge must have been a resident of the City for a continuous period of at least 6 months immediately preceding his election.
2. A Municipal Judge shall devote his full time to the duties of his office and must be a duly licensed member, in good standing, of the State Bar of Nevada, except that the requirement to be a duly licensed member, in good standing, of the State Bar of Nevada does not apply to any Municipal Judge who holds the office of Municipal Judge on January 1, 2009, as long as he continues to serve as such in uninterrupted terms.
3. If so required by an ordinance duly enacted, candidates for the office of Municipal Judge, at the time of filing, shall produce evidence in satisfaction of any or all of the qualifications for office.
[3.] 4. The salary of a Municipal Judge must be fixed by the City Council, must be uniform for all departments of the Municipal Court and may be increased during the term for which a Municipal Judge is elected or appointed.
Sec. 2. At the general election on November 4, 2008, in the City of North Las Vegas, a question must be placed on the general election ballot in substantially the following form:
Shall Section 4.020 of the Charter of the City of North Las Vegas be amended to require a Municipal Judge who holds the office of Municipal Judge after January 1, 2009:
1. To devote his full time to the duties of his office; and
2. Except for a Municipal Judge who holds the office of Municipal Judge on January 1, 2009, and continues to serve in uninterrupted terms, to be a duly licensed member, in good standing, of the State Bar of Nevada?
Sec. 3. 1. This section and section 2 of this act become effective on October 1, 2007.
2. Section 1 of this act becomes effective on January 1, 2009, only if a majority of the voters voting on the question placed on the ballot pursuant to section 2 of this act vote affirmatively on the question.
AN ACT making supplemental appropriations to the Office of the Attorney General; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State General Fund to the Office of the Attorney General’s administration account the sum of $685,979 for a cost allocation posting error in the amount of $482,979, and a shortfall in revenue received from boards and commissions in the amount of $203,000. This appropriation is supplemental to that made by section 4 of chapter 434, Statutes of Nevada 2005, at page 1936.
2. There is hereby appropriated from the State General Fund to the Office of the Attorney General’s special litigation account the sum of $60,000 for costs relating to Yucca Mountain nuclear waste litigation. This appropriation is supplemental to that made by section 4 of chapter 434, Statutes of Nevada 2005, at page 1936.
3. There is hereby appropriated from the State General Fund to the Office of the Extradition Coordinator in the Office of the Attorney General the sum of $227,386 to replenish Fiscal Year 2006-2007 extradition funds used in 2006, and to supplement funds for Fiscal Year 2006-2007 due to increased extradition costs. This appropriation is supplemental to that made by section 4 of chapter 434, Statutes of Nevada 2005, at page 1936.
AN ACT making appropriations to the Department of Health and Human Services for replacement computers; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State General Fund to the Health Division of the Department of Health and Human Services for the Office of Health Administration the sum of $83,777 for the replacement of desktop computers, software, printers, servers, switches and firewalls.
2. There is hereby appropriated from the State General Fund to the Health Division of the Department of Health and Human Services for Early Intervention Services the sum of $280,028 for the replacement of desktop computers, software, printers, servers, switches, firewalls and tablet computers.
AN ACT making a supplemental appropriation to the High Level Nuclear Waste Project Office to fund nuclear waste litigation; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the High Level Nuclear Waste Project Office the sum of $400,000 to assist the Yucca Mountain high-level nuclear waste litigation in Fiscal Year 2006-2007. This appropriation is supplemental to that made by section 2 of chapter 434, Statutes of Nevada 2005, at page 1936.
AN ACT making a supplemental appropriation to the Office of the Governor for increased dues for the National Governors Association and other costs; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Office of the Governor the sum of $63,357 for increased dues to the National Governors Association, consultant costs for the Governor’s Commission on Medical Education, Research and Training and contract costs related to maintaining a bill tracking database for the 2007 Legislative Session. This appropriation is supplemental to that made by section 2 of chapter 434, Statutes of Nevada 2005, at page 1936.
AN ACT making an appropriation to the Legislative Fund for various projects of the Legislature and the Legislative Counsel Bureau; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Legislative Fund, created pursuant to NRS 218.085, the sum of $6,533,978 to be allocated as follows:
For the cost of reproducing out-of-print publications...................................................................................... $50,000
For information technology projects............................................................................................................. $1,531,654
For advance planning for a new staff office building................................................................................ $3,000,000
For the replacement of screens in the legislative chambers and miscellaneous construction and maintenance projects........................................................................................................................ $1,952,324
Sec. 2. The Legislative Counsel Bureau shall solicit bids, as appropriate, for all contracts for construction that are funded in whole or in part by money appropriated by section 1 of this act and shall comply with the provisions of NRS 338.010 to 338.090, inclusive, for all construction work performed under such contracts. All contracts entered into to carry out the provisions of this act must include a provision that prevailing wages must be paid on all work performed under the contracts in compliance with the provisions of NRS 338.010 to 338.090, inclusive. The remaining provisions of chapter 338 of NRS and the provisions of chapter 341 of NRS do not apply to such construction.
AN ACT relating to state financial administration; revising the dates upon which certain uncommitted funds from prior transfers and appropriations must be reverted; and providing other matters properly relating thereto.
During the 2005 Legislative Session, the Legislature required the Commission on Tourism to transfer a portion of the proceeds of the room tax to the Interim Finance Committee for allocation to the Reno-Sparks Convention and Visitors Authority to implement the Truckee River Recreational Master Plan. The Legislature provided that the tax proceeds must not be committed for expenditure after June 30, 2007, and must be reverted on or before September 21, 2007. Section 1 of this bill extends the reversion date by 2 years and adds a final reporting requirement. In 2005, the Legislature also appropriated money from the State General Fund to the Interim Finance Committee for allocation to the Reno-Sparks Convention and Visitors Authority to implement the Truckee River Recreational Master Plan. The Legislature provided that this money must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007. Section 2 of this bill extends the reversion date by 2 years and adds a final reporting requirement.
Section 1. Section 5 of chapter 454, Statutes of Nevada 2005, at page 2089, is hereby amended to read as follows:
Sec. 5. 1. The Commission on Tourism shall, as soon as practicable after July 1, 2005, and July 1, 2006, respectively, without depleting the funds necessary for day-to-day operations, transfer the following amounts from the proceeds from the taxes imposed on the revenue from the rental of transient lodging which have been credited to the Fund for the Promotion of Tourism, created by NRS 231.250, to the Interim Finance Committee:
For the Fiscal Year 2005-2006....................................... $600,000
For the Fiscal Year 2006-2007.......................................... $50,000
2. The money transferred pursuant to subsection 1 shall be allocated to the Reno-Sparks Convention and Visitors Authority to implement the Truckee River Recreational Master Plan as adopted by the City of Reno, the City of Sparks and Washoe County through a public review process. The money must be used to plan, obtain permits for, design and construct not more than four projects along the Truckee River that would enhance the recreational enjoyment, aquatic habitat and water quality of the Truckee River. The money must be expended on the following projects but is not limited to Rock Park, Pioneer Diversion Dam, Ambrose Park and Idlewild Park.
3. The Interim Finance Committee shall allocate the money transferred pursuant to subsection 1 upon notification that the City of Reno, the City of Sparks and Washoe County have committed to expend, in total, an equal amount of money on Truckee River improvement related projects.
Reno, the City of Sparks and Washoe County have committed to expend, in total, an equal amount of money on Truckee River improvement related projects. For the purpose of this section, Truckee River improvement related projects include any public project to improve the Truckee River for watershed protection, watershed restoration, recreation or flood control.
4. Upon acceptance of the money allocated pursuant to subsection 2, the Reno-Sparks Convention and Visitors Authority shall prepare and transmit [a] :
(a) A report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money allocated pursuant to subsection 2 from the date on which the money was received by the Reno-Sparks Convention and Visitors Authority through December 1, 2006 [.] ; and
(b) A final report to the Interim Finance Committee on or before October 1, 2009, that describes each expenditure made from the money allocated pursuant to subsection 2 from the date on which the money was received by the Reno-Sparks Convention and Visitors Authority through September 18, 2009.
5. The Reno-Sparks Convention and Visitors Authority shall not assess an administrative fee or fine upon any local governing bodies relating to compliance with the provisions of subsections 3 and 4.
6. A public review and approval process, as determined by the City of Reno, the City of Sparks and Washoe County, must be completed before the commencement of construction of any project that uses money allocated pursuant to this section. Project design, construction documents and funding processes related to any such project must be approved by each local governing body having jurisdiction over the project. Each such project must conform to the parameters of the Truckee River Flood Control Project and the Truckee River Operating Agreement.
7. Any remaining balance of the sums transferred pursuant to subsection 1 must not be committed for expenditure after June 30, [2007,] 2009, and must be reverted to the Fund for the Promotion of Tourism on or before September [21, 2007.] 18, 2009.
Sec. 2. Section 32 of chapter 7, Statutes of Nevada 2005, 22nd Special Session, at page 120, is hereby amended to read as follows:
Sec. 32. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $600,000 for allocation to the Reno-Sparks Convention and Visitors Authority to implement the Truckee River Recreational Master Plan as adopted by the City of Reno, the City of Sparks and Washoe County through a public review process. The money must be used to plan, obtain permits for, design and construct not more than four projects along the Truckee River that would enhance the recreational enjoyment, aquatic habitat and water quality of the Truckee River. The money must be expended on the following projects but is not limited to Rock Park, Pioneer Diversion Dam, Ambrose Park and Idlewild Park.
2. The Interim Finance Committee shall allocate the money appropriated pursuant to subsection 1 upon notification that the City of Reno, the City of Sparks and Washoe County have committed to expend, in total, an equal amount of money on Truckee River improvement related projects.
improvement related projects. For the purpose of this section, Truckee River improvement related projects include any public project to improve the Truckee River for watershed protection, watershed restoration, recreation or flood control.
6. Any remaining balance of the sums appropriated pursuant to subsection 1 must not be committed for expenditure after June 30, [2007,] 2009, and must be reverted to the State General Fund on or before September [21, 2007.] 18, 2009.
AN ACT making an appropriation to the Office of Veterans’ Services for the Veterans’ Home Account; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Office of Veterans’ Services for the Veterans’ Home Account created pursuant to NRS 417.145 the sum of $708,736 for the repair of showers and replacement of carpeting, computers, a washer and dryer, resident tubs and other equipment and for the acquisition and installation of a commercial water softener.
AN ACT making an appropriation to the Department of Taxation for continued development and implementation of the Unified Tax System; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Department of Taxation the sum of $3,674,059 for continued development and implementation of the Unified Tax System, and for costs of replacement servers, computer hardware and software, and office equipment.
portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
AN ACT making an appropriation to the Disaster Relief Account; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Disaster Relief Account created pursuant to NRS 353.2735 the sum of $1,427,042 to replenish the balance of the Account.
AN ACT making appropriations to restore the balance in the Contingency Fund; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State General Fund to the Contingency Fund created by NRS 353.266 the sum of $15,500,000 to restore the balance in the Contingency Fund attributable to the State General Fund.
2. There is hereby appropriated from the State Highway Fund to the Contingency Fund created by NRS 353.266 the sum of $698,496 to restore the balance in the Contingency Fund attributable to the State Highway Fund. The money appropriated in this subsection must be accounted for separately and may only be used for expenditures that may be properly made from the State Highway Fund.
AN ACT making an appropriation to the Office of the Attorney General for data storage equipment; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Office of the Attorney General the sum of $202,602 to fund phase one and two of the Storage Area Network system.
AN ACT making a supplemental appropriation to the Office of Veterans’ Services for unanticipated shortfalls in Fiscal Year 2006-2007 for utility costs; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Office of Veterans’ Services the sum of $151,814 for the Veterans’ Home Account to cover unanticipated shortfalls in Fiscal Year 2006-2007 for utility costs. This appropriation is supplemental to that made by section 22 of chapter 434, Statutes of Nevada 2005, at page 1941.
AN ACT making appropriations to the Department of Public Safety from both the State General Fund and the State Highway Fund; and providing other matters properly relating thereto.
Section 1. 1. There is hereby appropriated from the State General Fund to the Investigation Division of the Department of Public Safety the sum of $300,525 to partially fund replacement vehicles and associated equipment, and for personal computers, laptop computers, printers and related software.
2. There is hereby appropriated from the State General Fund to the Division of Emergency Management of the Department of Public Safety the sum of $66,740 for computer hardware and software and ID cards and door lock system.
3. There is hereby appropriated from the State General Fund to the State Fire Marshal Division of the Department of Public Safety the sum of $222,551 to replace seven older, unreliable agency-owned vehicles and to replace personal computers, laptop computers and printers.
4. There is hereby appropriated from the State General Fund to the Division of Parole and Probation of the Department of Public Safety the sum of $381,672 to replace 114 computers in each year of the biennium.
5. There is hereby appropriated from the State General Fund to the Department of Public Safety for the State Board of Parole Commissioners the sum of $89,771 to incorporate the Board’s practices, decisions and analysis into the Nevada Offender Tracking and Information System and to replace computer hardware and software.
6. There is hereby appropriated from the State General Fund to the Training Division of the Department of Public Safety the sum of $24,921 to partially fund the replacement of computer hardware and software, classroom furniture and protective suits.
Sec. 2. 1. There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $12,633,597 to fund over 300 new and replacement vehicles and related equipment, aircraft navigational and communications equipment, video cameras for patrol vehicles and seven motorcycles.
2. There is hereby appropriated from the State Highway Fund to the Training Division of the Department of Public Safety the sum of $37,381 to partially fund computer hardware and software, classroom furniture and protective suits.
3. There is hereby appropriated from the State Highway Fund to the Investigation Division of the Department of Public Safety the sum of $29,941 to partially fund the replacement of computer equipment and vehicles.
Sec. 3. Any remaining balance of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriations are made or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
AN ACT relating to tourism; transferring money from the Fund for the Promotion of Tourism to the Western Folklife Center for the National Cowboy Poetry Gathering; transferring money from the Fund for the Promotion of Tourism to the Atomic Testing Museum; and providing other matters properly relating thereto.
Section 1. 1. The Commission on Tourism shall, as soon as practicable after July 1, 2007, and July 1, 2008, respectively, without depleting the funds necessary for day-to-day operations, transfer the following amounts from the proceeds from the taxes imposed on the revenue from the rental of transient lodging which have been credited to the Fund for the Promotion of Tourism, created by NRS 231.250, to the Western Folklife Center for support of the National Cowboy Poetry Gathering in Elko, Nevada:
For the Fiscal Year 2007-2008.................................................... $100,000
2. Upon acceptance of the money transferred pursuant to subsection 1, the Western Folklife Center shall:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money transferred pursuant to subsection 1 from the date on which the money was received by the Western Folklife Center through December 1, 2008;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money transferred pursuant to subsection 1 from the date on which the money was received by the Western Folklife Center through June 30, 2009; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Western Folklife Center, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money transferred pursuant to subsection 1.
other records of information, confidential or otherwise, of the Western Folklife Center, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money transferred pursuant to subsection 1.
Sec. 2. Any remaining balance of the transfer made by section 1 of this act must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the money is transferred or any entity to which the money from the transfer is granted or otherwise transferred in any manner, and any portion of the transferred money remaining must not be spent for any purpose after September 19, 2008, and September 18, 2009, respectively, by either the entity to which the money was transferred or the entity to which the money was subsequently granted or transferred, and must be reverted to the Fund for the Promotion of Tourism on or before September 19, 2008, and September 18, 2009, respectively.
Sec. 3. 1. The Commission on Tourism shall, as soon as practicable after July 1, 2007, and July 1, 2008, respectively, without depleting the funds necessary for day-to-day operations, transfer the following amounts from the proceeds from the taxes imposed on the revenue from the rental of transient lodging which have been credited to the Fund for the Promotion of Tourism, created by NRS 231.250, to the Atomic Testing Museum in Las Vegas for an educational program at the Museum:
2. The money transferred pursuant to subsection 1 must be used by the Museum to:
(a) Provide instructional materials in classrooms;
(b) Allow access to the Internet for teachers and pupils; and
(c) Subsidize admission and transportation costs for schools and waive entirely admission for pupils who attend designated at-risk schools.
3. Upon acceptance of the money transferred pursuant to subsection 1, the Museum shall:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money transferred pursuant to subsection 1 from the date on which the money was received by the Museum through December 1, 2008;
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Museum, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money transferred pursuant to subsection 1.
4. Any balance of the sums transferred pursuant to subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the transfer is made or any entity to which money from the transfer is granted or otherwise provided in any manner, and any portion of the money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was transferred or the entity to which the money was subsequently granted or provided, and must be reverted to the Fund for the Promotion of Tourism on or before September 19, 2008, and September 18, 2009, respectively.
the money was subsequently granted or provided, and must be reverted to the Fund for the Promotion of Tourism on or before September 19, 2008, and September 18, 2009, respectively.
AN ACT making an appropriation to the Office of the Director of the Department of Health and Human Services to fund a working group to study the methamphetamine problem in Nevada; and providing other matters properly relating thereto.
Section 1. There is hereby appropriated from the State General Fund to the Office of the Director of the Department of Health and Human Services the sum of $90,100 to fund a working group to study the methamphetamine problem in Nevada.
CHAPTER 405, SB 95
Senate Bill No. 95–Committee on Commerce and Labor
AN ACT relating to public utilities; removing certain entities from regulation as public utilities; eliminating the requirement that the Public Utilities Commission of Nevada conduct a hearing before ordering certain changes relating to railroad crossings; eliminating the requirement that the Commission convene a hearing not later than 60 days after a plan to increase the supply of electricity or decrease the demand for electricity is filed with the Commission; revising provisions governing the exemption of electric generating plants; and providing other matters properly relating thereto.
Existing law authorizes the Public Utilities Commission of Nevada to regulate public utilities in this State. (NRS 704.001) Existing law defines the term “public utility.” (NRS 704.020) Section 1 of this bill removes radio and broadcasting companies, companies that own cars used as part of railroad trains and companies that operate a ditch, flume, tunnel or tunnel and drainage system from regulation as public utilities.
Existing law authorizes the Commission, after an investigation and hearing, to order certain changes relating to railroad crossings. (NRS 704.300) Section 2 of this bill removes the requirement that the Commission conduct a hearing before ordering such changes.
Existing law requires that an electric utility submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission every 3 years. (NRS 704.741) Existing law requires the Commission to convene a hearing on such a plan not later than 60 days after the plan is submitted to the Commission. (NRS 704.746) Section 5 of this bill removes the requirement that the hearing be convened within that 60-day period. Existing law also requires the Commission to accept the plan as filed or specify the portions of the plan it finds inadequate within 135 days after the plan is filed. (NRS 704.751) Section 5 extends that deadline to 180 days after the plan is filed for certain portions of the plan, but retains the 135-day deadline with respect to an amendment to an accepted plan.
Existing law sets forth a permitting process for the construction of a utility facility to minimize the environmental impact of the facility. (NRS 704.820-704.900) Existing law exempts from the permitting process certain electric generating plants which use renewable energy as their primary source of energy to generate electricity and which have a limited generating capacity. (NRS 704.860) Section 6 of this bill increases the maximum allowable generating capacity of such exempt electric generating plants.
704.020 1. “Public utility” or “utility” includes:
(a) Any person who owns, operates, manages or controls any railroad or part of a railroad as a common carrier in this State, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether or not they are owned by the railroad.
ê2007 Statutes of Nevada, Page 1772 (CHAPTER 405, SB 95)ê
(b) Any telephone company that provides a telecommunication service to the public, but only with regard to those operations of the telephone company which consist of providing a telecommunication service to the public.
[(c) Any radio or broadcasting company or instrumentality that provides a common or contract service.
(d) Any company that owns cars of any kind or character, used and operated as a part of railroad trains, in or through this State. All duties required of and penalties imposed upon any railroad or any officer or agent thereof are, insofar as applicable, required of and imposed upon the owner or operator of any telephone company that provides a telecommunication service to the public, any radio or broadcasting company or instrumentality that provides a common or contract service and any company that owns cars of any kind or character, used and operated as a part of railroad trains in or through this State, and their officers and agents, and the Commission may supervise and control all such companies, instrumentalities and persons to the same extent as railroads.]
2. “Public utility” or “utility” also includes:
(a) [Any person who owns, operates or controls any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.
(b)] Any plant or equipment, or any part of a plant or equipment, within this State for the production, delivery or furnishing for or to other persons, including private or municipal corporations, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether or not within the limits of municipalities.
[(c)] (b) Any system for the distribution of liquefied petroleum gas to 10 or more users.
Ê The Commission may supervise, regulate and control all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.
3. The provisions of this chapter and the term “public utility” apply to all railroads, express companies, car companies and all associations of persons, whether or not incorporated, that do any business as a common carrier upon or over any line of railroad within this State.
704.300 1. After an investigation [and hearing, which has been] initiated either upon the Commission’s own motion [,] or as the result of the filing of a formal application or complaint by the Department of Transportation, the board of county commissioners of any county, the town board or council of any town or municipality, or any railroad company, the Commission may [determine, and] order for the safety of the traveling public:
(a) The elimination, alteration, addition or change of a highway crossing or crossings over any railroad at grade, or above or below grade, including its approaches and surface.
(b) Changes in the method of crossing at grade, or above or below grade.
(c) The closing of a crossing and the substitution of another therefor.
(d) The removal of obstructions to the public view in approaching any crossing.
(e) Such other details of use, construction and operation as may be necessary to make grade-crossing elimination, changes and betterments for the protection of the public and the prevention of accidents effective.
2. The Commission shall order that the cost of any elimination, removal, addition, change, alteration or betterment so ordered must be divided and paid in such proportion by the State, county, town or municipality and the railroad or railroads interested as is provided according to the circumstances occasioning the cost [,] in NRS 704.305.
3. [All] If the Commission chooses to conduct a hearing before issuing an order pursuant to subsection 1, all costs incurred by reason of [any hearing held under this section before the Commission,] the hearing, including , but not limited to , publication of notices, reporting, transcripts and rental of hearing room, must be apportioned 50 percent to the governmental unit or units affected and 50 percent to the railroad or railroads.
704.673 [Every]
1. Except as otherwise provided in subsection 2, every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter supplying such services for the use of the public and for the use of its own members is hereby declared to be affected with a public interest, to be a public utility, and to be subject to the jurisdiction, control and regulation of the Commission and to the provisions of this chapter . [; but in]
2. In the case of the acquisition of the certificate or all or any part of the territory of a public utility, as defined in paragraph [(b)] (a) of subsection 2 of NRS 704.020, by a cooperative association or nonprofit corporation or association which [prior to] before April 26, 1963, had supplied services for the use of its own members only, [this section shall not be] the provisions of subsection 1 are not applicable for a period of 6 months or the expiration of such reasonable extension or extensions of [such] that 6-month period as may be ordered by the Commission, during which period the cooperative association or nonprofit corporation or association may enroll as its members the customers of the public utility whose certificate or territory was acquired so as to make such acquiring cooperative association or nonprofit corporation or association subject only to the limited jurisdiction, control and regulation of the Commission, and only to the specific provisions of chapter 704 of NRS as provided by NRS 704.675.
704.746 1. [Not more than 60 days after] After a utility has filed its plan [,] pursuant to NRS 704.741, the Commission shall convene a public hearing on the adequacy of the plan.
2. At the hearing any interested person may make comments to the Commission regarding the contents and adequacy of the plan.
3. After the hearing , the Commission shall determine whether:
(a) The forecast requirements of the utility are based on substantially accurate data and an adequate method of forecasting.
(b) The plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.
(c) The plan adequately demonstrates the economic, environmental and other benefits to this State and to the customers of the utility, associated with the following possible measures and sources of supply:
(1) Improvements in energy efficiency;
(2) Pooling of power;
(3) Purchases of power from neighboring states or countries;
(4) Facilities that operate on solar or geothermal energy or wind;
(5) Facilities that operate on the principle of cogeneration or hydrogeneration; and
(6) Other generation facilities.
4. The Commission may give preference to the measures and sources of supply set forth in paragraph (c) of subsection 3 that:
(a) Provide the greatest economic and environmental benefits to the State;
(b) Are consistent with the provisions of this section; and
(c) Provide levels of service that are adequate and reliable.
5. The Commission shall:
(a) Adopt regulations which determine the level of preference to be given to those measures and sources of supply; and
(b) Consider the value to the public of using water efficiently when it is determining those preferences.
704.751 1. [Within 135 days after] After a utility has filed [its plan,] the plan required pursuant to NRS 704.741, the Commission shall issue an order accepting the plan as filed or specifying any portions of the plan it deems to be inadequate [.] :
(a) Within 135 days for any portion of the plan relating to the energy supply plan for the utility for the 3 years covered by the plan; and
(b) Within 180 days for all portions of the plan not described in paragraph (a).
2. If a utility files an amendment to a plan, the Commission shall issue an order accepting the amendment as filed or specifying any portions of the amendment it deems to be inadequate within 135 days of the filing of the amendment.
3. All prudent and reasonable expenditures made to develop the utility’s plan, including environmental, engineering and other studies, must be recovered from the rates charged to the utility’s customers.
704.860 “Utility facility” means:
1. Electric generating plants and their associated facilities, except:
(a) Electric generating plants and their associated facilities that are or will be located entirely within the boundaries of a county whose population is 100,000 or more; or
(b) Electric generating plants and their associated facilities which use or will use renewable energy, as defined in NRS 704.7811, as their primary source of energy to generate electricity and which have or will have a generating capacity of not more than [150 kilowatts,] 35 megawatts, including, without limitation, a net metering system, as defined in NRS 704.771.
Ê As used in this subsection, “associated facilities” includes, without limitation, any facilities for the storage, transmission or treatment of water, including, without limitation, facilities to supply water or for the treatment or disposal of wastewater, which support or service an electric generating plant.
including, without limitation, facilities to supply water or for the treatment or disposal of wastewater, which support or service an electric generating plant.
2. Electric transmission lines and transmission substations that:
(a) Are designed to operate at 200 kilovolts or more;
(b) Are not required by local ordinance to be placed underground; and
(c) Are constructed outside any incorporated city.
3. Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside:
(a) Any incorporated city; and
(b) Any county whose population is 100,000 or more.
4. Water storage, transmission and treatment facilities, other than facilities for the storage, transmission or treatment of water from mining operations.
5. Sewer transmission and treatment facilities.
Sec. 7. Notwithstanding any other provision of law to the contrary:
1. Perfection or notice provided by a security instrument covering real or personal property located in this State which was filed with the Secretary of State or recorded in the office of a county recorder before July 1, 2007, in compliance with the provisions of chapter 105 of NRS, by a person who, on and after July 1, 2007, is not subject to regulation as a public utility pursuant to NRS 704.020, as amended by section 1 of this act, remains effective for the period provided by the law in effect at the time of its filing or recordation.
2. Such an instrument may be filed anew pursuant to NRS 104.9101 to 104.9709, inclusive, and if so filed has the effect given to security instruments originally filed pursuant to NRS 104.9101 to 104.9709, inclusive. The priority of such a filing dates from the time that the security interest was first filed with the Secretary of State or recorded in the office of a county recorder and not from the date the instrument is filed anew pursuant to NRS 104.9101 to 104.9709, inclusive.
Senate Bill No. 380–Committee on Judiciary
AN ACT relating to criminal procedure; establishing procedures for the commitment to and conditional release from the custody of the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services of certain criminal defendants whom the court finds to be incompetent; making an appropriation; and providing other matters properly relating thereto.
Existing law provides that if a court finds that a defendant is incompetent to stand trial or to receive punishment for a crime and that there is not a substantial probability the defendant will attain competency in the foreseeable future, the court must dismiss the proceedings against the defendant. (NRS 178.425) Moreover, if the court has dismissed the proceedings against the defendant, the court must release the defendant from custody if a petition to involuntarily commit the defendant is not filed within 10 days. (NRS 178.460)
This bill establishes procedures for the commitment to and conditional release from the custody of the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services of certain defendants. Under section 42 of this bill, if a court dismisses the proceedings against a defendant who is charged with a category A or category B felony because the court finds that the defendant is incompetent with no substantial probability of attaining competence in the foreseeable future, the prosecuting attorney may file a motion to determine whether the court should commit the person to the custody of the Administrator. If the court finds that the person has a mental disorder and is a danger to himself or others, the court must order that the person be committed to the custody of the Administrator until he is eligible for conditional release or 10 years has passed, whichever is shorter. At least once every 12 months, the court must review the person’s eligibility for conditional release.
Section 43 of this bill provides the manner for determining eligibility for conditional release of a person committed to the custody of the Administrator pursuant to section 42. Section 43 further provides that the court must review the person’s eligibility for discharge from conditional release at least once every 12 months. If, at the conclusion of this review, the court finds that the defendant no longer has a mental disorder and is not a danger to himself or others, the court is required to discharge the person from conditional release.
Section 44 of this bill requires the Division to notify the court if the defendant violates a condition of his release. After receiving such a notification, the court must consult with the defendant’s attorney, the prosecuting attorney and the Division concerning the risk the defendant poses to the community and the court may order the defendant to be taken into protective custody or to jail. Within 10 days after such an order, the court must hold a hearing to determine whether the court should continue, modify or terminate the conditional release of the defendant.
Section 129.5 of this bill makes an appropriation to the Division of Mental Health and Developmental Services of the Department of Health and Human Services for the costs associated with implementing the provisions of this bill.
Sections 1-29. (Deleted by amendment.)
Sec. 30. Chapter 178 of NRS is hereby amended by adding thereto the provisions set forth as sections 31 to 45, inclusive, of this act.
Secs. 31-37.5. (Deleted by amendment.)
Sec. 38. As used in NRS 178.399 to 178.460, inclusive, and sections 38 to 45, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 178.399 and sections 39, 40 and 41 of this act have the meanings ascribed to them in those sections.
Sec. 39. “Division” means the Division of Mental Health and Developmental Services of the Department of Health and Human Services.
Sec. 40. (Deleted by amendment.)
Sec. 41. “Mental disorder” means a mental illness that results from a psychiatric or neurological disorder that so substantially impairs the mental or emotional functioning of a person as to make care or treatment necessary or advisable for the welfare of the person or for the safety of the person or property of another and includes, without limitation, mental retardation and related conditions.
Sec. 42. 1. If the proceedings against a defendant who is charged with a category A or category B felony are dismissed pursuant to subsection 5 of NRS 178.425, the prosecuting attorney may, within 10 judicial days after the dismissal, file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator of the Division pursuant to subsection 2. The court shall hold the hearing within 10 judicial days after the motion is filed with the court.
2. At a hearing held pursuant to subsection 1, if the court finds by clear and convincing evidence that the person has a mental disorder and that he is a danger to himself or others, the court must order:
(a) The sheriff to take the person into protective custody and transport him to a secure facility operated by the Division; and
(b) That the person be committed to the custody of the Administrator of the Division and kept under observation until the person is eligible for conditional release pursuant to section 43 of this act or until the maximum length of commitment described in subsection 3 has expired.
3. The length of commitment of a person pursuant to subsection 2 must not exceed 10 years, including any time that the person has been on conditional release pursuant to section 43 of this act.
4. At least once every 12 months, the court shall review the eligibility of the defendant for conditional release.
Sec. 43. 1. A person who is committed to the custody of the Administrator of the Division pursuant to section 42 of this act is eligible for conditional release only after:
(a) The Division has completed a comprehensive risk assessment concerning the person;
(b) A decision to release the person from commitment with conditions imposed by the court in consultation with the Division has been made based on input from the person’s treatment team, the prosecuting attorney, the counsel for the person and the team that will supervise the person in the community; and
(c) The court which committed the person has approved the conditional release.
2. If a person is serving a period of conditional release pursuant to this section, the court must, at least once every 12 months, review the eligibility of the defendant for discharge from conditional release. If, at the conclusion of the review required by this subsection, the court finds by clear and convincing evidence that the person no longer has a mental disorder and that he is not a danger to himself or others, the court must discharge the person from conditional release.
3. The length of the period of conditional release must not exceed 10 years, including any time that the person has been committed to the custody of the Administrator of the Division pursuant to sections 42 and 44 of this act.
Sec. 44. 1. The Division shall notify the court which ordered the commitment of the person pursuant to section 42 of this act if the person violates a condition of his release from commitment.
2. If the court is notified pursuant to subsection 1 of a violation, the court shall consult with the Division, the counsel for the person and the prosecuting attorney concerning the potential risk to the community that is posed by the noncompliance of the person with the conditions of release from commitment.
3. After consulting with the persons required by subsection 2 and considering the risks to the community, the court may issue a temporary order of detention to commit the person to custody, pending the hearing described in subsection 4. If the court issues such an order, the court must:
(a) Order the sheriff to take the person:
(1) Into protective custody and transport him to a forensic facility operated by the Division; or
(2) To a jail where the person must remain in protective custody; and
(b) Provide a copy of the order to the counsel for the person and the prosecuting attorney.
4. Within 10 days after a person has been committed to the custody of the Administrator for evaluation pursuant to subsection 3, the court shall hold a hearing to determine whether to continue, modify or terminate the conditional release of the defendant.
5. As used in this section, “forensic facility” has the meaning ascribed to it in NRS 175.539.
Sec. 47. NRS 178.399 is hereby amended to read as follows:
178.399 [As used in NRS 178.400 to 178.460, inclusive, unless the context otherwise requires, “treatment] “Treatment to competency” means treatment provided to a defendant to attempt to cause him to attain competency to stand trial or receive pronouncement of judgment.
Secs. 48-52. (Deleted by amendment.)
178.453 1. The Administrator of the Division [of Mental Health and Developmental Services of the Department of Health and Human Services] or his designee may request from the Department of Corrections access to any records in its possession which contain information that may assist in evaluating and treating a defendant who previously has served a term of imprisonment under the supervision of the Department of Corrections and who is committed to the custody of or ordered to report to the Administrator or his designee pursuant to NRS 178.425 or 178.460 [.]
who is committed to the custody of or ordered to report to the Administrator or his designee pursuant to NRS 178.425 or 178.460 [.] or section 42 or 44 of this act.
2. Unless otherwise ordered by a court, upon request of the Administrator or his designee for access to records of a defendant pursuant to subsection 1, the Department of Corrections, through the designated medical director, shall provide access to any such records, including, without limitation, relevant medical and mental health records, for the limited purpose of allowing the Administrator or his designee to evaluate and treat the defendant.
3. No oral or written consent of the defendant is required for the Administrator or his designee to obtain access to records from the Department of Corrections pursuant to this section.
4. As used in this section, “designated medical director” means the designated administrative officer of the Department of Corrections who is responsible for the medical treatment of offenders.
178.460 1. If requested by the district attorney or counsel for the defendant within 10 days after the report by the Administrator of the Division [of Mental Health and Developmental Services of the Department of Health and Human Services] or his designee is sent to them, the judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the treatment team on their report.
2. If the judge orders the appointment of a licensed psychiatrist or psychologist who is not employed by the Division [of Mental Health and Developmental Services of the Department of Health and Human Services] to perform an additional evaluation and report concerning the defendant, the cost of the additional evaluation and report is a charge against the county.
3. Within 10 days after the hearing or 20 days after the report is sent, if no hearing is requested, the judge shall make and enter his finding of competence or incompetence, and if he finds the defendant to be incompetent:
(a) Whether there is substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and
(b) Whether the defendant is at that time a danger to himself or to society.
4. If the judge finds the defendant:
(a) Competent, the judge shall, within 10 days, forward his finding to the prosecuting attorney and counsel for the defendant. Upon receipt thereof, the prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and prearrange with the facility for the return of the defendant to that county or city for trial upon the offense there charged or the pronouncement of judgment, as the case may be.
(b) Incompetent, but there is a substantial probability that he can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is dangerous to himself or to society, the judge shall recommit the defendant and may order the involuntary administration of medication for the purpose of treatment to competency.
dangerous to himself or to society, the judge shall recommit the defendant and may order the involuntary administration of medication for the purpose of treatment to competency.
(c) Incompetent, but there is a substantial probability that he can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is not dangerous to himself or to society, the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.
(d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, the judge shall order the defendant released from custody , or if the defendant is an outpatient, released from his obligations as an outpatient if, within 10 judicial days, the prosecuting attorney has not filed a motion pursuant to section 42 of this act or if, within 10 judicial days, a petition is not filed to commit the person pursuant to NRS 433A.200. After the initial 10 judicial days, the [defendant] person may remain an outpatient or in custody under the provisions of this chapter only as long as the motion or petition is pending unless the [defendant] person is committed to the custody of the Administrator pursuant to section 42 of this act or involuntarily committed pursuant to chapter 433A of NRS.
5. [No] Except as otherwise provided in subsection 3 of section 42 of this act, no person who is committed under the provisions of this chapter may be held in the custody of the Administrator [of the Division of Mental Health and Developmental Services of the Department of Health and Human Services] or his designee longer than the longest period of incarceration provided for the crime or crimes with which he is charged or 10 years, whichever period is shorter. Upon expiration of the applicable period [,] provided in this section, subsection 3 of section 42 of this act or subsection 3 of section 43 of this act, the [defendant] person must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.
Secs. 56-129. (Deleted by amendment.)
Sec. 129.5. 1. There is hereby appropriated from the State General Fund to the Division of Mental Health and Developmental Services of the Department of Health and Human Services the sums of:
Sec. 130. 1. This section and section 129.5 of this act become effective on July 1, 2007.
2. The amendatory provisions of sections 30 to 55, inclusive, of this act become effective on October 1, 2007, and apply to a defendant who, on or after October 1, 2007, is found incompetent with no substantial probability of attaining competency in the foreseeable future pursuant to subsection 5 of NRS 178.425.
Sec. 131. (Deleted by amendment.)
Senate Bill No. 352–Senator Horsford
AN ACT relating to economic development; requiring the Southern Nevada Enterprise Community Advisory Board to develop a project to make certain improvements to infrastructure in and near the Community; extending the temporary tax incentive for locating or expanding businesses that are or will become grocery stores within the Community; and providing other matters properly relating thereto.
This bill enacts the Southern Nevada Enterprise Community Infrastructure Improvement Act and requires the Southern Nevada Enterprise Community Advisory Board to develop a project to make certain improvements to infrastructure in and near the Southern Nevada Enterprise Community. This bill also extends the temporary tax incentive for locating or expanding businesses that are or will become grocery stores within the Southern Nevada Enterprise Community. (Chapter 198, Statutes of Nevada 2005, p. 639)
Whereas, On December 21, 1994, President William Jefferson Clinton designated nine census tracts in the urban core of the Las Vegas Valley as an “enterprise community”; and
Whereas, The designation was accompanied by an award of $2,950,000 in Title XX funds to be used for projects in the enterprise community; and
Whereas, The Southern Nevada Enterprise Community so created includes the target areas of West Las Vegas, East Las Vegas, Meadows Village and North Las Vegas; and
Whereas, The Southern Nevada Enterprise Community involves a partnership among the cities of Las Vegas and North Las Vegas, and Clark County, working together to harness resources from the public, private and nonprofit sectors to provide programs, services and facilities to the target areas; and
Whereas, The empowerment of persons and neighborhoods within the Southern Nevada Enterprise Community includes “weed and seed” strategies to “weed” out violence, gangs, drug trafficking and drug-related crime, and to “seed” neighborhoods with social services and economic revitalization; and
Whereas, Efforts to revitalize neighborhoods economically, to be successful, require a certain minimum level of “infrastructure” in the form of the basic facilities, services and installations needed for the proper functioning of a community; now, therefore,
Section 1. This act may be cited as the Southern Nevada Enterprise Community Infrastructure Improvement Act.
Sec. 2. As used in sections 1 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. “Advisory Board” means the Southern Nevada Enterprise Community Advisory Board created pursuant to section 8 of this act.
Sec. 5. “Community” means the Southern Nevada Enterprise Community, nine census tracts designated by President William Jefferson Clinton on December 21, 1994.
Sec. 6. “Infrastructure” means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, libraries, community centers, police and fire protection, sanitary sewers, facilities for mass transit and facilities for the conveyance of water and the treatment of wastewater.
Sec. 7. “Project” means the Southern Nevada Enterprise Community Improvement Project developed pursuant to section 11 of this act.
Sec. 8. 1. The Southern Nevada Enterprise Community Advisory Board is hereby created.
2. The Advisory Board consists of nine members, appointed in consultation with residents of the Community, as follows:
(a) One member of the Nevada Congressional Delegation selected from among its membership or his designee;
(b) One member of the Nevada Legislature who represents the Community;
(c) One member of the Clark County Board of County Commissioners selected from among its membership or his designee;
(d) One member of the Las Vegas City Council from among its membership or his designee;
(e) One member of the North Las Vegas City Council from among its membership or his designee;
(f) Two residents of the Community, recommended and selected jointly by the Clark County Board of County Commissioners, the Las Vegas City Council and the North Las Vegas City Council;
(g) A representative of the private sector appointed by the Chamber of Commerce established in the Community; and
(h) A representative of the nonprofit charitable, educational and religious organizations in the Community, recommended and selected jointly by the Clark County Board of County Commissioners, the Las Vegas City Council and the North Las Vegas City Council.
3. Each member of the Advisory Board serves for a term of 3 years. A vacancy on the Advisory Board must be filled in the same manner as the original appointment. A member may be reappointed to the Advisory Board.
4. The members of the Advisory Board shall elect a Chairman and Vice Chairman by majority vote. After the initial election, the Chairman and Vice Chairman shall hold office for a term of 1 year beginning on August 1 of each year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the Advisory Board shall elect a Chairman or Vice Chairman, as appropriate, from among its members for the remainder of the unexpired term.
5. The City of North Las Vegas shall provide administrative support for the Advisory Board.
Sec. 9. The primary purposes of the Advisory Board are to:
1. Advise the governmental entities that have members on the Advisory Board with respect to the Project; and
2. Ensure that the needs and opinions of the residents of the Community are reflected adequately by the Project.
Sec. 11. 1. On or before January 31, 2008, the Advisory Board shall prepare a written plan to carry out the Project to address the needs and issues of the Community.
2. The Advisory Board shall, within 120 days after preparing the written plan:
(a) Hold at least two public hearings on the written plan, each of which must be preceded by at least 30 days’ notice within the Community; and
(b) Approve or reject the written plan based on input from the Community received at the public hearings.
3. A written plan adopted by the Advisory Board must:
(a) Set forth an adequate framework for carrying out the Project;
(b) Set forth a reasonable period in which to accomplish the goals of the Project; and
(c) Incorporate each of the required elements of the Project, as set forth in section 12 of this act.
4. If the Advisory Board rejects the written plan, the Advisory Board shall:
(a) Provide to the appropriate officers of the governmental entities that have members on the Advisory Board a written explanation of its reasons for the rejection; and
(b) Prepare a revised written plan and repeat the notice and hearings required by subsection 2 before approving or rejecting the revised written plan.
Sec. 12. The Project must include, without limitation, goals, objectives and policies relating to, and feasible timeframes for achieving:
1. The construction, repair and refurbishment of streets, buildings and other facilities as necessary to attract and maintain the viability of successful businesses within the Community;
2. The incorporation within the Community of open space, facilities for recreation, facilities for medical care and other measures as necessary to ensure that the Community develops with mixed uses;
3. The eradication of brownfields, the rehabilitation of condemned properties and the removal of structures and facilities that create a disincentive for development; and
4. The identification of sources of money to carry out the Project.
Sec. 13. The Advisory Board may accept any gifts, grants or donations for the purpose of preparing, developing and carrying out the Project.
Sec. 14. On or before February 1, 2009, the Advisory Board shall submit to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature a report that summarizes the activities of the Advisory Board during the period between the effective date of this act and December 31, 2008.
Sec. 15. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 16. Section 6 of chapter 198, Statutes of Nevada 2005, at page 643, is hereby amended to read as follows:
Sec. 6. 1. A person who intends to locate a grocery store within the Southern Nevada Enterprise Community established pursuant to 24 C.F.R. Part 597 during Fiscal Year 2004-2005 , [or] 2005-2006 , 2006-2007, 2007-2008 or 2008-2009 may submit a request to the governing body of the county, city or town in which the grocery store would operate for endorsement of an application by the person to the Commission on Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 or 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business would operate. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.
2. The governing body of a county, city or town shall develop procedures for:
(a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.
(b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.
3. A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Commission. The Commission shall approve the application if the Commission makes the following determinations:
(a) The applicant has executed an agreement with the Commission which states that the grocery store will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4:
(1) Commence operation and continue in operation in the Southern Nevada Enterprise Community established pursuant to 24 C.F.R. Part 597 for a period specified by the Commission, which must be at least 5 years; and
(2) Continue to meet the eligibility requirements set forth in this subsection.
Ê The agreement must bind successors in interest of the grocery store for the specified period.
(b) The grocery store is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the grocery store will operate.
(c) The applicant invested or commits to invest a minimum of $500,000 in capital.
4. If the Commission on Economic Development approves an application for a partial abatement, the Commission shall immediately forward a certificate of eligibility for the abatement to:
(a) The Department of Taxation;
(b) The Nevada Tax Commission; and
(c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the grocery store will be located.
5. The Commission on Economic Development may adopt such regulations as the Commission determines to be necessary or advisable to carry out the provisions of this section.
6. An applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.
(a) “Grocery store” means a business selling at retail groceries, including, without limitation, food for human consumption, articles used in the preparation of food, household supplies, dairy products, meat and produce, and having more than 10,000 square feet of floor space available to the public.
(b) “Selling at retail” has the meaning ascribed to it in NRS 372.050.
Sec. 7. 1. A person who intends to expand a grocery store or expand a business to become a grocery store within the Southern Nevada Enterprise Community established pursuant to 24 C.F.R. Part 597 during Fiscal Year 2004-2005 , [or] 2005-2006 , 2006-2007, 2007-2008 or 2008-2009 may submit a request to the governing body of the county, city or town in which the business operates for endorsement of an application by the person to the Commission on Economic Development for a partial abatement of the taxes imposed on capital equipment pursuant to chapter 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.
(1) Continue in operation in the Southern Nevada Enterprise Community established pursuant to 24 C.F.R. Part 597 for a period specified by the Commission, which must be at least 5 years; and
(b) The grocery store is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the grocery store operates.
(c) The applicant invested or commits to invest a minimum of $250,000 in capital equipment.
(a) The Department of Taxation; and
(b) The Nevada Tax Commission.
Sec. 8. During the Fiscal Years [2005-2006 and] 2006-2007, 2007-2008 and 2008-2009, the Commission on Economic Development shall, until the Commission has granted $1,000,000 in partial abatements pursuant to sections 2, 3, 6 and 7 of this act, give priority to and expedite the processing of applications received by the Commission pursuant to section 6 or 7 of this act.
Sec. 19. This act becomes effective upon passage and approval.
Senate Bill No. 69–Senator Schneider
AN ACT relating to real estate; defining the term “agency” in the context of real estate brokers, salesmen and qualified intermediaries; revising the duties of a real estate licensee; allowing a client to waive certain required duties of a real estate licensee which relate to offers made to or by the client; prohibiting the waiver of other duties of a licensee; allowing for communications with the client of another broker under certain permissible circumstances; clarifying that such communication does not create an agency relationship with the client of the other broker; and providing other matters properly relating thereto.
Existing law defines certain terms used in chapter 645 of NRS which relate to real estate brokers, salesmen and qualified intermediaries. (NRS 645.0005-645.044) Section 1.3 of this bill defines the term “agency” for that chapter.
Existing law imposes certain duties on a licensee who acts as an agent in a real estate transaction. (NRS 645.252) Section 2.5 of this bill provides that such a licensee owes no duty to conduct an investigation of the condition of the property which is the subject of the real estate transaction.
Existing law imposes certain duties on a licensee who has entered into a brokerage agreement to provide representation in a real estate transaction. (NRS 645.254) One of those duties is to present all offers made to and by the client as soon as is practicable. (NRS 645.254) Section 3 of this bill allows a client to waive that duty by signing a waiver on a form provided by the Real Estate Division of the Department of Business and Industry. Section 1.7 of this bill provides that no other duty of a licensee set forth in section 2.5 or 3 may be waived.
Existing law allows a person to negotiate a sale, exchange or lease of real estate with the exclusive client of another broker only if permission has been obtained from that other broker. (NRS 645.635) Section 4 of this bill allows for further communications after such negotiations but before closing.
Section 1. Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.
Sec. 1.3. 1. “Agency” means a relationship between a principal and an agent arising out of a brokerage agreement whereby the agent is engaged to do certain acts on behalf of the principal in dealings with a third party.
2. The term does not include a relationship arising solely from negotiations or communications with a client of another broker with the written permission of the broker in accordance with the provisions of subsection 2 of NRS 645.635.
Sec. 1.7. Except as otherwise provided in subsection 4 of NRS 645.254, no duty of a licensee set forth in NRS 645.252 or 645.254 may be waived.
Sec. 2. NRS 645.0005 is hereby amended to read as follows:
645.0005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645.001 to 645.042, inclusive, and section 1.3 of this act have the meanings ascribed to them in those sections.
Sec. 2.5. NRS 645.252 is hereby amended to read as follows:
645.252 A licensee who acts as an agent in a real estate transaction:
1. Shall disclose to each party to the real estate transaction as soon as is practicable:
(a) Any material and relevant facts, data or information which he knows, or which by the exercise of reasonable care and diligence he should have known, relating to the property which is the subject of the transaction.
(b) Each source from which he will receive compensation as a result of the transaction.
(c) That he is a principal to the transaction or has an interest in a principal to the transaction.
(d) Except as otherwise provided in NRS 645.253, that he is acting for more than one party to the transaction. If a licensee makes such a disclosure, he must obtain the written consent of each party to the transaction for whom he is acting before he may continue to act in his capacity as an agent. The written consent must include:
(1) A description of the real estate transaction.
(2) A statement that the licensee is acting for two or more parties to the transaction who have adverse interests and that in acting for these parties, the licensee has a conflict of interest.
(3) A statement that the licensee will not disclose any confidential information for 1 year after the revocation or termination of any brokerage agreement entered into with a party to the transaction, unless he is required to do so by a court of competent jurisdiction or he is given written permission to do so by that party.
(4) A statement that a party is not required to consent to the licensee acting on his behalf.
(5) A statement that the party is giving his consent without coercion and understands the terms of the consent given.
(e) Any changes in his relationship to a party to the transaction.
2. Shall exercise reasonable skill and care with respect to all parties to the real estate transaction.
3. Shall provide the appropriate form prepared by the Division pursuant to NRS 645.193 to:
(a) Each party for whom the licensee is acting as an agent in the real estate transaction; and
(b) Each unrepresented party to the real estate transaction, if any.
4. Unless otherwise agreed upon in writing, owes no duty to:
(a) Independently verify the accuracy of a statement made by an inspector certified pursuant to chapter 645D of NRS or another appropriate licensed or certified expert.
(b) Conduct an independent inspection of the financial condition of a party to [a] the real estate transaction.
(c) Conduct an investigation of the condition of the property which is the subject of the real estate transaction.
645.254 A licensee who has entered into a brokerage agreement to represent a client in a real estate transaction:
1. Shall exercise reasonable skill and care to carry out the terms of the brokerage agreement and to carry out his duties pursuant to the terms of the brokerage agreement;
2. Shall not disclose confidential information relating to a client for 1 year after the revocation or termination of the brokerage agreement, unless he is required to do so pursuant to an order of a court of competent jurisdiction or he is given written permission to do so by the client; [and]
3. Shall [promote the interests of his client by:
(a) Seeking] seek a sale, purchase, option, rental or lease [or] of real property at the price and terms stated in the brokerage agreement or at a price acceptable to the client [.
(b) Presenting] ;
4. Shall present all offers made to or by the client as soon as is practicable [.
(c) Disclosing] , unless the client chooses to waive the duty of the licensee to present all offers and signs a waiver of the duty on a form prescribed by the Division;
5. Shall disclose to the client material facts of which the licensee has knowledge concerning the transaction [.
(d) Advising] ;
6. Shall advise the client to obtain advice from an expert relating to matters which are beyond the expertise of the licensee [.
(e) Accounting] ; and
7. Shall account for all money and property he receives in which the client may have an interest as soon as is practicable.
645.635 The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:
1. Offering real estate for sale or lease without the knowledge and consent of the owner or his authorized agent or on terms other than those authorized by the owner or his authorized agent.
2. Negotiating a sale, exchange or lease of real estate , or communicating after such negotiations but before closing, directly with a client if he knows that the client has a brokerage agreement in force in connection with the property granting an exclusive agency [or] , including, without limitation, an exclusive right to sell to another broker, unless permission in writing has been obtained from the other broker.
3. Failure to deliver within a reasonable time a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser or to the seller [.] , except as otherwise provided in subsection 4 of NRS 645.254.
4. Failure to deliver to the seller in each real estate transaction, within 10 business days after the transaction is closed, a complete, detailed closing statement showing all of the receipts and disbursements handled by him for the seller, failure to deliver to the buyer a complete statement showing all money received in the transaction from the buyer and how and for what it was disbursed, or failure to retain true copies of those statements in his files. The furnishing of those statements by an escrow holder relieves the broker’s, broker-salesman’s or salesman’s responsibility and must be deemed to be in compliance with this provision.
5. Representing to any lender, guaranteeing agency or any other interested party, verbally or through the preparation of false documents, an amount in excess of the actual sale price of the real estate or terms differing from those actually agreed upon.
6. Failure to produce any document, book or record in his possession or under his control, concerning any real estate transaction under investigation by the Division.
7. Failure to reduce a bona fide offer to writing where a proposed purchaser requests that it be submitted in writing [.] , except as otherwise provided in subsection 4 of NRS 645.254.
8. Failure to submit all written bona fide offers to a seller when the offers are received before the seller accepts an offer in writing and until the broker has knowledge of that acceptance [.] , except as otherwise provided in subsection 4 of NRS 645.254.
9. Refusing because of race, color, national origin, sex or ethnic group to show, sell or rent any real estate for sale or rent to qualified purchasers or renters.
10. Knowingly submitting any false or fraudulent appraisal to any financial institution or other interested person.
Assembly Bill No. 128–Assemblymen Conklin, Buckley, Anderson, Horne, Parks, Bobzien, Claborn, Denis, Gerhardt, Hogan, Kirkpatrick, Koivisto, Leslie, Manendo, Mortenson, Munford, Pierce, Segerblom and Smith
Joint Sponsors: Senators Titus and Carlton
AN ACT relating to prescription drugs; requiring certain wholesalers and manufacturers of prescription drugs to file annually with the State Board of Pharmacy a report disclosing the wholesalers’ and manufacturers’ compliance with a written marketing code of conduct; and providing other matters properly relating thereto.
Existing law prohibits a person from manufacturing or engaging in the wholesale distribution of certain drugs unless the person is licensed to do so by the State Board of Pharmacy. (NRS 639.100, 639.233) This bill requires wholesalers and manufacturers who employ a person to sell or market a drug, medicine, chemical, device or appliance in this State to adopt a written marketing code of conduct. This bill also requires a wholesaler or manufacturer to adopt a training program and policies and procedures, identify a compliance officer, conduct an annual audit and submit an annual report certifying the wholesaler’s or manufacturer’s compliance with the marketing code of conduct.
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A wholesaler or manufacturer who employs a person to sell or market a drug, medicine, chemical, device or appliance in this State shall:
(a) Adopt a written marketing code of conduct which establishes the practices and standards that govern the marketing and sale of its products. The marketing code of conduct must be based on applicable legal standards and incorporate principles of health care, including, without limitation, requirements that the activities of the wholesaler or manufacturer be intended to benefit patients, enhance the practice of medicine and not interfere with the independent judgment of health care professionals. Adoption of the most recent version of the Code on Interactions with Healthcare Professionals developed by the Pharmaceutical Research and Manufacturers of America satisfies the requirements of this paragraph.
(b) Adopt a training program to provide regular training to appropriate employees, including, without limitation, all sales and marketing staff, on the marketing code of conduct.
(c) Conduct annual audits to monitor compliance with the marketing code of conduct.
(d) Adopt policies and procedures for investigating instances of noncompliance with the marketing code of conduct, including, without limitation, the maintenance of effective lines of communication for employees to report noncompliance, the investigation of reports of noncompliance, the taking of corrective action in response to noncompliance and the reporting of instances of noncompliance to law enforcement authorities in appropriate circumstances.
(e) Identify a compliance officer responsible for developing, operating and monitoring the marketing code of conduct.
2. A wholesaler or manufacturer who employs a person to sell or market a drug, medicine, chemical, device or appliance in this State shall submit to the Board annually:
(a) A copy of its marketing code of conduct;
(b) A description of its training program;
(c) A description of its investigation policies;
(d) The name, title, address, telephone number and electronic mail address of its compliance officer; and
(e) Certification that it has conducted its annual audit and is in compliance with its marketing code of conduct.
3. On or before January 15 of each odd-numbered year, the Board shall prepare and submit to the Governor, and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, a compilation of the information submitted to the Board pursuant to this section, other than any information identified as a trade secret in the information submitted to the Board.
4. The Board:
(a) Shall adopt regulations providing for the time of the submission and the form of the information required pursuant to this section and defining “compliance” for the purposes of this section.
(b) May not require the disclosure of the results of an audit conducted pursuant to this section.
(c) Shall post on its Internet website information concerning the compliance of all wholesalers and manufacturers with the requirements of this section.
(d) Shall not disclose any proprietary or confidential business information that it receives pursuant to this section.
Senate Bill No. 432–Senator Schneider
AN ACT relating to health; eliminating the Nevada Institutional Review Board; directing the Legislative Commission to provide for a study concerning alternative and complementary integrative medicine, homeopathic medicine and the use of nonembryonic stem cells in bioregenerative medical technology; and providing other matters properly relating thereto.
Existing law governs the practice of homeopathic medicine and the operation of the Nevada Institutional Review Board. (Chapter 630A of NRS) Sections 1-4 and 6 of this bill eliminate the Nevada Institutional Review Board as of July 1, 2009, and restrict the activities of the Nevada Institutional Review Board until that date.
Section 5 of this bill requires the Legislative Commission to provide for a study conducted by the staff of the Legislative Counsel Bureau concerning alternative and complementary integrative medicine, homeopathic medicine and the use of nonembryonic stem cells in bioregenerative medical technology.
630A.090 1. [Except as otherwise provided in NRS 630A.800 to 630A.910, inclusive, this] This chapter does not apply to:
(a) The practice of dentistry, chiropractic, Oriental medicine, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.
(b) A medical officer of the Armed Services or a medical officer of any division or department of the United States in the discharge of his official duties.
(c) Licensed or certified nurses in the discharge of their duties as nurses.
(d) Homeopathic physicians who are called into this State, other than on a regular basis, for consultation or assistance to any physician licensed in this State, and who are legally qualified to practice in the state or country where they reside.
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in case of emergency.
(b) The domestic administration of family remedies.
4. This chapter does not authorize a homeopathic physician to practice medicine, including allopathic medicine, except as otherwise provided in NRS 630A.040.
Sec. 2. NRS 630A.155 is hereby amended to read as follows:
630A.155 The Board shall:
1. Regulate the practice of homeopathic medicine in this State and any activities that are within the scope of such practice, to protect the public health and safety and the general welfare of the people of this State.
2. Determine the qualifications of, and examine, applicants for licensure or certification pursuant to this chapter, and specify by regulation the methods to be used to check the background of such applicants.
3. License or certify those applicants it finds to be qualified.
4. Investigate and, if required, hear and decide in a manner consistent with the provisions of chapter 622A of NRS all complaints made against any homeopathic physician, advanced practitioner of homeopathy, homeopathic assistant or any agent or employee of any of them, or any facility where the primary practice is homeopathic medicine. If a complaint concerns a practice which is within the jurisdiction of another licensing board or any other possible violation of state law, the Board shall refer the complaint to the other licensing board.
5. [Supervise the Nevada Institutional Review Board created by NRS 630A.865, including, without limitation, approving or denying the regulations adopted by the Nevada Institutional Review Board.
6.] Submit an annual report to the Legislature and make recommendations to the Legislature concerning the enactment of legislation relating to alternative and complementary integrative medicine, including, without limitation, homeopathic medicine.
Sec. 3. NRS 630A.800, 630A.815, 630A.825, 630A.835, 630A.855, 630A.865, 630A.870, 630A.875, 630A.880, 630A.900, 630A.905 and 630A.910 are hereby repealed.
Sec. 4. 1. The Nevada Institutional Review Board shall not, during the period beginning upon passage and approval of this act and ending on July 1, 2009, meet or otherwise exercise any of the powers or duties authorized pursuant to chapter 630A of NRS, except:
(a) As otherwise provided in subsection 2; or
(b) As necessary to carry out the provisions of subsections 3 to 8, inclusive.
2. If the Legislative Commission determines that it is in the best interests of this State, the Legislative Commission may, during the period described in subsection 1, authorize the Nevada Institutional Review Board to contract with a private company to conduct studies or other work related to nonembryonic stem cells in bioregenerative medical technology.
3. The Nevada Institutional Review Board shall, not later than July 1, 2009:
(a) Return the unexpended portion of any grant, gift, appropriation or donation that was received by the Board subject to a condition that requires its return if it cannot be used to carry out the duties of the Board;
(b) Transfer any money that remains in any account maintained by the Nevada Institutional Review Board after complying with paragraph (a) to the Board of Homeopathic Medical Examiners; and
(c) Transfer all books, records, minutes, documents and other property of the Nevada Institutional Review Board to the Board of Homeopathic Medical Examiners.
4. Any regulations adopted by the Nevada Institutional Review Board, or by the Board of Homeopathic Medical Examiners concerning the Nevada Institutional Review Board, are void on July 1, 2009. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after July 1, 2009.
5. Any contract entered into by the Nevada Institutional Review Board, or by the Board of Homeopathic Medical Examiners concerning the Nevada Institutional Review Board, including, without limitation, a contract for employment and a contract for the services of a person pursuant to NRS 284.013, that is not fully performed on July 1, 2009, is void.
6. If the Board of Homeopathic Medical Examiners has created a nonprofit organization pursuant to NRS 630A.875, including, without limitation, the NIRB Medical Foundation, the Board of Homeopathic Medical Examiners shall, not later than July 1, 2009, dissolve the nonprofit organization.
7. The Nevada Institutional Review Board shall cooperate with the Board of Homeopathic Medical Examiners to ensure that the provisions of this act are carried out in an orderly manner.
8. The terms of the members of the Nevada Institutional Review Board expire on July 1, 2009.
Sec. 5. 1. The Legislative Commission shall provide for a study conducted by the staff of the Legislative Counsel Bureau concerning alternative and complementary integrative medicine, homeopathic medicine and the use of nonembryonic stem cells in bioregenerative medical technology.
2. The study must include, without limitation:
(a) A review of the status and operation of the Board of Homeopathic Medical Examiners;
(b) An examination of the practice of alternative and complementary integrative medicine, including:
(1) The scope of the practice;
(2) Any laws governing the practice; and
(3) The importance, benefits and value of the practice to this State and the residents of and visitors to this State;
(c) An examination of the potential for and advisability of an independent board and statutory structure to govern the practice of alternative and complementary integrative medicine; and
(d) An examination of the use of nonembryonic stem cells in bioregenerative medical technology, including, without limitation, methods to encourage the performance in this State of research and development concerning the use of nonembryonic stem cells.
3. Not later than June 30, 2008, the staff of the Legislative Counsel Bureau shall submit a report of the results of its study and any recommendations for legislation to the Legislative Commission. The Legislative Commission shall submit the report of the results of the study and any recommendations for legislation to the 75th Session of the Nevada Legislature.
and any recommendations for legislation to the 75th Session of the Nevada Legislature.
Sec. 6. 1. This section and section 4 of this act become effective upon passage and approval.
3. Sections 1, 2 and 3 of this act become effective on July 1, 2009.
Assembly Bill No. 573–Committee on Natural Resources, Agriculture, and Mining
AN ACT relating to wildlife; revising the circumstances under which the killing of certain animals is prohibited; requiring the Department of Wildlife to issue a 1-day group fishing permit under certain circumstances; requiring the Board of Wildlife Commissioners to adopt certain regulations; prohibiting a person from hunting or fishing any wildlife without a license or permit to do so; revising the information that the Department must include in certain permits; revising the fees for certain tags and permits; providing a penalty; and providing other matters properly relating thereto.
Existing law establishes the Department of Wildlife and requires the Department to administer the wildlife laws of this State. (NRS 501.331)
Section 24.5 of this bill revises the circumstances under which the intentional killing of certain animals is prohibited. (NRS 501.376)
Section 25 of this bill requires the Department to issue a 1-day group fishing permit to a group upon payment of the fee for the permit. A “group” means a group of persons that consists of at least one adult who is at least 16 years of age and at least one child who is at least 12 years of age but less than 16 years of age. Section 30 of this bill authorizes a person to fish for trout without obtaining a state trout stamp if the person is fishing under the authority of a 1-day group fishing permit.
Existing law states that a person who hunts or traps any wild bird or mammal or who fishes without first obtaining a license or permit to do so is guilty of a misdemeanor. (NRS 502.010) Existing law further states that a person who traps fur-bearing mammals must obtain a trapping license. (NRS 503.454) Section 26 of this bill states that a person who hunts or fishes any wildlife without a license or permit is guilty of a misdemeanor. “Wildlife” means any wild mammal, wild bird, fish, reptile, amphibian, mollusk or crustacean found naturally in a wild state. (NRS 501.097)
Existing law requires a license that grants the privilege to hunt, fish or trap to include certain information, including, without limitation, the name, address and description of the holder of the license and the date the license is issued. (NRS 502.030) Section 27 of this bill expands that requirement to include any permit to hunt, fish or trap.
Existing law sets forth the fees that must be paid for licenses, permits and tags to hunt, fish and trap in Nevada. (NRS 502.240, 502.250) Section 28 of this bill imposes a fee of $20 for the issuance of a 1-day permit to hunt migratory game birds and a fee of $8 for each consecutive day added to that permit. Section 29 of this bill imposes a fee of $1,200 for the issuance of a nonresident antlered elk tag and a fee of $500 for the issuance of a nonresident antlerless elk tag.
As used in this title, unless the context otherwise requires, the words and terms defined in NRS 501.003 to 501.097, inclusive, have the meanings ascribed to them in those sections.
501.003 [As used in this title, “alternative] “Alternative livestock” means the following species, including subspecies, of the family Cervidae, if they are born and reared in captivity and raised on private property to produce meat or other by-products of animals or as breeding stock to produce alternative livestock:
1. Fallow deer (Dama dama).
2. Reindeer (Rangifer tarandus).
501.005 [As used in this title, “big] “Big game mammal” means any game mammal so classified by Commission regulation.
501.010 [As used in this title, “board”] “Board” means the county advisory board to manage wildlife.
501.013 [As used in this title, “chumming”] “Chumming” means the placing in the water of fish, parts of fish or other material upon which fish feed, for the purpose of attracting fish to a particular area in order that they may be taken.
501.015 [As used in this title, “closed] “Closed season” means all periods except those designated as “open season.” During any such season it is unlawful to fish, to hunt game mammals or game birds or to hunt or trap fur-bearing mammals. There is no closed season on those species of wild mammals or wild birds classified as unprotected.
501.020 Except as otherwise provided in NRS 504.430 to 504.490, inclusive, [as used in this title, unless the context otherwise requires,] “Commission” means the Board of Wildlife Commissioners.
501.023 [As used in this title, “county,”] “County,” when appearing alone or in the reference framework of county advisory board to manage wildlife, board of county commissioners or any county officer, includes and applies to Carson City.
501.024 [As used in this title,] “Department” means the Department of Wildlife.
501.026 [As used in this title,] “Director” means the Director of the Department.
501.030 [As used in this title, the] The words “to fish” and their derivatives, “fishes,” “fishing” and “fished,” mean catching, taking, capturing, killing, injuring or crippling of a fish or game amphibian, and every attempt to do so.
501.035 [As used in this title, “fur-bearing] “Fur-bearing mammal” means any mammal so classified by Commission regulation.
501.037 [As used in this title, “game] “Game amphibian” means any amphibian so classified by Commission regulation.
501.045 [As used in this title, “game] “Game fish” means any fish so classified by Commission regulation.
501.046 [As used in this title, “game] “Game mammal” means any mammal so classified by Commission regulation.
501.047 [As used in this title, “game] “Game warden” means any person authorized by the Director to enforce the provisions of this title and of chapter 488 of NRS.
501.050 [As used in this title, the] The words “to hunt” and their derivatives, “hunting” and “hunted,” mean to search for, pursue or attract [wild mammals or birds] any wildlife for the purpose and with the means of capturing, injuring or killing [them,] that wildlife, every attempt to capture, injure or kill [wild mammals or birds,] wildlife, and every act of assistance to any other person in capturing, injuring or killing [such mammals or birds.] that wildlife.
501.055 [As used in this title, “migratory] “Migratory game birds” means any birds so classified by Commission regulation.
501.065 [As used in this title, “open] “Open season” means that period designated pursuant to the provisions of this title during which it is legal to fish or to hunt game mammals or game birds or to hunt or to trap fur-bearing mammals. [Such] The period includes the first day and last day designated. There is no open season on those species of wildlife classified as protected.
501.088 [As used in this title, unless the context otherwise requires, the] The words “to take” and their derivatives, “took,” “taken” and “taking,” when used in reference to wildlife, mean to kill, capture, shoot, trap, catch, wound, possess, collect, seine, snare or net, and every attempt to do so.
501.090 [As used in this title, the] The words “to trap” and their derivatives, “trapping” and “trapped,” mean to set or operate any device, mechanism or contraption that is designed, built or made to close upon or hold fast any [wild mammal or wild bird] wildlife and every act of assistance to any person in so doing.
501.095 [As used in this title, “upland] “Upland game birds” means any birds so classified by Commission regulation.
501.096 [As used in this title, “vessel”] “Vessel” means every kind of watercraft, other than a seaplane on the water, which is used or capable of being used as a means of transportation on water.
501.097 [As used in this title, “wildlife”] “Wildlife” means any wild mammal, wild bird, fish, reptile, amphibian, mollusk or crustacean found naturally in a wild state, whether indigenous to Nevada or not and whether raised in captivity or not.
Sec. 24.5. NRS 501.376 is hereby amended to read as follows:
501.376 1. Except as otherwise provided in this section, a person shall not intentionally kill or aid and abet another person to kill a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear:
(a) Outside of the prescribed season set by the Commission for the lawful hunting of that animal;
(b) Through the use of an aircraft [,] or helicopter [or motor-driven vehicle] in violation of NRS 503.010;
(c) By a method other than the method prescribed on the tag issued by the Department for hunting that animal;
(d) [In a manner,] Knowingly during a time [or in a place otherwise prohibited by a specific statute or a regulation adopted] other than:
(1) The time of day set by the Commission [;] for hunting that animal pursuant to NRS 503.140; or
(2) If the Commission has not set such a time, between sunrise and sunset as determined pursuant to that section; or
(e) Without a valid tag issued by the Department for hunting that animal. A tag issued for hunting any animal specified in this subsection is not valid if knowingly used by a person:
(1) Other than the person specified on the tag;
(2) Outside of the management area or other area specified on the tag; or
(3) If the tag was obtained by a false or fraudulent representation.
2. The provisions of subsection 1 do not prohibit the killing of an animal specified in subsection 1 if:
(a) The killing of the animal is necessary to protect the life or property of any person in imminent danger of being attacked by the animal; or
(b) The animal killed was not the intended target of the person who killed the animal and the killing of the animal which was the intended target would not violate the provisions of subsection 1.
3. A person who violates the provisions of subsection 1 shall be punished for a category E felony as provided in NRS 193.130 or, if the court reduces the penalty pursuant to this subsection, for a gross misdemeanor. In determining whether to reduce the penalty, the court shall consider:
(a) The nature of the offense;
(b) The circumstances surrounding the offense;
(c) The defendant’s understanding and appreciation of the gravity of the offense;
(d) The attitude of the defendant towards the offense; and
(e) The general objectives of sentencing.
4. A person shall not willfully possess any animal specified in subsection 1 if the person knows the animal was killed in violation of subsection 1 or the circumstances should have caused a reasonable person to know that the animal was killed in violation of subsection 1.
subsection 1 or the circumstances should have caused a reasonable person to know that the animal was killed in violation of subsection 1.
5. A person who violates the provisions of subsection 4 is guilty of a gross misdemeanor.
Sec. 25. Chapter 502 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall issue a 1-day group fishing permit to a group upon the payment of the fee required pursuant to this section. A 1-day group fishing permit authorizes each member of the group to fish during the period specified on the permit in accordance with the regulations adopted by the Commission pursuant to this section. Each group that applies for the issuance of a 1-day group fishing permit pursuant to this section must designate a person who is at least 18 years of age to act as the primary adult for that group.
2. Except as otherwise provided in subsection 3, the fees for the issuance of a 1-day group fishing permit are:
(a) If at least one member of the group is a bona fide resident of this State pursuant to NRS 502.015:
(1) Eight dollars for the primary adult for the group;
(2) Five dollars for each other adult in the group; and
(3) Four dollars for each child in the group.
(b) If no member of the group is a bona fide resident of this State pursuant to NRS 502.015:
(1) Seventeen dollars for the primary adult for the group;
(2) Eleven dollars for each other adult in the group; and
(3) Five dollars for each child in the group.
3. The fees specified in subsection 2 are payable only with respect to each member of the group who does not hold a license or permit to fish issued pursuant to NRS 502.240.
4. The Commission shall adopt regulations to carry out the provisions of this section, including, without limitation, the requirements for using a 1-day group fishing permit.
(a) “Adult” means a person who is at least 16 years of age.
(b) “Child” means a person who is at least 12 years of age but less than 16 years of age.
(c) “Group” means a group of persons consisting of at least one adult and one child at the time the 1-day group fishing permit is purchased.
502.010 1. A person who hunts or [traps any of the wild birds or mammals or who] fishes any wildlife without having first procured a license or permit to do so, as provided in this title, is guilty of a misdemeanor, except that:
(a) A license to hunt or fish is not required of a resident of this State who is under 12 years of age, unless required for the issuance of tags as prescribed in this title or by the regulations of the Commission.
(b) A license to fish is not required of a nonresident of this State who is under 12 years of age, but the number of fish taken by the nonresident must not exceed 50 percent of the daily creel and possession limits as provided by law.
(c) Except as otherwise provided in subsection 5 or 6 of NRS 202.300, it is unlawful for any child who is under 18 years of age to hunt any [of the wild birds or mammals] wildlife with any firearm, unless the child is accompanied at all times by his parent or guardian or is accompanied at all times by an adult person authorized by his parent or guardian to have control or custody of the child to hunt if the authorized person is also licensed to hunt.
wild birds or mammals] wildlife with any firearm, unless the child is accompanied at all times by his parent or guardian or is accompanied at all times by an adult person authorized by his parent or guardian to have control or custody of the child to hunt if the authorized person is also licensed to hunt.
(d) A child under 12 years of age, whether accompanied by a qualified person or not, shall not hunt big game in the State of Nevada. This section does not prohibit any child from accompanying an adult licensed to hunt.
(e) The Commission may adopt regulations setting forth:
(1) The species of [wild birds or mammals] wildlife which may be hunted or trapped without a license or permit; or
(2) The circumstances under which a person may fish without a license, permit or stamp in a lake or pond that is located entirely on private property and is stocked with lawfully acquired fish.
(f) The Commission may declare one day per year as a day upon which persons may fish without a license to do so.
2. This section does not apply to the protection of persons or property from unprotected [wild birds or mammals] wildlife on or in the immediate vicinity of home or ranch premises.
502.030 1. Licenses or permits granting the privilege to hunt, fish or trap as provided in this title must be of such a form as is deemed necessary by the Department, but must include the following information:
(a) The holder’s name, address and description.
(b) The date issued.
(c) The period of validity.
(d) The correct designation as to whether a fishing, hunting or trapping license [.] or permit.
(e) A statement to be signed by the holder: “I, the signator holder in signing this license [,] or permit, hereby state that I am entitled to this license or permit under the laws of the State of Nevada and that no false statement has been made by me to obtain this license [.”] or permit.”
2. The Commission may provide rules and regulations requiring an applicant to exhibit proof of his identity and residence. Such information must be included on the license or permit as is deemed necessary by the Department.
3. The Commission may provide rules and regulations establishing a permanent licensing or permitting system. Such a system may authorize the use of applications for the issuance of temporary hunting, fishing and trapping licenses or permits for residents and the issuance of annual licenses or permits therefrom. The system may provide for the automatic renewal and validation of the annual license [.] or permit.
4. The Commission may [provide regulations covering] adopt regulations setting forth the method of applying for, the term and expiration date of any license or permit required by this title to be issued without the payment of a fee.
502.240 The Department shall issue annual licenses and limited permits:
1. To any person who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of a fee of $10 for an annual trapping license.
2. Except as otherwise provided in NRS 502.245 and 504.390, and section 25 of this act, to any person who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of a fee of:
For [a] an annual fishing license.................................................................................................................................. $25
For a 1-day permit to fish.................................................................................................................................................. 8
For each consecutive day added to a 1-day permit to fish......................................................................................... 3
For a hunting license......................................................................................................................................................... 29
For a combined hunting and fishing license................................................................................................................. 50
For a trapping license....................................................................................................................................................... 38
For a fur dealer’s license.................................................................................................................................................. 63
For an annual master guide’s license.......................................................................................................................... 750
For an annual subguide’s license................................................................................................................................. 125
3. To any person who has attained his 12th birthday but who has not attained his 16th birthday, and who is not a bona fide resident of the State of Nevada, upon the payment of a fee of $17 for an annual fishing license.
4. Except as otherwise provided in subsection 3 [,] and section 25 of this act, to any person who is not a bona fide resident of the State of Nevada, upon the payment of a fee of:
For an annual fishing license................................................................................................................................ $65
For a 1-day permit to fish........................................................................................................................................ 17
For each consecutive day added to a 1-day permit to fish................................................................................. 7
For a hunting license............................................................................................................................................... 138
For a combined hunting and fishing license....................................................................................................... 195
For an annual trapper’s license............................................................................................................................ 188
For a fur dealer’s license........................................................................................................................................ 125
For an annual master guide’s license............................................................................................................... 1,500
For an annual subguide’s license......................................................................................................................... 250
For a 1-day permit to hunt upland game and [waterfowl] migratory game birds....................................... 20
For each consecutive day added to a 1-day permit to hunt upland game and [waterfowl] migratory game birds............................................................................................................................................................. 8
5. To any person, without regard to residence, upon the payment of a fee of:
For a noncommercial license for the possession of live wildlife............................................................................ $15
For a commercial or private shooting preserve......................................................................................................... 125
For a commercial license for the possession of live wildlife................................................................................... 500
For a live bait dealer’s permit......................................................................................................................................... 44
For a competitive field trials permit............................................................................................................................... 31
For a permit to train dogs or falcons............................................................................................................................. 15
For a 1-year falconry license.......................................................................................................................................... 38
For an importation permit............................................................................................................................................. $15
For an import eligibility permit....................................................................................................................................... 31
For an exportation permit............................................................................................................................................... 15
For any other special permit issued by the Department, a fee not to exceed the highest fee established for any other special permit set by the Commission.
502.250 1. The amount of the fee that must be charged for the following tags is:
Resident deer tag............................................................................................................................................................ $30
Resident antelope tag....................................................................................................................................................... 60
Resident elk tag............................................................................................................................................................... 120
Resident bighorn sheep tag........................................................................................................................................... 120
Resident mountain goat tag......................................................................................................................................... 120
Resident mountain lion tag............................................................................................................................................. 25
Nonresident deer tag...................................................................................................................................................... 240
Nonresident antelope tag.............................................................................................................................................. 300
Nonresident antlered elk tag..................................................................................................................................... 1,200
Nonresident antlerless elk tag..................................................................................................................................... 500
Nonresident bighorn sheep tag.................................................................................................................................. 1,200
Nonresident mountain goat tag................................................................................................................................ 1,200
Nonresident mountain lion tag..................................................................................................................................... 100
2. The amount of the fee for other resident or nonresident big game tags must not exceed the highest fee for a resident or nonresident big game tag established pursuant to this section.
3. The amount of the fee for a tag determined to be necessary by the Commission for other species pursuant to NRS 502.130 must not exceed the highest fee for a resident or nonresident tag established pursuant to this section.
4. A fee not to exceed $10 may be charged for processing an application for a game species or permit other than an application for an elk. A fee of not less than $5 but not more than $15 must be charged for processing an application for an elk, $5 of which must be deposited with the State Treasurer for credit to the Wildlife Obligated Reserve Account in the State General Fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this State.
5. The Commission may accept sealed bids for or may auction not more than 15 big game tags and not more than 5 wild turkey tags each year. To reimburse the Department for the cost of managing wildlife and administering and conducting the bid or auction, not more than 18 percent of the total amount of money received from the bid or auction may be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund. Any amount of money received from the bid or auction that is not so deposited must be deposited with the State Treasurer for credit to the Wildlife Heritage Trust Account in the State General Fund in accordance with the provisions of NRS 501.3575.
6. The Commission may by regulation establish an additional drawing for big game tags, which may be entitled the Partnership in Wildlife Drawing. To reimburse the Department for the cost of managing wildlife and administering and conducting the drawing, not more than 18 percent of the total amount of money received from the drawing may be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.
total amount of money received from the drawing may be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund. Except as otherwise provided by regulations adopted by the Commission pursuant to subsection 7, the money received by the Department from applicants in the drawing who are not awarded big game tags must be deposited with the State Treasurer for credit to the Wildlife Heritage Trust Account in accordance with the provisions of NRS 501.3575.
7. The Commission may adopt regulations which authorize the return of all or a portion of any fee collected from a person pursuant to the provisions of this section.
502.326 1. Except as otherwise provided in subsection 2, it is unlawful for any person to take or possess trout unless at the time he is fishing he carries on his person:
(a) An unexpired state trout stamp affixed to his fishing license and validated by his signature in ink across the face of the stamp; or
(b) Such documentation as the Department provides as proof that he has paid to the Department, for the licensing period that includes the time he is fishing, the same fee as that required pursuant to subsection 3 for the purchase of a state trout stamp for that period.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is under the age of 12; or
(b) Is fishing:
(1) Under the authority of a valid 1-day permit to fish or during a consecutive day validly added to that permit; [or]
(2) Under the authority of a valid 1-day group fishing permit; or
(3) In accordance with regulations adopted by the Commission pursuant to subparagraph (2) of paragraph (e) of subsection 1 of NRS 502.010.
3. State trout stamps must be sold for a fee of $10 each by the Department and by persons authorized by the Department to sell hunting, fishing and trapping licenses.
4. The Department shall determine the form of the stamps.
Sec. 31. This act becomes effective on July 1, 2007.
AN ACT relating to education; revising provisions relating to reports of accountability to include information relating to pupils who drop out of school in grade 8; revising provisions governing the attendance and truancy of pupils; authorizing a juvenile court to order a parent or guardian of a child to pay a fine under certain circumstances if the child is a habitual truant; authorizing a juvenile court to waive certain fines if the parent or guardian is ordered to pay fines in a court of competent jurisdiction; requiring the Legislative Committee on Education to study issues relating to truancy; and providing other matters properly relating thereto.
Sections 1 and 2 of this bill require a report of pupils who drop out of school in grade 8 to be included in the reports of accountability prepared by the State Board of Education and the boards of trustees of school districts. (NRS 385.3469, 385.347)
Section 3 of this bill requires the board of trustees of a school district located in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to establish a school attendance council. A board of trustees of a school district located in a county whose population is less than 100,000 (currently counties other than Clark and Washoe Counties) is authorized to establish a school attendance council. A school attendance council is required to implement a program to reduce the truancy of pupils and to monitor incidents of truancy of pupils within the district.
Existing law requires an advisory board to review school attendance created pursuant to NRS 392.126 to establish programs to reduce the truancy of pupils in the school district. (NRS 392.128) Section 5 of this bill requires those programs to include the coordination of community services that provide assistance for pupils who are truant from school.
Section 6 of this bill requires the board of trustees of each school district to establish procedures to monitor the attendance and truancy of pupils within the school district.
Existing law makes it unlawful for a person to induce or attempt to induce a child to be unlawfully absent from school. (NRS 392.220) Section 7 of this bill makes the inducement or attempt unlawful if the person knowingly induces or attempts to induce the child to be unlawfully absent from school. Section 7 of this bill also clarifies that a parent or guardian may be in violation of this law if the parent knowingly induces or attempts to induce a child to be unlawfully absent from school.
Under existing law a child who is adjudicated to be in need of supervision because the child is a habitual truant may be ordered to pay a fine. (NRS 62A.430) Section 9 of this bill authorizes the juvenile court to order the parent or guardian of the child to pay a fine if the parent or guardian knowingly induced the child to be a habitual truant. Section 9 also authorizes the juvenile court to waive a fine if a parent or guardian is ordered, by a court of competent jurisdiction, to pay a fine arising out of the same circumstances.
Section 11 of this bill requires the Legislative Committee on Education to study the issue of truancy and report its findings to the Legislature on or before February 1, 2009.
Whereas, The graduation rate reported each year by the Department of Education is based on a general count of pupils who entered grade 9 and a count of pupils who receive a diploma or drop out 4 years later; and
Whereas, The National Governors Association Task Force on State High School Graduation Data is urging states to adopt a new method for calculating the graduation rate which tracks an individual pupil through his educational career to determine whether the pupil graduates; and
Whereas, Nevada has committed to adopting this new method for calculating the graduation rate; and
Whereas, The members of the 74th Session of the Nevada Legislature hereby urge the Department of Education to begin using the method for calculating the graduation rate promoted by the National Governors Association as soon as practicable; now, therefore,
Section 1. NRS 385.3469 is hereby amended to read as follows:
385.3469 1. The State Board shall prepare an annual report of accountability that includes, without limitation:
(a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:
(1) Pupils who are economically disadvantaged, as defined by the State Board;
(2) Pupils from major racial and ethnic groups, as defined by the State Board;
(3) Pupils with disabilities;
(4) Pupils who are limited English proficient; and
(5) Pupils who are migratory children, as defined by the State Board.
(c) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.
(d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in paragraph (b).
(f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.
(g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.
district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.
(h) Information on whether each public school, including, without limitation, each charter school, has made adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.
(i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.
(j) The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.
(k) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:
(1) The percentage of teachers who are:
(I) Providing instruction pursuant to NRS 391.125;
(II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or
(III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;
(2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers;
(3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;
(4) For each middle school, junior high school and high school:
(I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and
(II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and
(5) For each elementary school:
(I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and
assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and
(II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.
(l) The total expenditure per pupil for each school district in this State, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.
(m) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.
(n) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(o) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole . [, excluding] The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:
(1) Provide proof to the school district of successful completion of the examinations of general educational development.
(2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.
(3) Withdraw from school to attend another school.
(p) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(q) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(r) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(s) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(t) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(u) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(v) The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. For the purposes of this paragraph, a pupil is not a transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.
(w) Each source of funding for this State to be used for the system of public education.
(x) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:
(1) The amount and sources of money received for programs of remedial study.
(2) An identification of each program of remedial study, listed by subject area.
(y) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(z) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(aa) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:
(1) A standard high school diploma.
(2) An adjusted diploma.
(3) A certificate of attendance.
(bb) The number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(cc) The number of habitual truants who are reported to a school police officer or local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(dd) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:
(1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and
(2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.
(ee) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.
(ff) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.
2. A separate reporting for a subgroup of pupils must not be made pursuant to this section if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe a mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.
3. The annual report of accountability must:
(a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;
(b) Be prepared in a concise manner; and
(c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.
4. On or before September 1 of each year, the State Board shall:
(a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and
(b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:
(1) Governor;
(2) Committee;
(3) Bureau;
(4) Board of Regents of the University of Nevada;
(5) Board of trustees of each school district; and
(6) Governing body of each charter school.
5. Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.
(a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).
(b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.
385.347 1. The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel [in education] in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district.
schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of each school district shall:
(a) Report the information required by subsection 2 for each charter school that is located within the school district, regardless of the sponsor of the charter school.
(b) For the information that is reported in an aggregated format, include the data that is applicable to the charter schools sponsored by the school district but not the charter schools that are sponsored by the State Board.
(c) Denote separately in the report those charter schools that are located within the school district and sponsored by the State Board.
2. The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:
(a) The educational goals and objectives of the school district.
(b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school in the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:
(1) The number of pupils who took the examinations;
(2) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school;
(3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:
(I) Pupils who are economically disadvantaged, as defined by the State Board;
(II) Pupils from major racial and ethnic groups, as defined by the State Board;
(III) Pupils with disabilities;
(IV) Pupils who are limited English proficient; and
(V) Pupils who are migratory children, as defined by the State Board;
(4) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board;
(5) The percentage of pupils who were not tested;
(6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in subparagraph (3);
(7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available;
(8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools in the district, with the results of pupils throughout this State.
district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison; and
(9) For each school in the district, including, without limitation, each charter school in the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.
Ê A separate reporting for a subgroup of pupils must not be made pursuant to this paragraph if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.
(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.
(d) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school in the district. The information must include, without limitation:
(2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;
(3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;
(e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.
(f) The curriculum used by the school district, including:
(1) Any special programs for pupils at an individual school; and
(2) The curriculum used by each charter school in the district.
(g) Records of the attendance and truancy of pupils in all grades, including, without limitation:
(1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school in the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.
(h) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole . [, excluding] The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:
(i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:
(1) Communication with the parents of pupils in the district; and
(2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.
(k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.
(l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.
(m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.
(n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.
(q) Each source of funding for the school district.
(r) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:
(1) The amount and sources of money received for programs of remedial study for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education.
(t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.
(u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who received:
(v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.
(w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.
(x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.
(y) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.
(z) Information on whether each public school in the district, including, without limitation, each charter school in the district, has made adequate yearly progress, including, without limitation:
(1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and
(2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.
(aa) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school the district. The information must include:
(1) The number of paraprofessionals employed at the school; and
(2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.
(bb) For each high school in the district, including, without limitation, each charter school that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.
(cc) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.
(dd) Such other information as is directed by the Superintendent of Public Instruction.
3. The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school.
A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:
(a) Acquisition of knowledge or skills relating to the professional development of the teacher; or
(b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.
4. The annual report of accountability prepared pursuant to subsection 2 must:
(a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and
(b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.
5. The Superintendent of Public Instruction shall:
(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.
(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts throughout this State.
(c) Consult with a representative of the:
(1) Nevada State Education Association;
(2) Nevada Association of School Boards;
(3) Nevada Association of School Administrators;
(4) Nevada Parent Teacher Association;
(5) Budget Division of the Department of Administration; and
(6) Legislative Counsel Bureau,
Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
6. The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
7. On or before August 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.
8. On or before August 15 of each year, the board of trustees of each school district shall:
(a) Provide written notice that the report required pursuant to subsection 2 is available on the Internet website maintained by the school district, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:
(2) State Board;
(3) Department;
(4) Committee; and
(5) Bureau.
(b) Provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, if any.
website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school in the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school in the district.
9. Upon the request of the Governor, an entity described in paragraph (a) of subsection 8 or a member of the general public, the board of trustees of a school district shall provide a portion or portions of the report required pursuant to subsection 2.
10. As used in this section:
Sec. 3. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of a school district located:
(a) In a county whose population is 100,000 or more, shall establish not less than one school attendance council within the school district.
(b) In a county whose population is less than 100,000, may establish a school attendance council within the school district.
2. A school attendance council established by the board of trustees must consist of members whose professional responsibilities relate to the prevention of truancy and the enforcement of laws relating to truancy, which may include, without limitation, a person in charge of monitoring attendance within the school district or a school, a representative from an agency which provides child welfare services, a representative from a law enforcement agency and a representative of the district attorney.
3. A school attendance council shall:
(a) Assist in the implementation of a program to reduce the truancy of pupils adopted by the advisory board to review school attendance pursuant to NRS 392.128.
(b) Monitor each incident involving the truancy of a pupil within the school district and document the efforts made by each school and the school district to assist the pupil in attending school.
(c) Monitor excessive absences of pupils within the school district and document the efforts made by each school and the school district to assist pupils in attending school.
(d) Prepare an annual report which includes a compilation of the disposition of incidences involving the truancy of pupils during the immediately preceding school year. On or before August 1 of each year the report must be submitted to the Department and the Legislative Committee on Education. The annual report must not disclose the identity of an individual pupil.
(e) Receive and retain a report from a family resource center or other provider of community services that assists pupils who are truant. As used in this paragraph, “family resource center” has the meaning ascribed to it in NRS 430A.040.
392.127 The board of trustees of each school district shall provide administrative support to [each advisory] :
1. Each advisory board to review school attendance created in its county pursuant to NRS 392.126.
2. If applicable, each school attendance council established pursuant to section 3 of this act.
392.128 1. Each advisory board to review school attendance created pursuant to NRS 392.126 shall:
(a) Review the records of the attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district pursuant to subsection 7 of NRS 385.347;
(b) Identify factors that contribute to the truancy of pupils in the school district;
(c) Establish programs to reduce the truancy of pupils in the school district [;] , including, without limitation, the coordination of services available in the community to assist with the intervention, diversion and discipline of pupils who are truant;
(d) At least annually, evaluate the effectiveness of those programs;
(e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants; and
(f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.
2. The chairman of an advisory board may divide the advisory board into subcommittees. The advisory board may delegate one or more of the duties of the advisory board to a subcommittee of the advisory board, including, without limitation, holding hearings pursuant to NRS 392.147. If the chairman of an advisory board divides the advisory board into subcommittees, the chairman shall notify the board of trustees of the school district of this action. Upon receipt of such a notice, the board of trustees shall establish rules and procedures for each such subcommittee. A subcommittee shall abide by the applicable rules and procedures when it takes action or makes decisions.
3. An advisory board to review school attendance may work with a family resource center or other provider of community services to provide assistance to pupils who are truant. The advisory board shall identify areas within the school district in which community services are not available to assist pupils who are truant. As used in this subsection, “family resource center” has the meaning ascribed to it in NRS 430A.040.
4. An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the Legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district. The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the truancy of pupils in the school district.
392.150 1. The board of trustees of a school district may [:
1. Appoint] appoint an attendance officer [,] for the school district, who need not be a licensed employee of the school district, except that in any school district where a system of classified employment is in effect, attendance officers must be classified employees of the school district. If the board of trustees appoints an attendance officer for the school district, the board of trustees may:
board of trustees appoints an attendance officer for the school district, the board of trustees may:
[2.] (a) Fix his compensation [.] ;
[3.] (b) Prescribe his duties [.] ; and
[4.] (c) Adopt regulations not inconsistent with law for the performance of his duties.
2. The board of trustees of each school district shall:
(a) Establish procedures to monitor the attendance and truancy of pupils, including, without limitation, a standard method for reporting the truancy of pupils and a standard method for reporting excessive absences of pupils throughout the school district;
(b) Coordinate efforts to refer pupils who are truant to appropriate providers of community services; and
(c) Determine, based on the attendance and truancy of pupils at each school within the school district, whether to employ an attendance clerk for a particular school or group of schools whose primary responsibility is to monitor the attendance and truancy of pupils.
392.220 1. Any person , including, without limitation, a parent or legal guardian of a child, who knowingly induces or attempts to induce any child to be absent from school unlawfully, including, without limitation, requiring the child to provide care for a sibling while school is in session, or who knowingly employs or harbors, while school is in session, any child absent unlawfully from school, is guilty of a misdemeanor.
2. The attendance officer for the school district, an attendance clerk or any other school officer is empowered to visit any place or establishment where minor children are employed to ascertain whether the provisions of this title of NRS are complied with fully, and may demand from all employers of such children a list of children employed, with their names and ages.
Sec. 8. NRS 62E.270 is hereby amended to read as follows:
62E.270 1. If the juvenile court imposes a fine against:
(a) A delinquent child pursuant to NRS 62E.730;
(b) A child who has committed a minor traffic offense, except an offense related to metered parking, pursuant to NRS 62E.700; or
(c) A child in need of supervision , or the parent or guardian of the child, because the child is a habitual truant pursuant to NRS 62E.430,
Ê the juvenile court shall order the child or the parent or guardian of the child to pay an administrative assessment of $10 in addition to the fine.
2. The juvenile court shall state separately on its docket the amount of money that the juvenile court collects for the administrative assessment.
3. If the child is found not to have committed the alleged act or the charges are dropped, the juvenile court shall return to the child or the parent or guardian of the child any money deposited with the juvenile court for the administrative assessment.
4. On or before the fifth day of each month for the preceding month, the clerk of the court shall pay to the county treasurer the money the juvenile court collects for administrative assessments.
5. On or before the 15th day of each month, the county treasurer shall deposit the money in the county general fund for credit to a special account for the use of the county’s juvenile court or for services to delinquent children.
62E.430 1. If a child is adjudicated to be in need of supervision because the child is a habitual truant, the juvenile court shall:
(a) The first time the child is adjudicated to be in need of supervision because the child is a habitual truant:
(1) Order [the child to:
(I) Pay] :
(I) The child to pay a fine of not more than $100 and the administrative assessment required by NRS 62E.270 [;] or if the parent or guardian of the child knowingly induced the child to be a habitual truant, order the parent or guardian to pay the fine and the administrative assessment; or
(II) [Perform] The child to perform not less than 8 hours but not more than 16 hours of community service; and
(2) If the child is 14 years of age or older, order the suspension of the driver’s license of the child for at least 30 days but not more than 6 months. If the child does not possess a driver’s license, the juvenile court shall prohibit the child from applying for a driver’s license for 30 days:
(I) Immediately following the date of the order if the child is eligible to apply for a driver’s license; or
(II) After the date the child becomes eligible to apply for a driver’s license if the child is not eligible to apply for a driver’s license.
(b) The second or any subsequent time the child is adjudicated to be in need of supervision because the child is a habitual truant:
(I) The child to pay a fine of not more than $200 and the administrative assessment required by NRS 62E.270 [;] or if the parent or guardian of the child knowingly induced the child to be a habitual truant, order the parent or guardian to pay the fine and the administrative assessment;
(II) [Perform] The child to perform not more than 10 hours of community service; or
(III) [Comply] Compliance with the requirements set forth in both sub-subparagraphs (I) and (II); and
(2) If the child is 14 years of age or older, order the suspension of the driver’s license of the child for at least 60 days but not more than 1 year. If the child does not possess a driver’s license, the juvenile court shall prohibit the child from applying for a driver’s license for 60 days:
2. The juvenile court may suspend the payment of a fine ordered pursuant to paragraph (a) of subsection 1 if the child attends school for 60 consecutive school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the imposition of the fine, or has a valid excuse acceptable to his teacher or the principal for any absence from school within that period.
3. The juvenile court may suspend the payment of a fine ordered pursuant to this section if the parent or guardian of a child is ordered to pay a fine by another court of competent jurisdiction in a case relating to or arising out of the same circumstances that caused the juvenile court to adjudicate the child in need of supervision.
or arising out of the same circumstances that caused the juvenile court to adjudicate the child in need of supervision.
4. The community service ordered pursuant to this section must be performed at the child’s school of attendance, if practicable.
Sec. 10. NRS 430A.160 is hereby amended to read as follows:
430A.160 1. Each family resource center shall provide referrals to obtain, if available, the following services:
(a) Education on caring for infants and day care services for infants;
(b) Education on parenting;
(c) Health care services for children, including all required immunizations;
(d) Programs to identify and assist developmentally disabled infants and young children of up to 5 years of age;
(e) Day care for children who are old enough to attend school, both before and after school;
(f) Programs to assist senior citizens;
(g) Programs to supplement formal education, including, without limitation, mentor programs for pupils in elementary and secondary schools, literacy programs, programs that encourage parental involvement in school, programs that teach English as a second language, programs to assist in the naturalization process and other alternative educational programs;
(h) Programs to teach adults and children skills for employment and self-sufficiency;
(i) Services that will assist families with physical and mental health issues, the special needs of children, food and nutritional needs, recreational needs, housing problems, domestic violence and substance abuse;
(j) Programs designed to reduce the rate of pregnancies in unmarried teenage girls;
(k) Programs designed to assist pupils who are truant from school and to reduce the rate at which pupils drop out of school;
(l) Transportation services, particularly to assist people in traveling to the social service agencies from which they may be receiving services pursuant to this section;
(m) Classes that teach alternative means of resolving disputes that arise in the family; and
(n) Any other services for which the communities that the family resource center serves have a need.
2. Each family resource center may offer services directly through its own employees and resources or contract with social service agencies to provide services, or may do both.
3. Any family resource center that offers services directly through its own employees and resources shall comply with all applicable state and federal laws and regulations regarding the delivery of the services.
Sec. 11. 1. The Legislative Committee on Education shall study issues relating to truancy during the 2007-2009 interim.
2. The study must include, without limitation, a review of:
(a) Issues relating to pupils who are truant from school, including, without limitation, measures of prevention, intervention and diversion and the imposition of appropriate discipline.
(b) The effectiveness of existing programs designed to reduce the number of pupils who are truant from school and identify programs throughout the State or in other states that are effective.
(c) Recommendations for a plan to reduce the number of pupils who are truant from school.
3. On or before February 1, 2009, the Legislative Committee on Education shall submit the report of its findings and any recommendations to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature.
Sec. 12. The provisions of section 9 of this act do not apply to a parent or guardian of a child who is adjudicated in need of supervision because he is a habitual truant if all acts of truancy occurred before July 1, 2007.
Senate Bill No. 412–Senators Heck, Townsend, Hardy, Beers, Cegavske and Washington
Joint Sponsors: Assemblymen Hardy, Gansert and Mabey
AN ACT relating to health care; revising the method of selecting certain professionals for various boards related to health care; creating a new type of license for practicing medicine; changing the requirements for a license by endorsement to practice medicine; providing new requirements for certain nursing instructors; providing two new types of licenses for osteopathic medicine; providing a new type of license as a dispensing optician; providing in statute for the election of officers for the State Board of Physical Therapy Examiners; making various other changes relating to health care; and providing other matters properly relating thereto.
Existing law provides methods of selecting certain persons for various boards related to health care. (NRS 630.060, 630A.110, 631.130, 632.030, 633.191, 634.020, 634A.040, 635.020, 636.035, 637.030, 637A.035, 637B.100, 639.030, 640.030, 640A.080, 640B.170, 640B.180, 640C.150, 641.040, 641A.100, 641B.100 and 641C.150) Section 1 of this bill establishes new requirements related to selecting such persons if they are members of the profession being regulated by a board. Specifically, each applicable professional association is required to provide a list of nominees to the Governor for vacant positions on such boards. The Governor may, but is not required to, appoint a person from the list.
Existing law provides certain special types of licenses that the Board of Medical Examiners may issue. (NRS 630.258-630.265) Section 3 of this bill provides a new type of license for a foreign expert physician.
Existing law provides for certain persons to receive a license by endorsement to practice medicine. (NRS 630.1605) Section 7 of this bill revises the requirements for such a license.
Existing law provides that each holder of a license to practice medicine or osteopathic medicine is required to report annually certain information concerning surgeries. (NRS 630.30665, 633.524) Sections 7.5 and 54 of this act require a separate report of certain sentinel events and provide for an administrative penalty to be imposed if the holder of the license fails to file the report or knowingly files false information in a report.
Existing law provides certain requirements and the procedures for creating requirements for schools and courses of professional nursing. (NRS 632.430-632.470) Section 11 of this bill provides for the various requirements for nursing instructors in clinical practice.
Existing law provides certain types of special licenses that the State Board of Osteopathic Medicine may issue. (NRS 633.401-633.411) Section 24 of this bill provides a new type of license for a foreign expert osteopathic physician. Section 25 of this bill provides a new type of license by endorsement to practice osteopathic medicine.
Existing law provides for the certification of osteopathic physician’s assistants by the State Board of Osteopathic Medicine. (NRS 633.101, 633.431, 633.441, 633.451) Section 37 of this bill changes the title of “osteopathic physician’s assistant” to “physician assistant.” Sections 29 and 30 of this bill provide for the licensure, rather than certification, of such physician assistants. Sections 16, 17, 22, 36, 37, 39, 40, 43, 49, 53, 55, 58, 69, 71 and 84-118 of this bill amend various statutes in accordance with these changes.
Existing law provides requirements for the licensing of dispensing opticians. (NRS 637.090-637.140) Section 64 of this bill provides a new type of license for a person with an out-of-state license as a dispensing optician.
Existing law provides for the creation of the State Board of Physical Therapy Examiners. (NRS 640.030) Section 74 of this bill provides for the election of officers for that Board.
Section 119 of this bill repeals certain statutes, including, without limitation, NRS 632.450 which requires that the minimum length for a course of instruction in nursing is 2 years.
1. If the Governor must appoint to a board a person who is a member of a profession being regulated by that board, the Governor shall solicit nominees from one or more applicable professional associations in this State.
2. To the extent practicable, such an applicable professional association shall provide nominees who represent the geographic diversity of this State.
3. The Governor may appoint any qualified person to a board, without regard to whether the person is nominated pursuant to this section.
4. As used in this section, “board” refers to a board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 640B, 640C, 641, 641A, 641B or 641C.
Sec. 2. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, [and] 4 and 5 of this act.
Sec. 3. 1. Except as otherwise provided in NRS 630.161, the Board may issue a restricted license to a person who:
(a) Is a graduate of a foreign medical school;
(b) Teaches, researches or practices medicine outside the United States;
(c) Is a recognized medical expert; and
(d) Intends to teach, research or practice clinical medicine at a medical research facility or medical school in this State.
2. A person who applies for a restricted license is not required to take or pass a written examination concerning his qualifications to practice medicine, but the person must satisfy the requirements for a restricted license set forth in regulations adopted by the Board.
3. A person who holds a restricted license issued pursuant to this section may practice medicine in this State only in accordance with the terms and restrictions established by the Board.
4. If a person who holds a restricted license issued pursuant to this section ceases to teach, research or practice clinical medicine in this State at the medical research facility or medical school where he is employed:
(a) The medical research facility or medical school, as applicable, shall notify the Board; and
(b) Upon receipt of such notification, the restricted license expires automatically.
5. The Board may renew or modify a restricted license issued pursuant to this section, unless the restricted license has expired automatically or has been revoked.
6. The provisions of this section do not limit the authority of the Board to issue a restricted license to an applicant in accordance with any other provision of this chapter.
Sec. 5. 1. A private nonprofit medical school or a nonprofit medical research institution may, notwithstanding any provision of law to the contrary:
(a) Operate as a corporation or other business organization or association with ownership or control shared by persons licensed pursuant to this chapter and persons not licensed pursuant to this chapter;
(b) Operate a clinic in conjunction with the school or institution which is staffed by physicians or osteopathic physicians who are employed by the school or the institution and who are:
(1) Licensed pursuant to this chapter or chapter 633 of NRS, respectively; and
(2) Members of the faculty of the school or institution; and
(c) Retain all or a portion of the money generated by a clinic described in paragraph (b), including, without limitation, any professional income generated by a physician or osteopathic physician staffing the clinic.
2. As used in this section, “private nonprofit medical school” means a private nonprofit medical school that is licensed by the Commission on Postsecondary Education and approved by the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges.
630.130 1. In addition to the other powers and duties provided in this chapter, the Board shall, in the interest of the public, judiciously:
(a) Enforce the provisions of this chapter;
(b) Establish by regulation standards for licensure under this chapter;
(c) Conduct examinations for licensure and establish a system of scoring for those examinations;
(d) Investigate the character of each applicant for a license and issue licenses to those applicants who meet the qualifications set by this chapter and the Board; and
(e) Institute a proceeding in any court to enforce its orders or the provisions of this chapter.
2. On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:
(a) Disciplinary action taken by the Board during the previous biennium against physicians for malpractice or negligence; [and]
(b) Information reported to the Board during the previous biennium pursuant to NRS [630.30665,] 630.3067, 630.3068, subsections 2 and 3 of NRS 630.307 and NRS 690B.250 and 690B.260 [.] ; and
(c) Information reported to the Board during the previous biennium pursuant to NRS 630.30665, including, without limitation, the number and types of surgeries performed by each holder of a license to practice medicine and the occurrence of sentinel events arising from such surgeries, if any.
Ê The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.
3. The Board may adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter.
630.160 1. Every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing him to practice.
2. Except as otherwise provided in NRS 630.1605, 630.161 and 630.258 to 630.265, inclusive, and section 3 of this act, a license may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(b) Has received the degree of doctor of medicine from a medical school:
(1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or
(2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;
(c) Is currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain such certification for the duration of his licensure, or has passed:
(1) All parts of the examination given by the National Board of Medical Examiners;
(2) All parts of the Federation Licensing Examination;
(3) All parts of the United States Medical Licensing Examination;
(4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;
(5) All parts of the examination to become a licentiate of the Medical Council of Canada; or
(6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determines to be sufficient;
(d) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of his licensure, or:
(1) Has completed 36 months of progressive postgraduate:
(I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association; or
(II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education; or
(2) Has completed at least 36 months of postgraduate education, not less than 24 months of such postgraduate education must be as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; and
(e) Passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicant’s clinical training met the requirements of paragraph (b).
630.1605 1. Except as otherwise provided in NRS 630.161, the Board [may] shall, except for good cause, issue a license by endorsement to practice medicine to an applicant who has been issued a license to practice medicine by the District of Columbia or any state or territory of the United States if:
[1.] (a) At the time the applicant files his application with the Board, the license is in effect [;
2. The applicant:
(a) Submits to the Board proof of passage of an examination approved by the Board;
(b) Submits to the Board any documentation and other proof of qualifications required by the Board;
(c) Meets all of the statutory requirements for licensure to practice medicine in effect at the time of application except for the requirements set forth in NRS 630.160; and
(d) Completes any additional requirements relating to the fitness of the applicant to practice required by the Board; and
3. Any documentation and other proof of qualifications required by the Board is authenticated in a manner approved by the Board.] and unrestricted; and
(b) The applicant:
(1) Is currently certified by a specialty board of the American Board of Medical Specialties and was certified or recertified within the past 10 years;
(2) Has had no adverse actions reported to the National Practitioner Data Bank within the past 10 years;
(3) Has been continuously and actively engaged in the practice of medicine within his specialty for the past 5 years;
(4) Is not involved in and does not have pending any disciplinary action concerning his license to practice medicine in the District of Columbia or any state or territory of the United States;
(5) Provides information on all the medical malpractice claims brought against him, without regard to when the claims were filed or how the claims were resolved; and
(6) Meets all statutory requirements to obtain a license to practice medicine in this State except that the applicant is not required to meet the requirements set forth in NRS 630.160.
2. A license by endorsement may be issued at a meeting of the Board or between its meetings by its President and Executive Director. Such an action shall be deemed to be an action of the Board.
Sec. 7.5. NRS 630.30665 is hereby amended to read as follows:
630.30665 1. The Board shall require each holder of a license to practice medicine to submit annually to the Board, on a form provided by the Board [, and in the format required by the Board by regulation,] a report [:
(a) Stating] stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his office or any other facility, excluding any surgical care performed:
[(1)] (a) At a medical facility as that term is defined in NRS 449.0151; or
[(2)] (b) Outside of this State . [; and
(b) Reporting]
2. In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice medicine to submit a report annually to the Board concerning the occurrence of any sentinel event arising from any [such] surgery [.] described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the Administrator of the Health Division of the Department of Health and Human Services for reporting information pursuant to NRS 439.835.
[2.] 3. Each holder of a license to practice medicine shall submit the report required pursuant to subsections 1 and 2 whether or not he performed any surgery described in subsection 1. Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action [.] pursuant to subsection 8 of NRS 630.306.
[3.] 4. The Board shall:
(a) Collect and maintain reports received pursuant to subsection 1; and
(b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access.
[4.] 5. A report received pursuant to subsection 1 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.
[5.] 6. The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.
sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.
[6.] 7. In addition to any other remedy or penalty, if a holder of a license to practice medicine fails to submit a report or knowingly files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice medicine with notice and opportunity for a hearing, impose against the holder of a license to practice medicine an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license pursuant to this subsection. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.
(a) “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.
(b) “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.
(c) “General anesthesia” means a controlled state of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by partial or complete loss of protective reflexes and the inability independently to maintain an airway and respond purposefully to physical stimulation or verbal commands.
(d) “Sentinel event” means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function.
Secs. 8 and 9. (Deleted by amendment.)
Sec. 11. 1. An accredited or approved school of nursing, practical nursing or professional nursing may hire as an instructor for clinical practice a person who holds a bachelor’s degree in nursing and has at least 5 years of nursing experience in patient care.
2. As used in this section, “instructor for clinical practice” means a registered nurse whose primary role is educating prelicensure nursing students in a skills laboratory or practice site.
Sec. 15. NRS 632.0126 is hereby amended to read as follows:
632.0126 “Approved school of nursing” means a school of nursing that is approved by the Board as meeting the standards for nursing education established by the Board pursuant to NRS 632.430 to 632.470, inclusive [.] , and section 11 of this act.
632.017 “Practice of practical nursing” means the performance of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, an advanced practitioner of nursing, a licensed physician, a [licensed] physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, a licensed dentist or a licensed podiatric physician, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.
632.018 “Practice of professional nursing” means the performance of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, in the administration of medications and treatments as prescribed by an advanced practitioner of nursing, a licensed physician, a [licensed] physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, a licensed dentist or a licensed podiatric physician, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.
632.030 1. The Governor shall appoint:
(a) Three registered nurses who are graduates of an accredited school of nursing, are licensed as professional nurses in the State of Nevada and have been actively engaged in nursing for at least 5 years preceding the appointment.
(b) One practical nurse who is a graduate of an accredited school of practical nursing, is licensed as a practical nurse in this State and has been actively engaged in nursing for at least 5 years preceding the appointment.
(c) One nursing assistant who is certified pursuant to the provisions of this chapter.
(d) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.
(e) One member who is a representative of the general public. This member must not be:
(1) A licensed practical nurse, a registered nurse, a nursing assistant or an advanced practitioner of nursing; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed practical nurse, a registered nurse, a nursing assistant or an advanced practitioner of nursing.
2. Each member of the Board must be:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada who has resided in this State for not less than 2 years.
3. A representative of the general public may not:
(a) Have a fiduciary obligation to a hospital or other health agency;
(b) Have a material financial interest in the rendering of health services; or
(c) Be employed in the administration of health activities or the performance of health services.
4. The members appointed to the Board pursuant to paragraphs (a) and (b) of subsection 1 must be selected to provide the broadest representation of the various activities, responsibilities and types of service within the practice of nursing and related areas, which may include, without limitation, experience:
(a) In administration.
(b) In education.
(c) As an advanced practitioner of nursing.
(d) In an agency or clinic whose primary purpose is to provide medical assistance to persons of low and moderate incomes.
(e) In a licensed medical facility.
5. Each member of the Board shall serve a term of 4 years. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this [section] chapter to replace that member for the remainder of the unexpired term.
6. No member of the Board may serve more than two consecutive terms. For the purposes of this subsection, service of 2 or more years in filling an unexpired term constitutes a term.
632.472 1. The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:
(a) Any physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State.
(b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.
(c) A coroner.
(d) Any person who maintains or is employed by an agency to provide personal care services in the home.
(e) Any person who maintains or is employed by an agency to provide nursing in the home.
(f) Any employee of the Department of Health and Human Services.
(g) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.
(h) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(i) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
(j) Any social worker.
2. Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility.
engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.
3. A report may be filed by any other person.
4. Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.
5. As used in this section, “agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.
Sec. 24. 1. Except as otherwise provided in NRS 633.315, the Board may issue a special license to a person who:
(a) Is a graduate of a foreign school which teaches osteopathic medicine;
(b) Teaches, researches or practices osteopathic medicine outside the United States;
(c) Is a recognized expert in osteopathic medicine; and
(d) Intends to teach, research or practice clinical osteopathic medicine at a medical research facility or school of osteopathic medicine in this State.
2. A person who applies for a special license is not required to take or pass a written examination concerning his qualifications to practice osteopathic medicine, but the person must satisfy the requirements for a special license set forth in regulations adopted by the Board.
3. A person who holds a special license issued pursuant to this section may practice osteopathic medicine in this State only in accordance with the terms and restrictions established by the Board.
4. If a person who holds a special license issued pursuant to this section ceases to teach, research or practice clinical osteopathic medicine in this State at the medical research facility or school of osteopathic medicine where he is employed:
(a) The medical research facility or school of osteopathic medicine, as applicable, shall notify the Board; and
(b) Upon receipt of such notification, the special license expires automatically.
5. The Board may renew or modify a special license issued pursuant to this section, unless the special license has expired automatically or has been revoked.
6. The provisions of this section do not limit the authority of the Board to issue a special license to an applicant in accordance with any other provision of this chapter.
Sec. 25. 1. Except as otherwise provided in NRS 633.315, the Board shall, except for good cause, issue a license by endorsement to a person who has been issued a license to practice osteopathic medicine by the District of Columbia or any state or territory of the United States if:
(a) At the time the person files his application with the Board, the license is in effect and unrestricted; and
(1) Is currently certified by either a specialty board of the American Board of Medical Specialties or a specialty board of the American Osteopathic Association, and was certified or recertified within the past 10 years;
(2) Has had no adverse actions reported to the National Practitioner Data Bank within the past 5 years;
(3) Has been continuously and actively engaged in the practice of osteopathic medicine within his specialty for the past 5 years;
(4) Is not involved in and does not have pending any disciplinary action concerning his license to practice osteopathic medicine in the District of Columbia or any state or territory of the United States;
(6) Meets all statutory requirements to obtain a license to practice osteopathic medicine in this State except that the applicant is not required to meet the requirements set forth in NRS 633.311.
2. Any person applying for a license pursuant to this section shall pay in advance to the Board the application and initial license fee specified in this chapter.
3. A license by endorsement may be issued at a meeting of the Board or between its meetings by its President and Executive Director. Such action shall be deemed to be an action of the Board.
Sec. 27. A private nonprofit school of osteopathic medicine that is licensed by the Commission on Postsecondary Education and approved by the American Osteopathic Association’s Commission on College Accreditation may, notwithstanding any provision of law to the contrary:
1. Operate as a corporation or other business organization or association with ownership or control shared by persons licensed pursuant to this chapter and persons not licensed pursuant to this chapter;
2. Operate a clinic in conjunction with the school which is staffed by osteopathic physicians or physicians who are:
(a) Licensed pursuant to this chapter or chapter 630 of NRS, respectively; and
(b) Members of the faculty of the school; and
3. Retain all or a portion of the money generated by a clinic described in subsection 2, including, without limitation, any professional income generated by an osteopathic physician or physician staffing the clinic.
Sec. 28. 1. A physician assistant may perform such medical services as:
(a) He is authorized to perform by his supervising osteopathic physician; and
(b) Are within his supervising osteopathic physician’s scope of practice.
2. The Board and supervising osteopathic physician shall limit the authority of a physician assistant to prescribe controlled substances to those schedules of controlled substances that the supervising osteopathic physician is authorized to prescribe pursuant to state and federal law.
Sec. 29. The Board may issue a license as a physician assistant to an applicant who is qualified under the regulations of the Board to perform medical services under the supervision of a supervising osteopathic physician.
medical services under the supervision of a supervising osteopathic physician. The application for a license as a physician assistant must include all information required to complete the application.
Sec. 30. The Board shall adopt regulations regarding the licensure of a physician assistant, including, without limitation:
1. The educational and other qualifications of applicants.
2. The required academic program for applicants.
3. The procedures for applications for and the issuance of licenses.
4. The tests or examinations of applicants by the Board.
5. The medical services which a physician assistant may perform, except that he may not perform osteopathic manipulative therapy or those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, doctors of Oriental medicine, podiatric physicians, optometrists and hearing aid specialists under chapters 631, 634, 634A, 635, 636 and 637A, respectively, of NRS.
6. The duration, renewal and termination of licenses.
7. The grounds and procedures respecting disciplinary actions against physician assistants.
8. The supervision of medical services of a physician assistant by a supervising osteopathic physician.
Sec. 31. 1. A physician assistant shall:
(a) Keep his license available for inspection at his primary place of business; and
(b) When engaged in his professional duties, identify himself as a physician assistant.
2. A physician assistant shall not bill a patient separately from his supervising osteopathic physician.
Sec. 32. 1. An osteopathic physician may at any time refuse to act as a supervising osteopathic physician for a physician assistant.
2. A condition, stipulation or provision in a contract or other agreement which:
(a) Requires an osteopathic physician to act as a supervising osteopathic physician for a physician assistant;
(b) Penalizes an osteopathic physician for refusing to act as a supervising osteopathic physician for a physician assistant; or
(c) Limits a supervising osteopathic physician’s authority with regard to any protocol, standing order or delegation of authority applicable to a physician assistant supervised by the osteopathic physician,
Ê is against public policy and is void.
Sec. 33. An osteopathic physician who does not normally provide care to patients may not be a supervising osteopathic physician.
Sec. 34. 1. A supervising osteopathic physician shall provide supervision to his physician assistant continuously whenever the physician assistant is performing his professional duties.
2. Except as otherwise provided in subsection 3, a supervising osteopathic physician may provide supervision to his physician assistant in person or by telecommunication. When providing supervision by telecommunication, a supervising osteopathic physician may be at a different site than the physician assistant.
3. A supervising osteopathic physician shall provide supervision to his physician assistant in person at all times during the first 30 days that the supervising osteopathic physician supervises the physician assistant. After the first 30 days, the supervising osteopathic physician shall not regularly maintain the physician assistant at a different site than the supervising osteopathic physician.
the first 30 days, the supervising osteopathic physician shall not regularly maintain the physician assistant at a different site than the supervising osteopathic physician. The provisions of this subsection do not apply to a federally qualified health center.
4. Before beginning to supervise a physician assistant, a supervising osteopathic physician must communicate to the physician assistant:
(a) The scope of practice of the physician assistant;
(b) The access to the supervising osteopathic physician that the physician assistant will have; and
(c) Any processes for evaluation that the supervising osteopathic physician will use to evaluate the physician assistant.
5. A supervising osteopathic physician shall not delegate to his physician assistant, and his physician assistant shall not accept, a task that is beyond the physician assistant’s capability to complete safely.
6. As used in this section, “federally qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).
Sec. 35. 1. A physician assistant licensed under the provisions of this chapter who is responding to a need for medical care created by an emergency or disaster, as declared by an applicable governmental entity, may render emergency care that is directly related to the emergency or disaster without the supervision of an osteopathic physician, as required by this chapter. The provisions of this subsection apply only for the duration of the emergency or disaster.
2. An osteopathic physician who supervises a physician assistant who is rendering emergency care that is directly related to an emergency or disaster, as described in subsection 1, shall not be required to meet the requirements set forth in this chapter for such supervision.
633.031 [“Employing] “Supervising osteopathic physician” means an osteopathic physician who is licensed in this State [who employs] , is in good standing with the Board and supervises [an osteopathic physician’s] a physician assistant with Board approval.
633.101 “Physician assistant” means a person who is a graduate of an academic program approved by the Board or who, by general education, practical training and experience determined to be satisfactory by the Board, is qualified to perform medical services under the supervision of a supervising osteopathic physician and who has been issued a license by the Board.
633.131 1. “Unprofessional conduct” includes:
(a) Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice osteopathic medicine or in applying for renewal of a license to practice osteopathic medicine.
(b) Failure of a licensee of the practice of osteopathic medicine to designate his school of practice in the professional use of his name by the term D.O., osteopathic physician, doctor of osteopathy or a similar term.
(c) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with an osteopathic physician in his professional capacity or for any professional services not actually and personally rendered, except as otherwise provided in subsection 2.
capacity or for any professional services not actually and personally rendered, except as otherwise provided in subsection 2.
(d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of osteopathic medicine, or the aiding or abetting of any unlicensed person to practice osteopathic medicine.
(e) Advertising the practice of osteopathic medicine in a manner which does not conform to the guidelines established by regulations of the Board.
(f) Engaging in any:
(1) Professional conduct which is intended to deceive or which the Board by regulation has determined is unethical; or
(2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.
(g) Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law.
(h) Habitual drunkenness or habitual addiction to the use of a controlled substance.
(i) Performing, assisting in or advising an unlawful abortion or the injection of any liquid silicone substance into the human body.
(j) Willful disclosure of a communication privileged pursuant to a statute or court order.
(k) Willful disobedience of the regulations of the State Board of Health, the State Board of Pharmacy or the State Board of Osteopathic Medicine.
(l) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.
(m) Failure of a licensee to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.
(n) Making alterations to the medical records of a patient that the licensee knows to be false.
(o) Making or filing a report which the licensee knows to be false.
(p) Failure of a licensee to file a record or report as required by law, or willfully obstructing or inducing any person to obstruct such filing.
(q) Failure of a licensee to make medical records of a patient available for inspection and copying as provided by NRS 629.061.
2. It is not unprofessional conduct:
(a) For persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to practice osteopathic medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association;
(b) For two or more persons holding valid licenses to practice osteopathic medicine issued pursuant to this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each; or
(c) For a person licensed to practice osteopathic medicine pursuant to the provisions of this chapter to form an association or other business relationship with an optometrist pursuant to the provisions of NRS 636.373.
633.151 The purpose of licensing osteopathic physicians and [osteopathic physicians’] physician assistants is to protect the public health and safety and the general welfare of the people of this State. Any license issued pursuant to this chapter is a revocable privilege and a holder of such a license does not acquire thereby any vested right.
633.286 1. On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:
(a) Disciplinary action taken by the Board during the previous biennium against osteopathic physicians for malpractice or negligence; [and]
(b) Information reported to the Board during the previous biennium pursuant to NRS [633.524,] 633.526, 633.527, subsections 2 and 3 of NRS 633.533 and NRS 690B.250 and 690B.260 [.] ; and
(c) Information reported to the Board during the previous biennium pursuant to NRS 633.524, including, without limitation, the number and types of surgeries performed by each holder of a license to practice osteopathic medicine and the occurrence of sentinel events arising from such surgeries, if any.
2. The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.
633.301 1. The Board shall keep a record of its proceedings relating to licensing and disciplinary actions. Except as otherwise provided in this section, the record must be open to public inspection at all reasonable times and contain the name, known place of business and residence, and the date and number of the license of every osteopathic physician and every physician assistant licensed under this chapter.
2. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.
3. The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.
4. The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.
633.321 1. Every applicant for a license shall:
(a) File an application with the Board in the manner prescribed by regulations of the Board;
(b) Submit verified proof satisfactory to the Board that he meets [the] any age, citizenship and educational requirements prescribed by this chapter; and
(c) Pay in advance to the Board the application and initial license fee specified in this chapter.
2. An application filed with the Board pursuant to subsection 1 must include all information required to complete the application.
3. The Board may hold hearings and conduct investigations into any matter related to the application and, in addition to the proofs required by subsection 1, may take such further evidence and require such other documents or proof of qualifications as it deems proper.
4. The Board may reject an application if it appears that any credential submitted is false.
633.322 In addition to the other requirements for licensure [,] to practice osteopathic medicine, an applicant shall cause to be submitted to the Board a certificate of completion of progressive postgraduate training from the residency program where the applicant received training.
633.328 In addition to any other requirements set forth in this chapter, each applicant for a license , [to practice osteopathic medicine,] except a temporary or special license, [or each osteopathic physician’s assistant for whom an application to employ an osteopathic physician’s assistant is submitted to the Board] must submit to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
633.371 Every license to practice osteopathic medicine must be displayed in the office or place of business or employment of its holder.
633.391 1. The Board may issue a temporary license to practice osteopathic medicine in order to authorize a person who is qualified to practice osteopathic medicine in this State to serve as a substitute for [an] :
(a) A physician licensed pursuant to chapter 630 of NRS; or
(b) An osteopathic physician licensed pursuant to chapter 633 of NRS,
Ê who is absent from his practice.
2. Each applicant for such a license shall pay the temporary license fee specified in this chapter.
3. A temporary license to practice osteopathic medicine is valid for not more than 6 months after issuance and is not renewable.
633.401 1. Except as otherwise provided in NRS 633.315, the Board may issue a special license [:] to practice osteopathic medicine:
(a) To authorize a person who is licensed to practice osteopathic medicine in an adjoining state to come into Nevada to care for or assist in the treatment of his patients in association with an osteopathic physician in this State who has primary care of the patients.
(b) To a resident while he is enrolled in a postgraduate training program required pursuant to the provisions of paragraph (c) of subsection 4 of NRS 633.311.
(c) For a specified period and for specified purposes to a person who is licensed to practice osteopathic medicine in another jurisdiction.
2. A special license issued under this section may be renewed by the Board upon application of the licensee.
3. Every person who applies for or renews a special license under this section shall pay respectively the special license fee or special license renewal fee specified in this chapter.
633.411 1. Except as otherwise provided in NRS 633.315, the Board may issue a special license to practice osteopathic medicine to a person qualified under this section to authorize him to serve:
(a) As a resident medical officer in any hospital in Nevada. A person issued such a license shall practice osteopathic medicine only within the confines of the hospital specified in the license and under the supervision of the regular medical staff of that hospital.
(b) As a professional employee of the State of Nevada or of the United States. A person issued such a license shall practice osteopathic medicine only within the scope of his employment and under the supervision of the appropriate state or federal medical agency.
2. An applicant for a special license under this section must:
(a) Be a graduate of a school of osteopathic medicine and have completed a hospital internship.
(b) Pay the special license fee specified in this chapter.
3. The Board shall not issue a license under subsection 1 unless it has received a letter from a hospital in Nevada or from the appropriate state or federal medical agency requesting issuance of the special license to the applicant.
4. A special license issued under this section:
(a) Must be issued at a meeting of the Board or between its meetings by its President and Secretary subject to approval at the next meeting of the Board.
(b) Is valid for a period not exceeding 1 year, as determined by the Board.
(c) May be renewed by the Board upon application and payment by the licensee of the special license renewal fee specified in this chapter.
(d) Does not entitle the licensee to engage in the private practice of osteopathic medicine.
5. The issuance of a special license under this section does not obligate the Board to grant any regular license to practice osteopathic medicine.
633.421 Each license to practice osteopathic medicine issued by the Board:
1. Shall bear a seal adopted by the Board and the signatures of its President and Secretary; and
2. Authorizes the holder to practice osteopathic medicine so long as it is kept in force by appropriate renewal and is not revoked or suspended.
633.466 1. [An osteopathic physician’s] A physician assistant may [, under his certificate,] be supervised by a physician licensed to practice medicine in this State pursuant to chapter 630 of NRS in place of his [employing] supervising osteopathic physician if:
medicine in this State pursuant to chapter 630 of NRS in place of his [employing] supervising osteopathic physician if:
(a) The [osteopathic physician’s] physician assistant works in a geographical area where he can be conveniently supervised only by such a physician; and
(b) The [osteopathic physician’s assistant remains in the employ of his employing osteopathic physician;
(c) The employing] supervising osteopathic physician and the physician licensed pursuant to chapter 630 of NRS agree to the arrangement . [; and]
[(d) The Board of Osteopathic Medicine and the Board of Medical Examiners approve it.]
2. [For the purposes of chapter 630 of NRS, an osteopathic physician’s] A physician assistant so supervised is not a [physician’s] physician assistant for the purposes of chapter 630 of NRS solely because of that supervision . [and continues to practice osteopathic medicine.]
3. The State Board of Osteopathic Medicine shall adopt jointly with the Board of Medical Examiners regulations necessary to administer the provisions of this section.
633.471 1. Except as otherwise provided in subsection 4 and [in] NRS 633.491, every holder of a license to practice osteopathic medicine issued under this chapter, except a temporary or a special license, may renew his license on or before January 1 of each calendar year after its issuance by:
(a) Applying for renewal on forms provided by the Board;
(b) Paying the annual license renewal fee specified in this chapter;
(c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him during the previous year;
(d) Submitting an affidavit to the Board that in the year preceding the application for renewal he has attended courses or programs of continuing education approved by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and
(e) Submitting all information required to complete the renewal.
2. The Secretary of the Board shall notify each licensee of the practice of osteopathic medicine of the requirements for renewal not less than 30 days before the date of renewal.
3. The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license [.] to practice osteopathic medicine. Upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal he attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.
4. Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.
633.481 1. Except as otherwise provided in subsection 2, if a licensee of the practice of osteopathic medicine fails to comply with the requirements of NRS 633.471 within 30 days after the renewal date, the Board shall give 30 days’ notice of failure to renew and of revocation of the license by certified mail to the licensee at his last address registered with the Board. If the license is not renewed before the expiration of the 30 days’ notice, the license is automatically revoked without any further notice or a hearing and the Board shall file a copy of the notice with the Drug Enforcement Administration of the United States Department of Justice or its successor agency.
2. A licensee of the practice of osteopathic medicine who fails to meet the continuing education requirements for license renewal may apply to the Board for a waiver of the requirements. The Board may grant a waiver for that year only if it finds that the failure is due to the licensee’s disability, military service or absence from the United States, or to circumstances beyond the control of the licensee which are deemed by the Board to excuse the failure.
3. A person whose license is revoked under this section may apply to the Board for restoration of his license upon:
(a) Payment of all past due renewal fees and the late payment fee specified in this chapter;
(b) Producing verified evidence satisfactory to the Board of completion of the total number of hours of continuing education required for the year preceding the renewal date and for each year succeeding the date of revocation;
(c) Stating under oath in writing that he has not withheld information from the Board which if disclosed would furnish grounds for disciplinary action under this chapter; and
(d) Submitting all information required to complete the restoration of his license.
633.491 1. A licensee of the practice of osteopathic medicine who retires from [the practice of osteopathic medicine] such practice need not annually renew his license after he files with the Board an affidavit stating the date on which he retired from practice and such other facts to verify his retirement as the Board deems necessary.
2. A retired licensee of the practice of osteopathic medicine who desires to return to practice may apply to renew his license by paying all back annual license renewal fees from the date of retirement and submitting verified evidence satisfactory to the Board that he has attended continuing education courses or programs approved by the Board which total:
(a) Twenty-five hours if he has been retired 1 year or less.
(b) Fifty hours within 12 months of the date of the application if he has been retired for more than 1 year.
3. A licensee of the practice of osteopathic medicine who wishes to have his license placed on inactive status must provide the Board with an affidavit stating the date on which he will cease the practice of osteopathic medicine in Nevada and any other facts that the Board may require. The Board shall place the license of the licensee on inactive status upon receipt of:
(a) The affidavit required pursuant to this subsection; and
(b) Payment of the inactive license fee prescribed by NRS 633.501.
4. A licensee of the practice of osteopathic medicine whose license has been placed on inactive status:
(a) Need not annually renew his license.
(b) Shall annually pay the inactive license fee prescribed by NRS 633.501.
(c) Shall not engage in the practice of osteopathic medicine in this State.
5. A licensee of the practice of osteopathic medicine whose license is on inactive status and who wishes to renew his license to practice osteopathic medicine must:
(a) Provide to the Board verified evidence satisfactory to the Board of completion of the total number of hours of continuing medical education required for:
(1) The year preceding the date of the application for renewal of the license to practice osteopathic medicine; and
(2) Each year succeeding the date the license was placed on inactive status.
(b) Provide to the Board an affidavit stating that the applicant has not withheld from the Board any information which would provide grounds for disciplinary action pursuant to this chapter.
(c) Comply with all other requirements for renewal.
633.501 The Board shall charge and collect fees not to exceed the following amounts:
1. Application and initial license fee for an osteopathic physician................................................ $800
2. Annual license renewal fee for an osteopathic physician.............................................................. 500
3. Temporary license fee........................................................................................................................... 500
4. Special license fee.................................................................................................................................. 200
5. Special license renewal fee................................................................................................................... 200
6. Reexamination fee................................................................................................................................ 200
7. Late payment fee.................................................................................................................................. 300
8. [For a certificate as an osteopathic physician’s] Application and initial license fee for a physician assistant.................................................................................................................................... [500] 400
9. [Renewal of a certificate as an osteopathic physician’s] Annual license renewal fee for a physician assistant.................................................................................................................................... [300] 400
10. [For an application to employ an osteopathic physician’s assistant......................................... 500
11.] Inactive license fee............................................................................................................................ 200
633.524 1. The Board shall require each holder of a license to practice osteopathic medicine issued pursuant to this chapter to submit annually to the Board, on a form provided by the Board, and in the format required by the Board by regulation, a report [:
2. In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice osteopathic medicine to submit a report annually to the Board concerning the occurrence of any sentinel event arising from any [such] surgery [.
2.] described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the Administrator of the Health Division of the Department of Health and Human Services for reporting information pursuant to NRS 439.835.
3. Each holder of a license to practice osteopathic medicine shall submit the report required pursuant to subsections 1 and 2 whether or not he performed any surgery described in subsection 1. Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action [.] pursuant to NRS 633.511.
[6.] 7. In addition to any other remedy or penalty, if a holder of a license to practice osteopathic medicine fails to submit a report or knowingly files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice osteopathic medicine with notice and opportunity for a hearing, impose against the holder of a license an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license to practice osteopathic medicine. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.
633.533 1. Any person, medical school or medical facility that becomes aware that a person practicing osteopathic medicine in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.
2. Any hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board any change in an osteopathic physician’s privileges to practice osteopathic medicine while the osteopathic physician is under investigation and the outcome of any disciplinary action taken by that facility or society against the osteopathic physician concerning the care of a patient or the competency of the osteopathic physician within 30 days after the change in privileges is made or disciplinary action is taken. The Board shall report any failure to comply with this subsection by a hospital, clinic or other medical facility licensed in this State to the Health Division of the Department of Health and Human Services. If, after a hearing, the Health Division determines that any such facility or society failed to comply with the requirements of this subsection, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.
3. The clerk of every court shall report to the Board any finding, judgment or other determination of the court that an osteopathic physician or [osteopathic physician’s] physician assistant:
(a) Is mentally ill;
(b) Is mentally incompetent;
(c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;
(d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or
(e) Is liable for damages for malpractice or negligence,
Ê within 45 days after such a finding, judgment or determination is made.
4. On or before January 15 of each year, the clerk of every court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding osteopathic physicians pursuant to paragraph (e) of subsection 3.
633.711 1. The Board through its President or Secretary or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing osteopathic medicine without a license to practice osteopathic medicine valid under this chapter.
for an injunction against any person practicing osteopathic medicine without a license to practice osteopathic medicine valid under this chapter.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
(b) Shall not relieve such person from criminal prosecution for practicing without such a license.
633.721 In a criminal complaint charging any person with practicing osteopathic medicine without a license [,] to practice osteopathic medicine, it is sufficient to charge that he did, upon a certain day, and in a certain county of this State, engage in the practice of osteopathic medicine without having a valid license to do so, without averring any further or more particular facts concerning the violation.
633.741 A person who:
1. Except as otherwise provided in NRS 629.091, practices osteopathic medicine:
(a) Without a license to practice osteopathic medicine valid under this chapter; or
(b) Beyond the limitations ordered upon his practice by the Board or the court;
2. Presents as his own the diploma, license or credentials of another;
3. Gives either false or forged evidence of any kind to the Board or any of its members in connection with an application for a license ; [or an application to employ an osteopathic physician’s assistant;]
4. Files for record the license issued to another, falsely claiming himself to be the person named in the license, or falsely claiming himself to be the person entitled to the license;
5. Practices osteopathic medicine under a false or assumed name or falsely personates another licensee of a like or different name;
6. Holds himself out as [an osteopathic physician’s] a physician assistant or who uses any other term indicating or implying that he is [an osteopathic physician’s] a physician assistant, unless he has been [approved] licensed by the Board [,] as provided in this chapter; or
7. [Employs] Supervises a person as [an osteopathic physician’s] a physician assistant before such [employment is approved] person is licensed as provided in this chapter,
Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 63. Chapter 637 of NRS is hereby amended by adding thereto the provisions set forth as sections 64 and 65 of this act.
Sec. 64. 1. The Board shall issue a special license as a dispensing optician to an applicant who:
(a) Is at least 18 years of age;
(b) Is of good moral character;
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(d) Is a graduate of an accredited high school or its equivalent;
(e) Has passed the National Opticianry Competency Examination of the American Board of Opticianry;
(f) Is currently certified by the American Board of Opticianry;
(g) Has passed the Contact Lens Registry Examination of the National Contact Lens Examiners;
(h) Is currently certified by the National Contact Lens Examiners;
(i) Has passed an examination, if one exists, which is based solely on the provisions of this chapter and chapter 637 of NAC and is administered by the Board; and
(j) Has either:
(1) An active license as a dispensing optician issued by the District of Columbia or any state or territory of the United States; or
(2) Not less than 5 years of experience as a dispensing optician.
2. A person practicing ophthalmic dispensing pursuant to a special license as provided in this section is subject to the provisions of this chapter in the same manner as a person practicing ophthalmic dispensing pursuant to a license issued pursuant to NRS 637.120, including, without limitation, the provisions of this chapter governing the renewal, inactivity or reactivation of a license.
639.0125 “Practitioner” means:
1. A physician, dentist, veterinarian or podiatric physician who holds a license to practice his profession in this State;
2. A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this State;
3. An advanced practitioner of nursing who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices;
4. A physician assistant who:
(a) Holds a license issued by the Board of Medical Examiners; and
(b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS;
5. [An osteopathic physician’s] A physician assistant who:
(a) Holds a [certificate] license issued by the State Board of Osteopathic Medicine; and
(b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS; or
6. An optometrist who is certified by the Nevada State Board of Optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.
(a) Six members who are registered pharmacists in the State of Nevada, are actively engaged in the practice of pharmacy in the State of Nevada and have had at least 5 years’ experience as registered pharmacists preceding the appointment.
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Lost Landmarks & Vanished Sites
Blackfoot Legends – First Medicine Lodge
By George Bird Grinnell, 1913
Blackfoot Dance
The chief god of the Blackfoot is the Sun. He made the world and rules it, and to him, the people pray. One of his names is Napi—old man; but there is another Napi who is very different from the Sun, and instead of being great, wise, and wonderful, is foolish, mean, and contemptible. We shall hear about him further on.
Every year in summer, about the time the berries ripen, the Blackfoot used to hold the great festival and sacrifice which we call the ceremony of the Medicine Lodge. This was a time of happy meetings, of feasting, of giving presents; but besides this rejoicing, those men who wished to have good-luck in whatever they might undertake tried to prove their prayers sincere by sacrificing their bodies, torturing themselves in ways that caused great suffering. In ancient times, as we are told in books of history, things like that used to happen among many peoples all over the world.
Soon after, the Raven Bearers held a dance. They all painted themselves nicely and wore their finest ornaments and each one tried to dance the best. Afterward, some of them asked for this girl, but she said, “No.” After that the Bulls, the Kit-Foxes, and others of the All Comrades held their dances, and many men who were rich and some great warriors asked this man for his daughter, but to everyone, she said, “No.”
Then her father was angry, and he said, “Why is this? All the best men have asked for you, and still, you say ‘No.'” Then the girl said, “Father, listen to me. That Above Person, the Sun, said to me,
‘Do not marry any of these men, for you belong to me. Listen to what I say, and you shall be happy and live to a great age.’ And again he said to me, ‘Take heed, you must not marry; you are mine.'”
“Ah!” replied her father; “it must always be as he says”; and they spoke no more about it.
There was a poor young man. He was very poor. His father, his mother, and all his relations were dead. He had no lodge, no wife to tan his robes or make his moccasins. His clothes were always old and worn. He had no home. Today he stopped in one lodge; then to-morrow he ate and slept in another. Thus he lived. He had a good face, but on his cheek was a bad scar.
After they had held those dances, some of the young men met this poor Scarface, and they laughed at him and said, “Why do not you ask that girl to marry you? You are so rich and handsome.” Scarface did not laugh. He looked at them and said, “I will do as you say; I will go and ask her.”
All the young men thought this was funny; they laughed a good deal at Scarface as he was walking away.
Scarface went down by the river and waited there, near the place where the women went to get water. By and by the girl came there. Scarface spoke to her, and said, “Girl, stop; I want to speak with you. I do not wish to do anything secretly, but I speak to you here openly, where the Sun looks down and all may see.”
“Speak, then,” said the girl.
“I have seen the days,” said Scarface. “I have seen how you have refused all those men, who are young and rich and brave. Today some of these young men laughed and said to me, ‘Why do not you ask her?’ I am poor. I have no lodge, no food, no clothes, no robes. I have no relations. All of them have died. Yet now to-day I say to you, take pity. Be my wife.”
The girl hid her face in her robe and brushed the ground with the point of her moccasin, back and forth, back and forth, for she was thinking.
After a time she spoke and said, “It is true I have refused all those rich young men; yet now a poor one asks me, and I am glad. I will be your wife, and my people will be glad. You are poor, but that does not matter. My father will give you dogs; my mother will make us a lodge; my relations will give us robes and furs; you will no longer be poor.”
Then the young man was glad, and he started forward to kiss her, but she put out her hand and held him back, and said, “Wait; the Sun has spoken to me. He said I may not marry; that I belong to him; that if I listen to him I shall live to great age. So now I say, go to the
Sun; say to him, ‘She whom you spoke with has listened to your words; she has never done wrong, but now she wants to marry. I want her for my wife.’ Ask him to take that scar from your face; that will be his sign, and I shall know he is pleased. But if he refuses, or if you cannot find his lodge, then do not return to me.”
“Oh!” cried Scarface; “at first your words were good. I was glad. But now it is dark. My heart is dead. Where is that far-off lodge? Where is the trail that no one yet has traveled?”
“Take courage, take courage,” said the girl softly, and she went on to her lodge.
Scarface was very unhappy. He did not know what to do. He sat down and covered his face with his robe, and tried to think. At length, he stood up and went to an old woman who had been kind to him, and said to her, “Pity me. I am very poor. I am going away, on a long journey. Make me some moccasins.”
“Where are you going–far from the camp?” asked the old woman.
“I do not know where I am going,” he replied; “I am in trouble, but I cannot talk about it.”
This old woman had a kind heart. She made him moccasins—seven pairs; and gave him also a sack of food–pemican, dried meat, and back fat.
All alone, and with a sad heart, Scarface climbed the bluff that overlooked the valley, and when he had reached the top, turned to look back at the camp. He wondered if he should ever see it again; if he should return to the girl and to the people.
“Pity me, O Sun!” he prayed; and turning away, he set off to look for the trail to the Sun’s lodge.
For many days he went on. He crossed great prairies and followed up timbered rivers, and crossed the mountains. Every day his sack of food grew lighter, but as he went along he looked for berries and roots, and sometimes he killed an animal. These things gave him food.
Native American Main Page
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Arts and athletics / Re-create
Arts and Athletics and Re-Create are two related yet distinct companies. Director Neil Fitzgerald asked us to develop a new brand identity for each that acknowledged their connection, but was directed toward specific audiences within different contexts: Arts and Athletics to k-12 children in a school setting, and Re-Create to wider audience from preschoolers to adults with its own retail location in Manhattan.
Arts and Athletics is a non-profit organization that operates after school programs in New York city public schools, offering sports, yoga, chess, design, theater, art, and music, among others. Re-Create is a for-profit entity with a new retail space coming soon on New York's Upper West Side. Re-Create will offer similar programming to Arts and Athletics, but to a wider youth audience, as well as adults seeking enrichment programs.
Arts and
athletics identity
brand positioning strategy, concept, design
The Arts and Athletics Identity won a Silver Award in the Graphis Branding 7 Competition.
Arts and Athletics instructors are teachers, coaches and mentors — and become integral to the school community in which they work. Our goal with the identity was to develop one visual language for two related identities, differentiated through use of color, composition and usage in collateral materials.
The letterforms reflect the multifaceted nature of Arts and Athletics programming, and the playful spirit of an organization focused on nurturing children.
concept, design, print management
Business cards extend the brand language to include customized initials for each person.
Letterform detail shows color overlaps and subtle shadows behind the elements.
System of postcards for each school with an Arts & Athletics program.
RE-CREATE IDENTITY
Re-Create opens its flagship location this fall on Manhattan's Upper West Side. Envisioned as a community resource, Re-Create will offer many of the same kinds of programming that AA&A does in schools, but will offer it to a larger audience, all week and all year. In addition Re-Create will include, other enrichment opportunities, performances, and workshops for both children and adults.
The identity is a "sister" to the Arts and Athletics logo to represent the close connection between the organizations. The color palette addresses the wider audience of Re-Create (including older children and adults).
Business cards extend the brand language to include a strong use of color.
Related Project: INA
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William Sanderson Titles, Movies and Posters
Sort by: PopularityYear AscendingYear DescendingTitle (A-Z)Title (Z-A)
X Files, The (TV)
CAST: Robert Mandel, Gillian Anderson, Robert Patrick, Annabeth Gish, William B. Davis, Mitch Pileggi,
CAST: Tom Savini, Tony Todd (I), Patricia Tallman, Tom Towles, McKee Anderson, William Butler (I) DIRECTED BY: Savini,
CAST: Rob Bowman, David Duchovny, Gillian Anderson, Martin Landau, William B. Davis, John Neville, Armin Mueller-Stahl, Blythe Danner, Mitch Pileggi, Terry O'Quinn, Jeffrey DeMunn, Lucas Black,
CAST: Anderson, Wes, Bill Murray, Jason Schwartzman, Olivia Williams, Seymour Cassel, Brian Cox, Mason Gamble, Sara Tanaka, Connie Nielsen, Kim Terry, Stephen McCole, Ronnie McCawley,
CAST: Walter Hill, Bruce Willis, Bruce Dern, William Sanderson, Christopher Walken, David Patrick Kell,
CAST: Alfred Hitchcock, Tallulah Bankhead, John Hodiak, William Bendix, Canada Lee, Walter Slezak, Hume Cronyn, Henry Hull, Mary Anderson, Heather Angel,
CAST: Paul Thomas Anderson, Michael Penn, Mark Wahlberg, Burt Reynolds, Julianne Moore, Don Cheadle, William H. Macy, Heather Graham, John C. Reilly, Luis Guzman, Philip Seymour Hoffman, Alfred Molina, Philip Baker Hall, Robert Ridgely, Joanna Gleason, Thomas Jane, Ricky Jay,
CAST: Paul Thomas Anderson, Jason Robards Jr., Julianne Moore, Tom Cruise, Philip Seymour Hoffman, Philip Baker Hall, Melora Walters, John C. Reilly, Melinda Dillon, William H. Macy, Michael Bowen, Jeremy Blackman,
True Blood (TV) Season 1
CAST: Daniel Minahan, Anna Paquin, Stephen Moyer, Sam Trammell, Ryan Kwanten, Rutina Wesley, Chris Bauer, Nelsan Ellis, Jim Parrack, Carrie Preston, Alexander Skarsgård, Todd Lowe, Deborah Ann Woll, William Sanderson, Kristin Bauer, Marshall Allman, Kevin Alejandro, Lindsay Pulsipher,
Star Trek 3: The Search for Spock
CAST: Leonard Nimoy, William Shatner, Leonard Nimoy, DeForest Kelley, James Doohan, George Takei, Walter Koenig, Mark Lenard, Robin Curtis, Merritt Butrick, Christopher Lloyd, Judith Anderson, John Larroquette, James B. Sikking, Nichelle Nichols, Cathie Shirriff,
CAST: Paul Thomas Anderson, Jena Malone, Reese Witherspoon, Josh Brolin, Joaquin Phoenix, Benicio Del Toro, Michael Kenneth Williams, Jillian Bell, Owen Wilson, Sasha Pieterse, Maya Rudolph, Eric Roberts, Martin Short, Wilson Bethel, Katherine Waterston, Sam Jaeger, Anders Holm,
CAST: Ritchie, Michael, Chevy Chase, Tim Matheson, Joe Don Baker, Dana Wheeler-Nicholson, M. Emmet Walsh, Kenneth Mars, Geena Davis, Richard Libertini, George Wendt, Kareem Abdul-Jabbar, Alison La Placa, George Wyner, Tony Longo, James Avery, William Sanderson, Beau Starr,
World's Greatest Dad
CAST: Bob Goldthwait, Robin Williams, Steve Anderson, Danielle Barnum,
Johnny Cool
CAST: William Asher, Henry Silva, Elizabeth Montgomery, Richard Anderson, Jim Backus,
This Sporting Life
CAST: Lindsay Anderson, Richard Harris, Rachel Roberts, Alan Badel, William Hartnell, Colin Blakely, Vanda Godsell,
CAST: Dieterle, William, Rita Hayworth, Stewart Granger, Charles Laughton, Judith Anderson, Cedric Hardwicke DIRECTED BY: Dieterle,
CAST: William Nicholson, Sophie Marceau, Stephen Dillane, Dominique Belcourt, Kevin Anderson, Lia Williams,
Resident Evil: The Final Chapter
CAST: Paul W.S. Anderson, Ruby Rose, Milla Jovovich, Ali Larter, Iain Glen, Shawn Roberts, Eoin Macken, William Levy, Rola, Joon-Gi Lee, Lee Raviv, Fraser James, Matthew Charles Santoro, Siobhan Hodgson, Kevin Otto, Milton Schorr, David Casper Smith, Paul Hampshire,
CAST: Anna Paquin, Stephen Moyer, Sam Trammell, Ryan Kwanten, Rutina Wesley, Chris Bauer, Nelsan Ellis, Jim Parrack, Carrie Preston, Alexander Skarsgård, Todd Lowe, Deborah Ann Woll, William Sanderson, Kristin Bauer, Marshall Allman, Kevin Alejandro,
Skatetown USA
CAST: William A. Levey, Scott Baio, Mark Hamill, Melissa Sue Anderson, Flip Wilson, Ron Palillo, Ruth Buzzi, Dave Mason, Greg Bradford, Maureen McCormick, Patrick Swayze,
CAST: George Schaefer, Maurice Evans, Judith Anderson, Michael Hordern, Ian Bannen, Felix Aylmer, Jeremy Brett, Robert Brown, Charles Carson, Trader Faulkner, Scott Finch, William Hutt, Megs Jenkins, Malcolm Keen, Simon Lack,
CAST: Daniel Minahan, Anna Paquin, Stephen Moyer, Sam Trammell, Ryan Kwanten, Rutina Wesley, Chris Bauer, Nelsan Ellis, Jim Parrack, Carrie Preston, Alexander Skarsgård, Todd Lowe, Deborah Ann Woll, William Sanderson, Kristin Bauer, Marshall Allman, Kevin Alejandro,
CAST: Mira Nair, Ewan McGregor, Hilary Swank, Mia Wasikowska, Richard Gere, Christopher Eccleston, Joe Anderson, Aaron Abrams, Marina Stone, William Cuddy, Dylan Roberts,
The Story of Seabiscuit
CAST: David Butler, Shirley Temple, Barry Fitzgerald, Lon McCallister, Rosemary DeCamp, Donald MacBride, Pierre Watkin, William Forrest, Joe Hernandez, Hal J. Moore, Clem McCarthy, Sugarfoot Anderson,
Escape from Fort Bravo
CAST: Sturges, John, William Holden, Eleanor Parker, John Forsythe, William Demarest, William Campbell, Polly Bergen, Richard Anderson, Carl Benton Reid, John Lupton, Howard McNear, Alex Montoya, Forrest Lewis, Fred Graham,
CAST: Fisk, Jack, Sissy Spacek, Eric Roberts, Sam Shepard, Tracey Walter, William Sanderson,
Fat Albert
CAST: Joel Zwick, Kenan Thompson, Kyla Pratt, Shedrack Anderson III, Jermaine Williams, Keith Robinson, Alphonso McAuley,
CAST: William A. Wellman, Van Johnson, John Hodiak, James Whitmore, George Murphy, Ricardo Montalban, Marshall Thompson, Jerome Courtland, Don Taylor, Bruce Cowling, Leon Ames, Douglas Fowley, Richard Jaeckel, Scotty Beckett, Herbert Anderson, Thomas E. Breen, Denise Darcel,
CAST: Anderson, Paul Thomas, Philip Baker Hall, John C. Reilly, Gwyneth Paltrow, Samuel L. Jackson, F. William Parker, Philip Seymour Hoffman, Nathanael Cooper, Wynn White, Robert Ridgely, Michael J. Rowe, Kathleen Campbell,
CAST: Marina Sargenti, Karen Black, Yvonne De Carlo, William Sanderson, Rainbow Harvest, Kristin Dattilo, Ricky Paull Goldi,
Objective Burma
CAST: Raoul Walsh, Errol Flynn, James Brown, William Prince, George Tobias, Henry Hull, Warner Anderson, John Alvin, Mark Stevens,
CAST: Jorge Montesi, David Carradine, Chris Potter, Richard Anderson, Kim Chan, William Dunlop, Nathaniel Moreau,
The Giant of Thunder Mountain
CAST: James W. Roberson, Cloris Leachman, Richard Kiel, Lynne Seus, Doug Seus, Marianne Gordon, Jack Elam, William Sanderson,
CAST: Robert Mulligan, Gregory Peck, John Megna, Frank Overton, Rosemary Murphy, Ruth White, Brock Peters, Estelle Evans, Paul Fix, Collin Wilcox Paxton, James Anderson, Alice Ghostley, Robert Duvall, William Windom, Crahan Denton,
CAST: Stephen Hopkins, Stephan James, Jason Sudeikis, Eli Goree, Shanice Banton, Carice van Houten, Jeremy Irons, William Hurt, David Kross, Jonathan Higgins, Tony Curran, Amanda Crew, Barnaby Metschurat, Vlasta Vrana, Shamier Anderson, Jesse Bostick, Moe Jeudy-Lamour,
A Single Shot
CAST: David M. Rosenthal, Sam Rockwell, William H. Macy, Ted Levine, Kelly Reilly, Jason Isaacs, Joe Anderson, Jeffrey Wright, Ophelia Lovibond, Melissa Leo, Amy Sloan, W. Earl Brown, Heather Lind, Christie Burke, Jenica Bergere, Lana Giacose, David Flannery, Duffy, Michael Eisner,
Viewing Results: 01 - 36 / 79
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You are here: Home / About Us / Library Policies / Library Bill of Rights
The American Library Association affirms that all Libraries are forums for information and ideas, and that the following basic policies should guide their services.
1. Books and other Library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.
2. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.
3. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
4. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.
5. A person’s right to use the Library should not be denied or abridged because of origin, age, background, or views.
6. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.
Adopted June 18, 1948. Amended February 2, 1961, June 27, 1967, and January 23, 1980, by the ALA Council.
FREEDOM TO VIEW
The FREEDOM TO VIEW, along with the freedom to speak, to hear, and to read, is protected by the First Amendment of the Constitution of the United States. In a free society, there is no place for censorship of any medium of expression.
Therefore, these principles are affirmed:
1. To provide the broadest possible access to film, video, and other audiovisual materials because they are a means for the communication of ideas. Liberty of circulation is essential to insure the constitutional guarantee of freedom of expression.
2. To protect the confidentiality of all individuals and institutions using film, video and other audiovisual materials.
3. To provide film, video and other audiovisual materials which represent a diversity of views and expression. Selection of a work does not constitute or imply agreement with or approval of the content.
4. To provide a diversity of viewpoints without the constraint of labeling or prejudging a film, video, and other audiovisual materials on the basis of the moral, religious, or political beliefs of the producer or film maker or on the basis of controversial content.
5. To contest vigorously, by all lawful means, every encroachment upon the public’s freedom to view.
This statement was originally drafted by the Freedom to View Committee of the American Film and Video Association (formerly the Educational Film Library Association) and was adopted by the AFVA Board of Directors in February 1979. This statement was updated and approved by the AFVF Board of Directors in 1989 and endorsed by the ALA Council January 10, 1990.
THE FREEDOM TO READ
The freedom to read is essential to our democracy. It is continuously under attack. Private groups and public authorities in various parts of the country are working to remove books from sale, to censor textbooks, to label “controversial” books, to distribute lists of “objectionable” books or authors, and to purge Libraries. These actions apparently rise form a view that our national tradition of free expression is no longer valid; that censorship and suppression are needed to avoid the subversion of politics and the corruption of morals. We, as citizens devoted to the use of books and as librarians and publishers responsible for disseminating them, wish to assert the public interest in the preservation of the freedom to read.
We are deeply concerned about these attempts a suppression. Most such attempts rest on a denial of the fundamental premise of democracy: that the ordinary citizen, by exercising this critical judgment, will accept the good and reject the bad. The censors, public and private, assume that they should determine what is good and what is bad for their fellow-citizens.
We trust American to recognize propaganda, and to reject it. We do not believe they need the help of censors to assist them in this task. We do not believe they are prepared to sacrifice their heritage of a free press in order to be “protected” against what others think may be bad for them. We believe they still favor free enterprise in ideas and expression.
We are aware, of course, that books are not alone in being subjected to efforts at suppression. We are aware that these efforts are related to a larger pattern of pressures being brought against education, the press, films, radio and television. The problem is not only one of actual censorship. The shadow of fear cast by these pressures leads, we suspect, to an even larger voluntary curtailment of expression by those who seek to avoid controversy.
Such pressure toward conformity is perhaps natural to a time of uneasy change and pervading fear. Especially when so many of our apprehensions are directed against an ideology, the expression of a dissident idea becomes a thing feared in itself, and we tend to move against it as against a hostile deed, with suppression.
And yet suppression is never more dangerous than in such a time of social tension. Freedom has given the United States the elasticity to endure strain. Freedom keeps open the path of novel and creative solutions, and enables change to come by choice. Every silencing of a heresy, every enforcement of an orthodoxy, diminishes the toughness and resilience of our society and leaves it the less able to deal with stress.
Now as always in our history, books are among our greatest instruments of freedom. They are almost the only means for making generally available ideas or manners of expression that can initially command only a small audience. They are the natural medium for the new idea and the untried voice from which come the original contributions to social growth. They are essential to the extended discussion which serious thought requires, and to the accumulation of knowledge and ideas into organized collections.
We believe that free communication is essential to the preservation of a free society and a creative culture. We believe that these pressures towards conformity present the danger of limiting the range and variety of inquiry and expression on which our democracy and our culture depend. We believe that every American community must jealously guard the freedom to publish and to circulate, in order to preserve its own freedom to read. We believe that publishers and librarians have a profound responsibility to give validity to that freedom to read by making it possible for the readers to choose freely from a variety of offerings.
The freedom to read is guaranteed by the Constitution. Those with faith in free men will stand firm on these constitutional guarantees of essential rights and will exercise the responsibilities that accompany these rights.
We therefore affirm these propositions:
1. It is in the public interest for publishers and librarians to make available the widest diversity of views and expressions, including those which are unorthodox or unpopular with the majority.
Creative thought is by definition new, and what is new is different. The bearer of every new thought is a rebel until his idea is refined and tested. Totalitarian systems attempt to maintain themselves in power by the ruthless suppression of any concept which challenges the established orthodoxy. The power of a democratic system to adapt to change is vastly strengthened by the freedom of its citizens to choose widely from among conflicting opinions offered freely to them. To stifle every nonconformist idea at birth would mark the end of the democratic process. Furthermore, only through the constant activity of weighing and selecting can the democratic mind attain the strength demanded by times like these. We need to know not only what we believe but why we believe it.
2. Publishers, librarians and booksellers do not need to endorse every idea or presentation contained in the books they make available. It would conflict with the public interest for them to establish their own political, moral or aesthetic views as the sole standard for determining what books should be published or circulated.
Publishers and librarians serve the educational process by helping to make available knowledge and ideas required for the growth of the mind and the increase of learning. They do not foster education by imposing as mentors the patterns of their own thought. The people should have the freedom to read and consider a broader range of ideas than those that may he held by a single librarian or publisher or government or church. It is wrong that what one man can read should be confined to what another thinks proper.
3. It is contrary to the public interest for the publishers or librarians to determine the acceptability of a book solely on the basis of the personal history or political affiliations of the author.
A book should be judged as a book. No art or literature can flourish if it is to be measured by the political views or private lives of it s creators. No society of free men can flourish which draws up lists of writers to whom it will not listen, whatever they may have to say.
4. There is no place in our society for extra-legal efforts to coerce the taste of others, to confine adults to the reading matter deemed suitable for the adolescents, or to inhibit the efforts of writers to achieve artistic expression.
To some, much of modern literature is shocking. But is not much of life itself shocking? We cut off literature at the source if we prevent writers from dealing with the stuff of life. Parents and teachers have a responsibility to prepare the young to meet the diversity of experience in life to which they will be exposed, as they have a responsibility to help them learn to think critically for themselves. These are affirmative responsibilities, not to be discharged simply by preventing them from reading works for which they are not yet prepared. In these matters taste differs, and taste cannot be legislated; nor can machinery be devised which will suit the demands of one group without limiting the freedom of others.
5. It is not in the public interest to force a reader to accept any book with the prejudgment of a label characterizing the book or author as subversive or dangerous.
The ideal of labeling presupposes the existence of individuals or groups with wisdom to determine by authority what is good or bad for the citizen. It presupposes that each individual must be directed in making up his mind about the ideas he examines. But Americans do not need others to do their thinking for them.
6. It is the responsibility of publishers and librarians, as guardians of the people’s freedom to read, to contest encroachments upon that freedom by individuals or groups seeking to impose their own standards or tastes upon the community at large.
It is inevitable in the give and take of the democratic process that the political, the moral, or the aesthetic concepts of an individual or group will occasionally collide with those of another individual or group. In a free society each individual is free to determine for himself what he wishes to read, and each group is free to determine what it will recommend to its freely associated members. But no group has the right to take the law into its own hands, and to impose its own concept of politics or morality upon other members of a democratic society. Freedom is not freedom if it is accorded only to the accepted and the inoffensive.
7. It is the responsibility of publishers and librarians to give full meaning to the freedom to read by providing books that enrich the quality and diversity of thought and expression. By the exercise of this affirmative responsibility, bookmen can demonstrate that the answer to a bad book is a good one, the answer to a bad idea is a good one.
The freedom to read is of little consequence when expended on the trivial; it is frustrated when the reader cannot obtain matter fit for his purpose. What is needed is not only the absence of restraint, but the positive provision of opportunity for the people to read the best that has been thought and said. Books are the major channels by which the intellectual inheritance is handed down, and the principal means of its testing and growth. The defense of their freedom and integrity, and the enlargement of their service to society, require of all bookmen the utmost of their faculties, and deserve of all citizens the fullest of their support.
We state these propositions neither lightly nor as easy generalizations. We here stake out a lofty claim for the value of books. We do so because we believe that they are good, possessed of enormous variety and usefulness, worthy of cherishing and keeping free. We realize that the application of these propositions may mean the dissemination of ideas and manners of expression that are repugnant to many persons. We do not state these propositions in the comfortable belief that what people read is unimportant. We believe rather that what people read is deeply important; that ideas can be dangerous; but that the suppression of ideas is fatal to a democratic society. Freedom itself is a dangerous way of life, but it is ours.
A Joint Statement by:
Association of American Publishers
EXHIBIT SPACES AND BULLETIN BOARDS
An Interpretation of the LIBRARY BILL OF RIGHTS
Libraries often provide exhibit spaces and bulletin boards. The uses made of these spaces shouldconform to the Library Bill of Rights: Article I states, “Materials should not be excludedbecause of the origin, background, or views of those contributing to their creation.” Article II states, “Materials should not be proscribed or removed because of partisan or doctrinal disapproval.” Article VI maintains that exhibit space should be made available “on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.” In developing library exhibits, staff members should endeavor to present a broad spectrum of opinion and a va riety of viewpoints. Libraries should not shrink from developing exhibits because of controversial content or because of the beliefs or affiliations of those whose work is represented. Just as libraries do not endorse the viewpoints of those whose work is represented
in their collections, libraries also do not endorse the beliefs or viewpoints of topics that may be the subject of library exhibits. Exhibit areas often are made available for use by community groups. Libraries should formulate a written policy for the use of these exhibit areas to assure that space is provided on an equitable basis to all groups that request it. Written policies for exhibit space use should be stated in inclusive rather than exclusive terms. For example, a policy that the library’s exhibit space is open “to organizations engaged in educational, cultural, intellectual, or charitable activities” is an inclusive statement of the limited uses of the exhibit space. This defined limitation would permit religious groups to use the exhibit space because they engage in intellectual activities, but would exclude most commercial uses of the exhibit space. A publicly supported library may designate use of exhibit space for strictly library-related activities, provided that this limitation is viewpoint neutral and clearly defined. Libraries may include in this policy rules regarding the time, place, and manner of use of the exhibit space, so long as the rules are content neutral and are applied in the same manner to all groups wishing to use the space. A library may wish to limit access to exhibit space to groups within the community served by the library. This practice is acceptable provided that the same rules and regulations apply to everyone, and that exclusion is not made on the basis of the doctrinal, religious, or political beliefs of the potential users. The library should not censor or remove an exhibit because some members of the community may disagree with its content. Those who object to the content of any exhibit held at the library should be able to submit their complaint and/or their own exhibit proposal to be judged according to the policies established by the library. Libraries may wish to post a permanent notice near the exhibit area stating that the library does not advocate or endorse the viewpoints of exhibits or exhibitors. Libraries that make bulletin boards available to public groups for posting notices of public interest should develop criteria for the use of these spaces based on the same considerations as those outlined above. Libraries may wish to develop criteria regarding the size of material to be displayed, the length of time materials may remain on the bulletin board, the frequency with which material may be posted for the same group, and the geographic area from which notices
will be accepted.
Adopted July 2, 1991, by the ALA Council; amended June 30, 2004, by the ALA Council.
[ISBN 8389-7551-8]
The USA Patriot Act in the Library
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (“USA Patriot Act”) became law on October 26, 2001. The legislation originated with Attorney General John Ashcroft, who
asked Congress for additional powers that he claimed were needed to fight terrorism in the wake of the events of September 11, 2001. Few amendments were made to Ashcroft’s initial proposal to Congress, and the bill became law without any hearings or
markup by a Congressional committee. The Patriot Act amended over 15 federal statutes, including the laws governing criminal
procedure, computer fraud and abuse, foreign intelligence, wiretapping, immigration, and the laws governing the privacy of student records. These amendments expanded the authority of the Federal Bureau of Investigation and law enforcement to gain access to
business records, medical records, educational records and library records, including stored electronic data and communications. It also expanded the laws governing wiretaps and “trap and trace” phone devices to Internet and electronic communications.
These enhanced surveillance procedures pose the greatest challenge to privacy and confident iality in the library. Enhanced Surveillance Provisions Affecting Library Confidentiality Section 215 Access to Records Under Foreign Intelligence Security Act (FISA)
•??Allows an FBI agent to obtain a search warrant for “any tangible thing,” which can include books, records, papers, floppy disks, data tapes, and computers with hard drives.
•??Permits the FBI to compel production of library circulation records, Internet use records, and registration information stored in any medium.
•??Does not require the agent to demonstrate “probable cause,” the existence of specific facts to support the belief that a crime has been committed or that the items sought are evidence of a crime. Instead, the agent only needs to claim that he believes that the records he wants may be related to an ongoing investigation related to terrorism or intelligence activities, a very low legal standard.
•??Libraries or librarians served with a search warrant issued under FISA rules may not disclose, under of penalty of law, the existence of the warrant or the fact that records were produced as a result of the warrant. A patron cannot be told that his or her records were given to the FBI or that he or she is the subject of an FBI investigation.
•??Overrides state library confidentiality laws protecting library records. Codified in law at 50 U.S.C. §1862.2 Section 216: Relating to the Use of Pen Register and Trap and Trace Devices
•??Extends the telephone monitoring laws (“pen register,” “trap and trace”) to include routing and addressing information for all Internet traffic, including email addresses, IP addresses, and URLs of web pages.
•??State law enforcement agencies may apply for and obtain an order under this provision, which is not limited to the investigation of terrorism or foreign intelligence matters.
•??Federal agents can obtain a nationwide court order for a wiretap from any federal court having jurisdiction over the offense under investigation.
•??The officers and agents seeking warrants under the pen register statute only need to affirm that the information sought is relevant to a criminal investigation.
•??Compels a recipient of a monitoring order to provide all necessary cooperation to law enforcement authorities to facilitate installation of the monitoring device, or provide the information to the investigating officer from their own records. The recipient cannot disclose that communications are being monitored.
•??Libraries that provide access to the Internet and email service to patrons may become the target of a court order requiring the library to cooperate in the monitoring of a user’s electronic communications sent through the library’s computers or network. Codified in law at 18 U.S.C. §§3121-3127 Section 214 Pen Register and trap and trace authority under FISA
•??Extends the FBI’s telephone monitoring authority in FISA investigations (“pen register,” “trap and trace”) to include routing and addressing information for all Internet traffic, including email addresses, IP addresses, and URLs of web pages.
•??As with Section 215, the agent only needs to claim that he believes that the records he wants may be related to an ongoing investigation related to terrorism or intelligence activities, a very low legal standard.
•??As with Section 216, libraries that provide access to the Internet and email service to patrons may become the target of a court order. Codified in law at 50 U.S.C. §1852 3 Other Provisions of Interest That Do Not Directly Affect Libraries Section 218: Foreign intelligence information requirement for FISA authority.
•??Amends FISA so that foreign intelligence or terrorism need only be "a significant purpose" of the investigation, rather than "the purpose" of the investigation. Relaxes the legal standard for FISA surveillance. Section 219: Single-Jurisdiction Warrants for Terrorism Section 220: National Search Warrants for Electronic Evidence
•??Both provisions permit federal courts located in a district where a crime or act of terrorism has occurred to issue a court order that may be served and executed nationwide. Section 220 affects stored email and other electronic data. Section 206: Roving Surveillance Authority under FISA
•??Permits the use of “roving wiretaps” in a FISA investigation, which allows the investigating agency to obtain a single court order to monitor the electronic communications of a person at any location or on any device, including email and Internet communications.
•??The order need not identify the person or entity whose assistance is required for the monitoring. It is a generic order that may be presented at any time to a newly discovered service provider.
•??Updates FISA to match federal wiretap laws that allow roving wiretaps.
http://www.ala.org/alaorg/oif/usapatriotlibrary.html
Office for Intellectual Freedom April 2002
FREE ACCESS TO LIBRARIES FOR MINORS
Library policies and procedures that effectively deny minors equal and equitable access to all library resources available to other users violate the Library Bill of Rights. The American Library Association opposes all attempts to restrict access to library services, materials, and facilities based on the age of library users. Article V of the Library Bill of Rights states, “A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.” The “right to use a library” includes free access to, and unrestricted use of, all the services, materials, and facilities the library has to offer. Every restriction on access to, and use of, library resources, based solely on the chronological age, educational level, literacy skills, or legal emancipation of users violates
Article V. Libraries are charged with the mission of developing resources to meet the diverse information needs and interests of the communities they serve. Services, materials, and facilities that fulfill the needs and interests of library users at different stages in their personal development are a necessary part of library resources. The needs and interests of each library user, and resources
appropriate to meet those needs and interests, must be determined on an individual basis. Librarians cannot predict what resources will best fulfill the needs and interests of any individual user based on a single criterion such as chronological age, educational level, literacy skills, or legal emancipation. Libraries should not limit the selection and development of library resources simply because
minors will have access to them. Institutional self-censorship diminishes the credibility of the library in the community, and restricts access for all library users. Children and young adults unquestionably possess First Amendment rights, including the right to
receive information in the library. Constitutionally protected speech cannot be suppressed solely to protect children or young adults from ideas or images a legislative body believes to be unsuitable for them. 1 Librarians and library governing bodies should not resort to age restrictions in an effort to avoid actual or anticipated objections, because only a court of law candetermine whether material is not constitutionally protected. The mission, goals, and objectives of libraries cannot authorize librarians or library governing
bodies to assume, abrogate, or overrule the rights and responsibilities of parents. As “Libraries: An American Value” states, “We affirm the responsibility and the right of all parents and guardians to guide their own children’s use of the library and its resources and services.” Librarians and governing bodies should maintain that parents—and only parents—have the right and the responsibility to restrict the access of their children—and only their children—to library resources. Parents who do not want their children to have access to certain library services, materials, or facilities should so advise their children. Librarians and library governing bodies
cannot assume the role of parents or the functions of parental authority in the private relationship between parent and child. Lack of access to information can be harmful to minors. Librarians and library governing bodies have a public and professional obligation to ensure that all members of the community they serve have free, equal, and equitable access to the entire range of library resources regardless of content, approach, format, or amount of detail. This principle of library service applies equally to all users, minors as well as adults. Librarians and library governing bodies must uphold this principle in order to provide adequate and effective service to minors. 1See Erznoznik v. City of Jacksonville, 422 U.S. 205 (1975)—“Speech that is neither obscene as to youths nor subject to some other legitimate proscription cannot be suppressed solely to protect the young from ideas or images that a legislative body thinks unsuitable [422 U.S. 205, 214] for them. In most circumstances, the values protected by the First Amendment are no less applicable
when government seeks to control the flow of information to minors. See Tinker v. Des Moines
School Dist., supra. Cf. West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624 (1943).”
Adopted June 30, 1972; amended July 1, 1981; July 3, 1991, June 30, 2004, by the ALA
GUIDELINES FOR THE DEVELOPMENT OF POLICIES AND PROCEDURES
REGARDING USER BEHAVIOR AND LIBRARY USAGE
Libraries are faced with problems of user behavior that must be addressed to ensure the effective delivery of service and full access to facilities. Library governing bodies should approach the regulation of user behavior within the framework of the ALA Code of Ethics, the Library Bill of Rights and the law, including local and state statutes, constitutional standards under the First and Fourteenth Amendments, due process and equal and equitable treatment under the law. Publicly supported library service is based upon the First Amendment right of free expression. Publicly supported libraries are recognized as limited public forums for access to information. Courts have recognized a First Amendment right to receive information in a public library. Library policies and procedures that could impinge upon such rights are subject to a higher standard of review than may be required in the policies of other public services and facilities. There is a significant government interest in maintaining a library environment that is conducive to all users’ exercise of their constitutionally protected right to receive information. This significant interest authorizes publicly supported libraries to maintain a safe and healthy environment in which library users and staff can be free from harassment, intimidation, and threats to their safety and well-being. Libraries should provide appropriate safeguards against such behavior and enforce policies and procedures
addressing that behavior when it occurs. In order to protect all library users’ right of access to library facilities, to ensure the safety of users and staff, and to protect library resources and facilities from damage, the library’s governing authority may
impose reasonable restrictions on the time, place, or manner of library access. Guidelines The American Library Association’s Intellectual Freedom Committee recommends that publicly supported libraries use the following guidelines, based upon constitutional principles, to develop policies and procedures governing the use of library facilities:
1. Libraries are advised to rely upon existing legislation and law enforcement mechanisms as the primary means of controlling behavior that involves public safety, criminal behavior, or other issues covered by existing local, state, or federal statutes. In many instances, this legal framework may be sufficient to provide the library with the necessary tools to maintain order.
2. If the library’s governing body chooses to write its own policies and procedures regarding user behavior or access to library facilities, services, and resources, the policies should cite statutes or ordinances upon which the authority to make those policies is based.
3. Library policies and procedures governing the use of library facilities should be carefully examined to ensure that they embody the principles expressed in the Library Bill of Rights.
4. Reasonable and narrowly drawn policies and procedures designed to prohibit interference with use of the facilities and services by others, or to prohibit activities inconsistent with achievement of the library’s mission statement and objectives, are acceptable.
5. Such policies and the attendant implementing procedures should be reviewed frequently and updated as needed by the library’s legal counsel for compliance with federal and state constitutional requirements, federal and state civil rights legislation, all other applicable federal and state legislation, and applicable case law.
6. Every effort should be made to respond to potentially difficult circumstances of user behavior in a timely, direct, and open manner. Common sense, reason and sensitivity should be used to resolve issues in a constructive and positive manner without escalation.
7. Libraries should develop an ongoing staff training program based upon their user behavior policy. This program should include training to develop empathy and understanding of the social and economic problems of some library users.
8. Policies and regulations that impose restrictions on library access:
a. should apply only to those activities that materially interfere with the public’s right of access to library facilities, the safety of users and staff, and the protection of library resources and facilities;
b. should narrowly tailor prohibitions or restrictions so that they are not more restrictive than needed to serve their objectives;
c. should attempt to balance competing interests and avoid favoring the majority at the expense
of individual rights, or allowing individual users’ rights to supersede those of the majority of
library users;
d. should be based solely upon actual behavior and not upon arbitrary distinctions between individuals or classes of individuals. Policies should not target specific users or groups of users based upon an assumption or expectation that such users might engage in behaviors thatcould disrupt library service;
e. should not restrict access to the library by persons who merely inspire the anger or annoyance of others. Policies based upon appearance or behavior that is merely annoying or that merely generates negative subjective reactions from others, do not meet the necessary standard. Such policies should employ a reasonable, objective standard based on the behavior itself;
f. must provide a clear description of the behavior that is prohibited and the various enforcement measures in place so that a reasonably intelligent person will have both due process and fair warning; this description must be continuously and clearly communicated in an effective manner to all library users;
g. to the extent possible, should not leave those affected without adequate alternative means of access to information in the library;
h. must be enforced evenhandedly, and not in a manner intended to benefit or disfavor any person or group in an arbitrary or capricious manner.
The user behaviors addressed in these Guidelines are the result of a wide variety of individual and societal conditions. Libraries should take advantage of the expertise of local social service agencies, advocacy groups, mental health professionals, law enforcement officials, and other community resources to develop community strategies for addressing the needs of a diverse population.
Adopted by the Intellectual Freedom Committee
January 24, 1993; revised November 17, 2000; revised January 19, 2005
[ISBN 8389-7763]
By laws of Friends of the Muenster Public Library
Building Policies-Facilities and Grounds
Circulation Policy
Computer Policy
Volunteer Activities and Opportunities
Library Behavior Guidelines
Tuesday Story time Sep 11, 2018
418 N. Elm
Muenster, TX 76252
Tue-Thu: 10am-6:00pm
Wed: 10am-5:30pm
Sat: 10am-12:00pm
closed Sunday, Monday, and Friday
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Jocko, now in his fifth decade with Sha Na Na, was the first to walk onstage “greased and ready to rock ‘n’ roll” in 1969. That same year, at age nineteen he appeared with the group at Woodstock. He holds the distinction of performing in both the most successful music documentary ever (Woodstock) and the most successful rock ‘n’ roll film musical ever (Grease). Juggling his schedule around his touring, Jocko earned both a B.A. from Columbia and a Masters in Drama from New York University.
When not with Sha Na Na, Jocko is an actor, producer and a songwriter. His acting credits include TV’s Veronica Mars, NYPD Blue, Ally McBeal, The Tiger Woods Story, Herman’s Head, Good Advice, 18 Wheels of Justice, The Invisible Man, Amazing Stories, and The Garry Shandling Show, and the motion pictures Rainman, National Security, and Hot To Trot. He has written and performed songs for the films Rainman, That’s Life and The Night of the Comet and for the TV shows Castle, Kath and Kim, Parks and Recreation and The Vampire Diaries. He also performed and produced an arrangement of “Take Me Out To The Ballgame” for the 2006 comedy The Benchwarmers.
Jocko’s original rock & roll children’s collection: Kidsville, as well as his original holiday music, can be sampled and downloaded on iTunes. His rock ‘n’ roll/rhythm and blues band, Jocko and the Rockets, are always at the ready to rock you in the Southern California area.
Jocko was born in Quincy, Massachusetts in 1950 and toured New England with his high school bands, the Pilgrims and the Miltones. He now lives with his family in La Jolla, California.
Jocko Marcellino @ IMDB
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The Crisis of Men without Work
By Jonathan Liedl
There is a growing deficit of men in the workforce.
According to government data, more than seven million American men between the ages of 25 and 54, the traditional prime of working life, are not even looking for a job. The U.S. now ranks second-to-last among developed nations in the rate of adult men in the workforce, thanks to a steady 13 percent decline over the past fifty years.
The potential impact of this trend has economists sounding the alarm, but Pope Francis has also drawn attention to its spiritual and social consequences. It robs people of hope, he says, and squanders “their great resources of energy, creativity, and vision.”
Overcoming the crisis of young men without work is a cultural challenge, and is part of a broader crisis of manhood. But public policy also has a role to play. By fostering opportunities for wider economic participation, we can help more men get back to work and live lives consistent with their God-given human dignity.
A “Fundamental Dimension”
St. Pope John Paul II puts it plainly in Laborem Exercens: “Work is a fundamental dimension of human existence on earth.” While work can take on any number of forms (including work done in the home and nursery), we are all called to it. Work is an act of co-creation with God that involves and develops our creativity, rationality, and personality—those distinctively human gifts. Therefore, in the words of John Paul, when man works he “achieves fulfillment as a human being and indeed, in a sense, becomes ‘more a human being.’”
We also work as an act of solidarity with the wider community. As John Paul says, “Man must work out of regard for others, especially his own family, but also for the society he belongs to, the country of which he is a child, and the whole human family of which he is a member, since he is the heir to the work of generations and at the same time a sharer in building the future of those who will come after him in the succession of history.” Through work, we make a gift of self to others.
Men Without Work
In recent times, most men have worked outside the home. Therefore, opting out of the workforce has closed many men off to a primary opportunity for work, seriously crippling their capacity for both human development and self-gift.
One startling statistic illustrates clearly these debilitating effects. Nicholas Eberstadt, the author of Men Without Work, estimates that non-working men have an extra 2,150 hours of free time per year. But instead of using this time to serve others in their family or community, the data shows that non-working men spend much of it sleeping, engaging in self-care, or relaxing, which includes five and half hours of media consumption per day. Darker self-indulgent habits, such as pornography and drug use, also occur with greater frequency.
Deprived of the human formation that work provides, many men give in to their worst impulses instead of cultivating their most noble gifts. Cut off from the opportunity to serve others through work, many men turn inward instead of making a gift of self. Men need work to be thriving, selfless citizens.
Expanding Economic Participation
So how can public policy help address the “men without work” crisis?
For one, we can do a better job of connecting men with the work that is available. One puzzling aspect of the men without work crisis is that it is largely voluntary; many non-working men choose not to work, despite the availability of jobs, some that even pay quite well. In fact, the Star Tribune reported on July 5 that Twin Cities builders are struggling to find skilled workers to fill any number of decent-paying positions.
One problem is that our education system has imposed a one-size-fits-all approach to workforce preparation. Four-year university degrees are over-prioritized and, as a result, many men are ill-equipped—or uninterested—in blue collar jobs that, until recently, appealed to their demographic. A greater emphasis on vocational training at an earlier age could help connect men with these enriching work opportunities.
We can also incentivize businesses to more directly reach out to non-working men with jobs and training opportunities, especially those reintegrating into society after serving a prison sentence. Special attention must also be given to stagnant wages; men raising a family must be able to access work that pays a living wage.
The “men without work” problem has deep cultural and spiritual roots. But through public policy that expands and encourages economic participation, we can help more men get back to work, and back to answering God’s call to co-creation.
Jonathan Liedl is the communications manager for the Minnesota Catholic Conference.
This entry was posted in Advocacy Areas, Faith in the Public Arena, Labor and Economy, News, Workforce Development by MCC Volunteer. Bookmark the permalink.
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Stop Using Consumer Messaging Apps for Patient Communications
Stop Using Consumer Messaging Apps for Patient Communications The…
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7 Ways to Increase Clinical Trial Patient Engagement with…
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5 Tips to Get the Most Out of Text Messaging in Clinical Research
Text messages can greatly improve clinical research on multiple…
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Spotlight on Text Messaging to Promote Medication Adherence
Medication non-adherence for patients is a huge deal in both…
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Word-of-mouth plays a key role in the success of any medical…
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How text messages (Telemedecine) can keep a clinical trial on track
As outlined by Dr. Neal Meropol of University Hospitals in…
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The Politicization of Everything
By Karl J. Salzmann
About Karl J. Salzmann
Supporters cheer during a Donald Trump campaign rally in Manchester, N.H., November 7, 2016. (Carlo Allegri/Reuters)
A corrosive trend marches on.
One of the few useful features of the iPhone’s “News” application is a link that pops up every so often and offers “stories that have nothing to do with politics.” As a society, we have presumably arrived at a worrying point if we need this. The problem is not that politics are wicked or pointless, or that the republic once enjoyed a politics-free golden age from which we have strayed. It’s that politics have seeped insidiously into every aspect of our lives — even, or especially, where they do not belong. Much of our modern political polarization is the result of this politicization of everything.
Take, for example, the announcement that the Miss America pageant would be scrapping its swimsuit component. Reasonable people can disagree on the decision’s merits. But the rhetoric used to justify it is revealing. It’s part of a “cultural revolution,” according to chairwoman Gretchen Carlson; it’s the contest’s attempt to “redefine its role in an era of female empowerment and gender equality,” according to the New York Times. The unquestioned and underlying premise is that Miss America and other such organizations must advance the political sympathies of their organizers, and that’s the problem.
Other examples abound. Johnny Carson was a fairly liberal Republican who, throughout his long tenure at The Tonight Show, worked hard to deliver humor without malice and without pandering to one particular political point of view. Now? Nowadays, Tonight Show host Jimmy Fallon is excoriated by the media for failing to attack Trump. The most popular television hosts broach politics every night for laugh-lines, from their own liberal point of view. The apolitical, the unifying, is turned political and divisive again. Unless we change course, I fear that we shall go the way of The Nation’s Liza Featherstone, who recently warned an advice-seeker against dating a man who may be (egad!) a conservative and (perish the thought!) a fan of Jordan Peterson.
Politics are at best a necessary evil. They exist not as an end in themselves but as a means of strengthening and uniting the civic ties that bind us as a people and a nation. If we choose to center our lives completely on politics, then we forget why we have them in the first place.
This behavior is by no means limited to one side. The NFL players who caused controversy by kneeling to protest during the national anthem last season certainly used their platform to make a political statement, but President Trump’s reaction blew the controversy so far out of proportion that both sides now have gone and politicized sports.
Perhaps most worryingly, we want it this way. After eight years of a president who seemed to think of himself as a reality-TV star, we elected an actual reality-TV star to take his place. We regularly decry divisiveness and the breakdown of America’s social and political order, yet many Democrats cheer the politicization of previously apolitical corners of the media landscape, and many Republicans hail Trump’s politicization of football. In spite of our penchant for unifying rhetoric, we seem to desire more and more division.
This did not begin with Trump. Indeed, over the past 20 years, statistician Andrew Gelman, Pew pollster Drew DeSilver, social commentator Bill Bishop, and many others have noted that we are deciding where we live based on politics. According to a Pew Research Center poll taken in January 2016, Americans are sorting themselves into “think-alike” communities in which they…
…no longer stop at disagreeing with each other’s ideas. Many in each party now deny the other’s facts, disapprove of each other’s lifestyles, avoid each other’s neighborhoods, impugn each other’s motives, doubt each other’s patriotism, can’t stomach each other’s news sources, and bring different value systems to such core social institutions as religion, marriage and parenthood. It’s as if they belong not to rival parties but alien tribes.
In 2012, David Graham, writing in The Atlantic, noted a study that showed that a growing number of Americans would be displeased if their children married someone of the other party. Featherstone is not alone in this regard. Even a cursory Google search turns up innumerable examples of advice columns that recommend against dating, marrying, or even befriending someone of a different political stripe.
There are no easy answers to these problems — especially given that the current politicization of everything is fairly unprecedented in American history. But the past does offer plenty of inspiration. William F. Buckley Jr. was a friend of John Kenneth Galbraith; Russell Kirk crisscrossed the country in the company of Norman Thomas, and, in 1976, voted for Eugene McCarthy; the friendship between Antonin Scalia and Ruth Bader Ginsburg transcended their political differences. Even Thomas Jefferson and John Adams reconciled near the end of their lives. These influential figures remind us that there are more important things than politics — personal relationships, virtue, joie de vivre.
Indeed, politics are at best a necessary evil. They exist not as an end in themselves but as a means of strengthening and uniting the civic ties that bind us as a people and a nation. If we choose to center our lives completely on politics, then we forget why we have them in the first place. We cannot love policy-prescriptions, but we can love people, and we ought to realize that when we’re tempted to politicize every aspect of our society — from pageants to sports to film and television to our interactions with others.
Conservatives have long recognized that politics are not as important as culture — that morality, virtue, and imagination are more central to existence than whoever occupies the White House at a given moment. Would that we’d remember that, and that our liberal friends would come to believe it as well.
Karl J. Salzmann is an editorial intern at National Review.
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SPbU scientists Have Discovered the First Family of Extracellular Rickettsia-like Bacteria
Invasion of a Paramecium cell by Deaniraea bacteria.
(Photo : ISME Journal)
Electron microscopy images of Deianiraea bacteria on the surface of Paramecia cells.
Like Heracles' wife
The Deianiraeaceae, which has become the fourth family in the order Rickettsiales, currently contains one genus, Deianiraea. All previously investigated Rickettsiales are obligate intracellular specialised parasites. By contrast, Deianiraea not only attacks the victim from the outside, but also it never enters the host cell throughout its entire life cycle. Deianiraeacolonises the extracellular surface of the ciliate Paramecium: the predatory bacterium attacks the ciliate and replicates on its surface, taking the victim's resources, and eventually its life.
The name for the newly discovered bacterium - Deianiraea - refers to the myth of Deianira, the wife of Heracles. According to legend, the centaur Nessus attempted to kidnap Deianira, but she was rescued by Heracles. Heracles shot the centaur with an arrow dipped in the Lernaean Hydra's venomous blood. The dying Nessus, seeking vengeance, persuaded Deianira to take some of his blood, as it would allegedly make a powerful love potion. When Deianira heard that Heracles had fallen in love with another woman, she feared that he would leave her. Deianira sent him a tunic smeared with the centaur's blood. The tunic poisoned with the Hydra's venom in the centaur's blood killed Heracles. 'Similarly, the Deianiraea bacterium kills the ciliates, covering the host cell like a poisoned tunic,' notes Alexey Potekhin, Professor at the Department of Microbiology of St Petersburg University and a member of the international research team.
Predator of the microworld
The novel bacterium was discovered by chance. Natalia Lebedeva is one of the co-authors of the study and a leading expert of the Centre for Culture Collection of Microorganisms at the St Petersburg University Research Park. She took a sample of water from a waste water stream in Larnaca, Cyprus. Microbiological analysis of the water sample revealed that it contained a large number of ciliates. Laboratory observation showed massive loss of cilia, which are employed for locomotion and feeding. This resulted in the death of the affected ciliate. Other paramecia, which were added into the same culture, also soon died. Upon closer inspection of the affected ciliates it became evident that the deciliated areas of the cell surface were covered by tightly packed bacteria - unknown to science at that moment.
'New bacterial families are rarely discovered these days. It is always an important finding, no matter what order this family may belong to. In our case, a new family has been found in a very well-studied order - the Rickettsiales. Previously, only DNA of related bacteria were detected in the samples. Therefore, the bacteria were classified as Rickettsia-like, as the scientists were not able to place them into the existing system of families of the order. It was the first time that we had found these bacteria alive. The molecular phylogenetic analysis enabled us to reassemble all the data fragments and, consequently, to establish a new bacterial family - Deianiraeaceae. One may say we were lucky,' says Alexey Potekhin.
Strong and almost independent
Unlike other Rickettsia-like bacteria, Deianiraea is not only able to replicate - to reproduce outside the cell - but also to sustain itself with less dependence on the host. 'Deianiraeapossesses a higher capability to synthesise amino acids, compared to all other Rickettsiales. It can synthesise 16 amino acids, including the 8 that other representatives of the order cannot produce. 16 out of the 20 main amino acids is almost a full set. The rest it is most likely to acquire from its victims, but we do not know that for certain. Moreover, Deianiraea can synthesise nucleotides: other Rickettsiales do not do this because they receive them from the host,' Alexey Potekhin explains.
Another feature of Deianiraea is that it has several secretion systems. In bacteria, this enables protein secretion that can be employed for interaction with other cells as well. Deianiraeadoes have a specialised secretion system for interacting with other bacteria. It also has a specialised type IV secretion system which putatively enables it to establish contact with the ciliate. At present, the researchers have not yet established the exact mechanism of the parasite-host cell interaction, and what the bacterium may acquire from the ciliate or other host organisms.
Related to mitochondria
The order Rickettsiales encompasses three previously known families of highly diverse representatives of intracellular symbionts and parasites associated with eukaryotes, including animal and human pathogens (e.g., typhus). It has been suggested that all Rickettsia-like may have shared a common ancestor with mitochondria. Mitochondria in are responsible for ATP synthesis in all eukaryotic cells, i.e. for energy metabolism. The discovery of a novel -- extracellular -- Rickettsiales bacterium suggests that the evolutionary path of mitochondria may have been different, contrary to what has been previously assumed.
'Evolution, whenever possible, tends to choose the path of least effort, reducing the number of redundant functions: all that is unnecessary is eliminated. It has been assumed that the common ancestor of all Rickettsia-like bacteria was a specialised intracellular parasite with a low biosynthetic potential. In other words, it was unable to synthesise many of the essential substances, acquiring them from the host. It could sustain itself and reproduce only inside host cells. The results of our research allow us to assert with confidence that the last common ancestor of all Rickettsia-like bacteria led an extracellular lifestyle, lived in water, had a flagellum and was metabolically independent. It also must have had cellular systems that enabled parasite-host interactions. Adaptation to the lifestyle of intracellular parasites of the modern families of the Rickettsiales order would have evolved later in parallel and independently in different sub-lineages. The discovery of Deianiraea impels us to reopen the debate about the time when the ancestor of mitochondria would have established itself inside a proto-eukaryote, and the particular traits this mitochondrial ancestor would have possessed,' the scientist concludes.
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Nets 125, Wizards 118: Dinwiddie Scores 27 as Brooklyn Wins Fourth Straight
Harris has 19, rookie Kurucs scores career-high 15 points
The Brooklyn Nets won their fourth straight game, putting up a blistering 70 points in the first half, taking a 15-point lead into the fourth quarter and closing out the Washington Wizards for a 125-118 win.
Washington got within 108-104 with 5:33 to go, but with the Nets still holding a four-point lead a minute later, they put together a 9-0 run that sealed the game.
Spencer Dinwiddie made 3-of-4 in two trips to the line, followed by Rondae Hollis-Jefferson making 1-of-2. A Joe Harris 3-pointer made it 120-109, and Harris followed with a drive that drew a goaltend for a 13-point lead with 2:212 remaining.
Dinwiddie led the Nets with 27 points, two nights after scoring a career-high 39 in Philadelphia. Harris had 19 with two late threes. Rookie Rodions Kurucs notched a career-high 15 points and Hollis-Jefferson matched that and added a team-high nine rebounds.
Jarrett Allen and DeMarre Carroll each had 12 points.
The Nets shot 52.4 percent from the field.
The Nets put up their highest scoring quarter and half of the season in taking a 70-59 halftime lead while shooting 57.8 percent overall and 42.9 percent from 3-point range over the first 24 minutes.
Down 31-27 going into the second quarter, they opened the quarter with a 10-2 run to take a 37-33 lead. A 10-2 burst featured five points from Hollis-Jefferson as Brooklyn went up 57-45 with 4:25 to go in the half. They took their biggest lead of the half with when Dinwiddie knocked down a step-back three and followed with two free throws fora 67-53 edge.
Late 3-pointers by Austin Rivers and Bradley Beal kept Washington close and Carroll's free throw capped a 43-point quarter for the Nets.
Dinwiddie scored 10 of Brooklyn's final 13 points of the third quarter as the Nets pulled out to a 101-85 lead going into the fourth.
The Nets host the Atlanta Hawks on Sunday and the Los Angeles Lakers on Tuesday before visiting the Chicago Bulls on Wednesday.
Allen, Jarrett, Carroll, DeMarre, Dinwiddie, Spencer, Harris, Joe, Hollis-Jefferson, Rondae
Brooklyn Nets Game Leaders
Upcoming Home Games
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Game between the Brooklyn Nets and the Orlando Magic played on Fri July 6th 2018. The Magic beat the Nets 86 to 80. led the scoring with 19 points, led in assists with 4 assists, and led by grabbing 8 rebounds.
FridayFri Jul 06 Cox Pavilion, Las Vegas, NV
TEAM LEADERS OF THE GAME
8RBS
4ASTS
Moreexpand game info
Game between the Oklahoma City Thunder and the Brooklyn Nets played on Sat July 7th 2018. The Thunder beat the Nets 90 to 76. led the scoring with 16 points, led in assists with 6 assists, and led by grabbing 7 rebounds.
SaturdaySat Jul 07 Cox Pavilion, Las Vegas, NV
Game between the Brooklyn Nets and the Minnesota Timberwolves played on Mon July 9th 2018. The Timberwolves beat the Nets 78 to 69. led the scoring with 14 points, led in assists with 5 assists, and led by grabbing 12 rebounds.
MondayMon Jul 09 Cox Pavilion, Las Vegas, NV
12RBS
Game between the Brooklyn Nets and the Houston Rockets played on Wed July 11th 2018. The Rockets beat the Nets 109 to 102. led the scoring with 21 points, led in assists with 6 assists, and led by grabbing 11 rebounds.
WednesdayWed Jul 11 Cox Pavilion, Las Vegas, NV
Game between the Brooklyn Nets and the Indiana Pacers played on Fri July 13th 2018. The Pacers beat the Nets 116 to 79. led the scoring with 19 points, led in assists with 5 assists, and led by grabbing 9 rebounds.
Game between the New York Knicks and the Brooklyn Nets played on Wed October 3rd 2018. The Knicks beat the Nets 107 to 102. Caris LeVert led the scoring with 15 points, Spencer Dinwiddie led in assists with 6 assists, and Treveon Graham led by grabbing 9 rebounds.
WednesdayWed Oct 03 Barclays Center, Brooklyn, NY
C. LeVert
T. Graham
S. Dinwiddie
Game between the Brooklyn Nets and the Detroit Pistons played on Mon October 8th 2018. The Nets beat the Pistons 110 to 108. D'Angelo Russell led the scoring with 25 points, Caris LeVert led in assists with 8 assists, and Ed Davis led by grabbing 10 rebounds.
MondayMon Oct 08 Little Caesars Arena, Detroit, MI
W 110-108OT1
D. Russell
E. Davis
Game between the Brooklyn Nets and the Toronto Raptors played on Wed October 10th 2018. The Raptors beat the Nets 118 to 91. Jarrett Allen led the scoring with 24 points, Spencer Dinwiddie led in assists with 8 assists, and D'Angelo Russell led by grabbing 7 rebounds.
WednesdayWed Oct 10 Bell Centre, Montreal, QC
Game between the Brooklyn Nets and the New York Knicks played on Fri October 12th 2018. The Nets beat the Knicks 113 to 107. Spencer Dinwiddie led the scoring with 19 points, D'Angelo Russell led in assists with 8 assists, and Ed Davis led by grabbing 8 rebounds.
FridayFri Oct 12 Madison Square Garden, New York, NY
W 113-107
Game between the Brooklyn Nets and the Detroit Pistons played on Wed October 17th 2018. The Pistons beat the Nets 103 to 100. Caris LeVert led the scoring with 27 points, Spencer Dinwiddie led in assists with 6 assists, and Jarrett Allen led by grabbing 10 rebounds.
WednesdayWed Oct 17 Little Caesars Arena, Detroit, MI
Game between the New York Knicks and the Brooklyn Nets played on Fri October 19th 2018. The Nets beat the Knicks 107 to 105. Caris LeVert led the scoring with 28 points, D'Angelo Russell led in assists with 6 assists, and Jarrett Allen led by grabbing 11 rebounds.
FridayFri Oct 19 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the Indiana Pacers played on Sat October 20th 2018. The Pacers beat the Nets 132 to 112. Joe Harris led the scoring with 19 points, D'Angelo Russell led in assists with 7 assists, and Ed Davis led by grabbing 8 rebounds.
SaturdaySat Oct 20 Bankers Life Fieldhouse, Indianapolis, IN
J. Harris
Game between the Brooklyn Nets and the Cleveland Cavaliers played on Wed October 24th 2018. The Nets beat the Cavaliers 102 to 86. D'Angelo Russell led the scoring with 18 points, D'Angelo Russell led in assists with 8 assists, and Ed Davis led by grabbing 10 rebounds.
WednesdayWed Oct 24 Quicken Loans Arena, Cleveland, OH
W 102-86
Game between the Brooklyn Nets and the New Orleans Pelicans played on Fri October 26th 2018. The Pelicans beat the Nets 117 to 115. D'Angelo Russell led the scoring with 24 points, Spencer Dinwiddie led in assists with 5 assists, and Ed Davis led by grabbing 11 rebounds.
FridayFri Oct 26 Smoothie King Center, New Orleans, LA
Game between the Golden State Warriors and the Brooklyn Nets played on Sun October 28th 2018. The Warriors beat the Nets 120 to 114. D'Angelo Russell led the scoring with 25 points, Caris LeVert led in assists with 7 assists, and Ed Davis led by grabbing 7 rebounds.
SundaySun Oct 28 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the New York Knicks played on Mon October 29th 2018. The Knicks beat the Nets 115 to 96. Spencer Dinwiddie led the scoring with 17 points, Caris LeVert led in assists with 5 assists, and Rondae Hollis-Jefferson led by grabbing 7 rebounds.
MondayMon Oct 29 Madison Square Garden, New York, NY
R. Hollis-Jefferson
Game between the Detroit Pistons and the Brooklyn Nets played on Wed October 31st 2018. The Nets beat the Pistons 120 to 119. Spencer Dinwiddie led the scoring with 25 points, Caris LeVert led in assists with 6 assists, and Ed Davis led by grabbing 10 rebounds.
Game between the Houston Rockets and the Brooklyn Nets played on Fri November 2nd 2018. The Rockets beat the Nets 119 to 111. Caris LeVert led the scoring with 29 points, Joe Harris led in assists with 4 assists, and Jarrett Allen led by grabbing 8 rebounds.
FridayFri Nov 02 Barclays Center, Brooklyn, NY
Game between the Philadelphia 76ers and the Brooklyn Nets played on Sun November 4th 2018. The Nets beat the 76ers 122 to 97. D'Angelo Russell led the scoring with 21 points, Spencer Dinwiddie led in assists with 8 assists, and Jarrett Allen led by grabbing 10 rebounds.
SundaySun Nov 04 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the Phoenix Suns played on Tue November 6th 2018. The Nets beat the Suns 104 to 82. Caris LeVert led the scoring with 26 points, Jarrett Allen led in assists with 5 assists, and Ed Davis led by grabbing 12 rebounds.
TuesdayTue Nov 06 Talking Stick Resort Arena, Phoenix, AZ
Game between the Brooklyn Nets and the Denver Nuggets played on Fri November 9th 2018. The Nets beat the Nuggets 112 to 110. D'Angelo Russell led the scoring with 23 points, Spencer Dinwiddie led in assists with 6 assists, and Jarrett Allen led by grabbing 9 rebounds.
FridayFri Nov 09 Pepsi Center, Denver, CO
Game between the Brooklyn Nets and the Golden State Warriors played on Sat November 10th 2018. The Warriors beat the Nets 116 to 100. Joe Harris led the scoring with 24 points, Spencer Dinwiddie led in assists with 6 assists, and Jarrett Allen led by grabbing 7 rebounds.
SaturdaySat Nov 10 ORACLE Arena, Oakland, CA
Game between the Brooklyn Nets and the Minnesota Timberwolves played on Mon November 12th 2018. The Timberwolves beat the Nets 120 to 113. D'Angelo Russell led the scoring with 31 points, D'Angelo Russell led in assists with 6 assists, and Ed Davis led by grabbing 14 rebounds.
MondayMon Nov 12 Target Center, Minneapolis, MN
Game between the Miami Heat and the Brooklyn Nets played on Wed November 14th 2018. The Heat beat the Nets 120 to 107. Spencer Dinwiddie led the scoring with 18 points, D'Angelo Russell led in assists with 5 assists, and Ed Davis led by grabbing 9 rebounds.
WednesdayWed Nov 14 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the Washington Wizards played on Fri November 16th 2018. The Nets beat the Wizards 115 to 104. Spencer Dinwiddie led the scoring with 25 points, Spencer Dinwiddie led in assists with 8 assists, and Jarrett Allen led by grabbing 12 rebounds.
FridayFri Nov 16 Capital One Arena, Washington, DC
Game between the LA Clippers and the Brooklyn Nets played on Sat November 17th 2018. The Clippers beat the Nets 127 to 119. Jarrett Allen led the scoring with 24 points, D'Angelo Russell led in assists with 10 assists, and Jarrett Allen led by grabbing 11 rebounds.
SaturdaySat Nov 17 Barclays Center, Brooklyn, NY
10ASTS
Game between the Brooklyn Nets and the Miami Heat played on Tue November 20th 2018. The Nets beat the Heat 104 to 92. D'Angelo Russell led the scoring with 20 points, Spencer Dinwiddie led in assists with 7 assists, and Jarrett Allen led by grabbing 14 rebounds.
TuesdayTue Nov 20 AmericanAirlines Arena, Miami, FL
Game between the Brooklyn Nets and the Dallas Mavericks played on Wed November 21st 2018. The Mavericks beat the Nets 119 to 113. Allen Crabbe led the scoring with 27 points, Spencer Dinwiddie led in assists with 7 assists, and Ed Davis led by grabbing 9 rebounds.
WednesdayWed Nov 21 American Airlines Center, Dallas, TX
A. Crabbe
Game between the Minnesota Timberwolves and the Brooklyn Nets played on Fri November 23rd 2018. The Timberwolves beat the Nets 112 to 102. Joe Harris led the scoring with 18 points, Spencer Dinwiddie led in assists with 8 assists, and DeMarre Carroll led by grabbing 7 rebounds.
D. Carroll
Game between the Philadelphia 76ers and the Brooklyn Nets played on Sun November 25th 2018. The 76ers beat the Nets 127 to 125. D'Angelo Russell led the scoring with 38 points, D'Angelo Russell led in assists with 8 assists, and Jarrett Allen led by grabbing 10 rebounds.
Game between the Utah Jazz and the Brooklyn Nets played on Wed November 28th 2018. The Jazz beat the Nets 101 to 91. Spencer Dinwiddie led the scoring with 18 points, D'Angelo Russell led in assists with 7 assists, and Rondae Hollis-Jefferson led by grabbing 11 rebounds.
Game between the Memphis Grizzlies and the Brooklyn Nets played on Fri November 30th 2018. The Grizzlies beat the Nets 131 to 125. D'Angelo Russell led the scoring with 26 points, D'Angelo Russell led in assists with 8 assists, and Jarrett Allen led by grabbing 12 rebounds.
L 125-131OT2
Game between the Brooklyn Nets and the Washington Wizards played on Sat December 1st 2018. The Wizards beat the Nets 102 to 88. Allen Crabbe led the scoring with 14 points, Spencer Dinwiddie led in assists with 8 assists, and Rondae Hollis-Jefferson led by grabbing 8 rebounds.
SaturdaySat Dec 01 Capital One Arena, Washington, DC
Game between the Cleveland Cavaliers and the Brooklyn Nets played on Mon December 3rd 2018. The Cavaliers beat the Nets 99 to 97. D'Angelo Russell led the scoring with 30 points, D'Angelo Russell led in assists with 6 assists, and Ed Davis led by grabbing 10 rebounds.
MondayMon Dec 03 Barclays Center, Brooklyn, NY
Game between the Oklahoma City Thunder and the Brooklyn Nets played on Wed December 5th 2018. The Thunder beat the Nets 114 to 112. Allen Crabbe led the scoring with 22 points, Rondae Hollis-Jefferson led in assists with 6 assists, and Rondae Hollis-Jefferson led by grabbing 9 rebounds.
WednesdayWed Dec 05 Barclays Center, Brooklyn, NY
Game between the Toronto Raptors and the Brooklyn Nets played on Fri December 7th 2018. The Nets beat the Raptors 106 to 105. D'Angelo Russell led the scoring with 29 points, Spencer Dinwiddie led in assists with 8 assists, and Ed Davis led by grabbing 15 rebounds.
FridayFri Dec 07 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the New York Knicks played on Sat December 8th 2018. The Nets beat the Knicks 112 to 104. Spencer Dinwiddie led the scoring with 25 points, D'Angelo Russell led in assists with 11 assists, and Jarrett Allen led by grabbing 12 rebounds.
SaturdaySat Dec 08 Madison Square Garden, New York, NY
Game between the Brooklyn Nets and the Philadelphia 76ers played on Wed December 12th 2018. The Nets beat the 76ers 127 to 124. Spencer Dinwiddie led the scoring with 39 points, D'Angelo Russell led in assists with 7 assists, and Ed Davis led by grabbing 10 rebounds.
WednesdayWed Dec 12 Wells Fargo Center, Philadelphia, PA
Game between the Washington Wizards and the Brooklyn Nets played on Fri December 14th 2018. The Nets beat the Wizards 125 to 118. Spencer Dinwiddie led the scoring with 27 points, D'Angelo Russell led in assists with 9 assists, and Rondae Hollis-Jefferson led by grabbing 9 rebounds.
Game between the Atlanta Hawks and the Brooklyn Nets played on Sun December 16th 2018. The Nets beat the Hawks 144 to 127. D'Angelo Russell led the scoring with 32 points, D'Angelo Russell led in assists with 7 assists, and Ed Davis led by grabbing 10 rebounds.
SundaySun Dec 16 Barclays Center, Brooklyn, NY
Game between the Los Angeles Lakers and the Brooklyn Nets played on Tue December 18th 2018. The Nets beat the Lakers 115 to 110. D'Angelo Russell led the scoring with 22 points, D'Angelo Russell led in assists with 13 assists, and Rondae Hollis-Jefferson led by grabbing 8 rebounds.
TuesdayTue Dec 18 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the Chicago Bulls played on Wed December 19th 2018. The Nets beat the Bulls 96 to 93. Spencer Dinwiddie led the scoring with 27 points, Joe Harris led in assists with 4 assists, and Jarrett Allen led by grabbing 12 rebounds.
WednesdayWed Dec 19 United Center, Chicago, IL
Game between the Indiana Pacers and the Brooklyn Nets played on Fri December 21st 2018. The Pacers beat the Nets 114 to 106. Rodions Kurucs led the scoring with 24 points, D'Angelo Russell led in assists with 9 assists, and Ed Davis led by grabbing 10 rebounds.
R. Kurucs
Game between the Phoenix Suns and the Brooklyn Nets played on Sun December 23rd 2018. The Nets beat the Suns 111 to 103. Spencer Dinwiddie led the scoring with 24 points, D'Angelo Russell led in assists with 8 assists, and Rodions Kurucs led by grabbing 10 rebounds.
Game between the Charlotte Hornets and the Brooklyn Nets played on Wed December 26th 2018. The Nets beat the Hornets 134 to 132. Spencer Dinwiddie led the scoring with 37 points, Spencer Dinwiddie led in assists with 11 assists, and Rondae Hollis-Jefferson led by grabbing 15 rebounds.
Game between the Brooklyn Nets and the Charlotte Hornets played on Fri December 28th 2018. The Hornets beat the Nets 100 to 87. D'Angelo Russell led the scoring with 33 points, Spencer Dinwiddie led in assists with 5 assists, and Ed Davis led by grabbing 11 rebounds.
FridayFri Dec 28 Spectrum Center, Charlotte, NC
Game between the Brooklyn Nets and the Milwaukee Bucks played on Sat December 29th 2018. The Bucks beat the Nets 129 to 115. Shabazz Napier led the scoring with 32 points, Shabazz Napier led in assists with 7 assists, and Kenneth Faried led by grabbing 10 rebounds.
SaturdaySat Dec 29 Fiserv Forum, Milwaukee, WI
S. Napier
K. Faried
Game between the New Orleans Pelicans and the Brooklyn Nets played on Wed January 2nd 2019. The Nets beat the Pelicans 126 to 121. D'Angelo Russell led the scoring with 22 points, D'Angelo Russell led in assists with 13 assists, and Ed Davis led by grabbing 12 rebounds.
WednesdayWed Jan 02 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the Memphis Grizzlies played on Fri January 4th 2019. The Nets beat the Grizzlies 109 to 100. D'Angelo Russell led the scoring with 23 points, D'Angelo Russell led in assists with 10 assists, and Jarrett Allen led by grabbing 12 rebounds.
FridayFri Jan 04 FedEx Forum, Memphis, TN
Game between the Brooklyn Nets and the Chicago Bulls played on Sun January 6th 2019. The Nets beat the Bulls 117 to 100. D'Angelo Russell led the scoring with 28 points, D'Angelo Russell led in assists with 5 assists, and Ed Davis led by grabbing 13 rebounds.
SundaySun Jan 06 United Center, Chicago, IL
Game between the Brooklyn Nets and the Boston Celtics played on Mon January 7th 2019. The Celtics beat the Nets 116 to 95. Rodions Kurucs led the scoring with 24 points, Shabazz Napier led in assists with 6 assists, and Kenneth Faried led by grabbing 12 rebounds.
MondayMon Jan 07 TD Garden, Boston, MA
Game between the Atlanta Hawks and the Brooklyn Nets played on Wed January 9th 2019. The Nets beat the Hawks 116 to 100. D'Angelo Russell led the scoring with 23 points, Spencer Dinwiddie led in assists with 5 assists, and Ed Davis led by grabbing 16 rebounds.
Game between the Brooklyn Nets and the Toronto Raptors played on Fri January 11th 2019. The Raptors beat the Nets 122 to 105. D'Angelo Russell led the scoring with 24 points, D'Angelo Russell led in assists with 9 assists, and Jarrett Allen led by grabbing 12 rebounds.
FridayFri Jan 11 Scotiabank Arena, Toronto, ON
Game between the Boston Celtics and the Brooklyn Nets played on Mon January 14th 2019. The Nets beat the Celtics 109 to 102. D'Angelo Russell led the scoring with 34 points, D'Angelo Russell led in assists with 7 assists, and DeMarre Carroll led by grabbing 14 rebounds.
MondayMon Jan 14 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the Houston Rockets played on Wed January 16th 2019. The Nets beat the Rockets 145 to 142. Spencer Dinwiddie led the scoring with 33 points, Spencer Dinwiddie led in assists with 10 assists, and Jarrett Allen led by grabbing 24 rebounds.
WednesdayWed Jan 16 Toyota Center, Houston, TX
Game between the Brooklyn Nets and the Orlando Magic played on Fri January 18th 2019. The Nets beat the Magic 117 to 115. D'Angelo Russell led the scoring with 40 points, D'Angelo Russell led in assists with 7 assists, and Jarrett Allen led by grabbing 10 rebounds.
FridayFri Jan 18 Amway Center, Orlando, FL
Game between the Sacramento Kings and the Brooklyn Nets played on Mon January 21st 2019. The Nets beat the Kings 123 to 94. D'Angelo Russell led the scoring with 31 points, D'Angelo Russell led in assists with 8 assists, and Ed Davis led by grabbing 16 rebounds.
Game between the Orlando Magic and the Brooklyn Nets played on Wed January 23rd 2019. The Nets beat the Magic 114 to 110. Spencer Dinwiddie led the scoring with 29 points, D'Angelo Russell led in assists with 10 assists, and Jarrett Allen led by grabbing 11 rebounds.
Game between the New York Knicks and the Brooklyn Nets played on Fri January 25th 2019. The Nets beat the Knicks 109 to 99. Theo Pinson led the scoring with 19 points, D'Angelo Russell led in assists with 4 assists, and Ed Davis led by grabbing 16 rebounds.
FridayFri Jan 25 Barclays Center, Brooklyn, NY
T. Pinson
Game between the Brooklyn Nets and the Boston Celtics played on Mon January 28th 2019. The Celtics beat the Nets 112 to 104. D'Angelo Russell led the scoring with 25 points, Shabazz Napier led in assists with 5 assists, and Ed Davis led by grabbing 11 rebounds.
Game between the Chicago Bulls and the Brooklyn Nets played on Tue January 29th 2019. The Nets beat the Bulls 122 to 117. led the scoring with 30 points, led in assists with 7 assists, and led by grabbing 8 rebounds.
TuesdayTue Jan 29 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the San Antonio Spurs played on Thu January 31st 2019. The Spurs beat the Nets 117 to 114. D'Angelo Russell led the scoring with 25 points, D'Angelo Russell led in assists with 9 assists, and Ed Davis led by grabbing 11 rebounds.
ThursdayThu Jan 31 AT&T Center, San Antonio, TX
Game between the Brooklyn Nets and the Orlando Magic played on Sat February 2nd 2019. The Magic beat the Nets 102 to 89. D'Angelo Russell led the scoring with 23 points, D'Angelo Russell led in assists with 6 assists, and Ed Davis led by grabbing 16 rebounds.
SaturdaySat Feb 02 Amway Center, Orlando, FL
Game between the Milwaukee Bucks and the Brooklyn Nets played on Mon February 4th 2019. The Bucks beat the Nets 113 to 94. D'Angelo Russell led the scoring with 18 points, D'Angelo Russell led in assists with 5 assists, and Jarrett Allen led by grabbing 11 rebounds.
MondayMon Feb 04 Barclays Center, Brooklyn, NY
Game between the Denver Nuggets and the Brooklyn Nets played on Wed February 6th 2019. The Nets beat the Nuggets 135 to 130. D'Angelo Russell led the scoring with 27 points, D'Angelo Russell led in assists with 11 assists, and DeMarre Carroll led by grabbing 10 rebounds.
WednesdayWed Feb 06 Barclays Center, Brooklyn, NY
Game between the Chicago Bulls and the Brooklyn Nets played on Fri February 8th 2019. The Bulls beat the Nets 125 to 106. D'Angelo Russell led the scoring with 23 points, D'Angelo Russell led in assists with 6 assists, and Jarrett Allen led by grabbing 10 rebounds.
FridayFri Feb 08 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the Toronto Raptors played on Mon February 11th 2019. The Raptors beat the Nets 127 to 125. D'Angelo Russell led the scoring with 28 points, D'Angelo Russell led in assists with 14 assists, and D'Angelo Russell led by grabbing 7 rebounds.
MondayMon Feb 11 Scotiabank Arena, Toronto, ON
Game between the Brooklyn Nets and the Cleveland Cavaliers played on Wed February 13th 2019. The Nets beat the Cavaliers 148 to 139. D'Angelo Russell led the scoring with 36 points, Caris LeVert led in assists with 9 assists, and Jarrett Allen led by grabbing 12 rebounds.
WednesdayWed Feb 13 Quicken Loans Arena, Cleveland, OH
Game between the Portland Trail Blazers and the Brooklyn Nets played on Thu February 21st 2019. The Trail Blazers beat the Nets 113 to 99. Allen Crabbe led the scoring with 17 points, Shabazz Napier led in assists with 10 assists, and Jarrett Allen led by grabbing 11 rebounds.
ThursdayThu Feb 21 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the Charlotte Hornets played on Sat February 23rd 2019. The Nets beat the Hornets 117 to 115. D'Angelo Russell led the scoring with 40 points, D'Angelo Russell led in assists with 7 assists, and Jarrett Allen led by grabbing 11 rebounds.
SaturdaySat Feb 23 Spectrum Center, Charlotte, NC
Game between the San Antonio Spurs and the Brooklyn Nets played on Mon February 25th 2019. The Nets beat the Spurs 101 to 85. D'Angelo Russell led the scoring with 23 points, D'Angelo Russell led in assists with 8 assists, and DeMarre Carroll led by grabbing 12 rebounds.
Game between the Washington Wizards and the Brooklyn Nets played on Wed February 27th 2019. The Wizards beat the Nets 125 to 116. D'Angelo Russell led the scoring with 28 points, D'Angelo Russell led in assists with 7 assists, and Treveon Graham led by grabbing 7 rebounds.
Game between the Charlotte Hornets and the Brooklyn Nets played on Fri March 1st 2019. The Hornets beat the Nets 123 to 112. D'Angelo Russell led the scoring with 22 points, D'Angelo Russell led in assists with 9 assists, and Joe Harris led by grabbing 7 rebounds.
FridayFri Mar 01 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the Miami Heat played on Sat March 2nd 2019. The Heat beat the Nets 117 to 88. Joe Harris led the scoring with 15 points, D'Angelo Russell led in assists with 8 assists, and Rodions Kurucs led by grabbing 7 rebounds.
SaturdaySat Mar 02 AmericanAirlines Arena, Miami, FL
Game between the Dallas Mavericks and the Brooklyn Nets played on Mon March 4th 2019. The Nets beat the Mavericks 127 to 88. DeMarre Carroll led the scoring with 22 points, D'Angelo Russell led in assists with 11 assists, and Ed Davis led by grabbing 10 rebounds.
MondayMon Mar 04 Barclays Center, Brooklyn, NY
Game between the Cleveland Cavaliers and the Brooklyn Nets played on Wed March 6th 2019. The Nets beat the Cavaliers 113 to 107. Spencer Dinwiddie led the scoring with 28 points, D'Angelo Russell led in assists with 5 assists, and Ed Davis led by grabbing 12 rebounds.
WednesdayWed Mar 06 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the Atlanta Hawks played on Sat March 9th 2019. The Nets beat the Hawks 114 to 112. Spencer Dinwiddie led the scoring with 23 points, Spencer Dinwiddie led in assists with 7 assists, and Jarrett Allen led by grabbing 12 rebounds.
SaturdaySat Mar 09 State Farm Arena, Atlanta, GA
Game between the Detroit Pistons and the Brooklyn Nets played on Mon March 11th 2019. The Nets beat the Pistons 103 to 75. Spencer Dinwiddie led the scoring with 19 points, D'Angelo Russell led in assists with 7 assists, and Allen Crabbe led by grabbing 10 rebounds.
Game between the Brooklyn Nets and the Oklahoma City Thunder played on Wed March 13th 2019. The Thunder beat the Nets 108 to 96. led the scoring with 25 points, led in assists with 7 assists, and led by grabbing 11 rebounds.
WednesdayWed Mar 13 Chesapeake Energy Arena, Oklahoma City, OK
Game between the Brooklyn Nets and the Utah Jazz played on Sat March 16th 2019. The Jazz beat the Nets 114 to 98. led the scoring with 22 points, led in assists with 4 assists, and led by grabbing 11 rebounds.
SaturdaySat Mar 16 Vivint Smart Home Arena, Salt Lake City, UT
Game between the Brooklyn Nets and the LA Clippers played on Sun March 17th 2019. The Clippers beat the Nets 119 to 116. D'Angelo Russell led the scoring with 32 points, D'Angelo Russell led in assists with 10 assists, and Jarrett Allen led by grabbing 11 rebounds.
SundaySun Mar 17 Staples Center, Los Angeles, CA
Game between the Brooklyn Nets and the Sacramento Kings played on Tue March 19th 2019. The Nets beat the Kings 123 to 121. D'Angelo Russell led the scoring with 44 points, D'Angelo Russell led in assists with 12 assists, and Jarrett Allen led by grabbing 7 rebounds.
TuesdayTue Mar 19 Golden 1 Center, Sacramento, CA
Game between the Brooklyn Nets and the Los Angeles Lakers played on Fri March 22nd 2019. The Nets beat the Lakers 111 to 106. Joe Harris led the scoring with 26 points, D'Angelo Russell led in assists with 13 assists, and Ed Davis led by grabbing 15 rebounds.
FridayFri Mar 22 Staples Center, Los Angeles, CA
Game between the Brooklyn Nets and the Portland Trail Blazers played on Mon March 25th 2019. The Trail Blazers beat the Nets 148 to 144. D'Angelo Russell led the scoring with 39 points, D'Angelo Russell led in assists with 8 assists, and Ed Davis led by grabbing 14 rebounds.
MondayMon Mar 25 Moda Center, Portland, OR
Game between the Brooklyn Nets and the Philadelphia 76ers played on Thu March 28th 2019. The 76ers beat the Nets 123 to 110. Joe Harris led the scoring with 22 points, D'Angelo Russell led in assists with 8 assists, and Rondae Hollis-Jefferson led by grabbing 10 rebounds.
ThursdayThu Mar 28 Wells Fargo Center, Philadelphia, PA
Game between the Boston Celtics and the Brooklyn Nets played on Sat March 30th 2019. The Nets beat the Celtics 110 to 96. D'Angelo Russell led the scoring with 29 points, D'Angelo Russell led in assists with 10 assists, and Joe Harris led by grabbing 8 rebounds.
SaturdaySat Mar 30 Barclays Center, Brooklyn, NY
Game between the Milwaukee Bucks and the Brooklyn Nets played on Mon April 1st 2019. The Bucks beat the Nets 131 to 121. D'Angelo Russell led the scoring with 28 points, Caris LeVert led in assists with 6 assists, and Ed Davis led by grabbing 14 rebounds.
MondayMon Apr 01 Barclays Center, Brooklyn, NY
Game between the Toronto Raptors and the Brooklyn Nets played on Wed April 3rd 2019. The Raptors beat the Nets 115 to 105. D'Angelo Russell led the scoring with 27 points, D'Angelo Russell led in assists with 6 assists, and Jarrett Allen led by grabbing 9 rebounds.
WednesdayWed Apr 03 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the Milwaukee Bucks played on Sat April 6th 2019. The Nets beat the Bucks 133 to 128. D'Angelo Russell led the scoring with 25 points, D'Angelo Russell led in assists with 10 assists, and Jarrett Allen led by grabbing 7 rebounds.
SaturdaySat Apr 06 Fiserv Forum, Milwaukee, WI
Game between the Brooklyn Nets and the Indiana Pacers played on Sun April 7th 2019. The Nets beat the Pacers 108 to 96. D'Angelo Russell led the scoring with 20 points, D'Angelo Russell led in assists with 6 assists, and Rodions Kurucs led by grabbing 7 rebounds.
SundaySun Apr 07 Bankers Life Fieldhouse, Indianapolis, IN
Game between the Miami Heat and the Brooklyn Nets played on Wed April 10th 2019. The Nets beat the Heat 113 to 94. D'Angelo Russell led the scoring with 21 points, D'Angelo Russell led in assists with 5 assists, and Jarrett Allen led by grabbing 14 rebounds.
Game between the Brooklyn Nets and the Philadelphia 76ers played on Sat April 13th 2019. The Nets beat the 76ers 111 to 102. D'Angelo Russell led the scoring with 26 points, D'Angelo Russell led in assists with 4 assists, and Ed Davis led by grabbing 16 rebounds.
SaturdaySat Apr 13 Wells Fargo Center, Philadelphia, PA
Game between the Brooklyn Nets and the Philadelphia 76ers played on Mon April 15th 2019. The 76ers beat the Nets 145 to 123. Spencer Dinwiddie led the scoring with 19 points, Jarrett Allen led in assists with 4 assists, and Jarrett Allen led by grabbing 6 rebounds.
MondayMon Apr 15 Wells Fargo Center, Philadelphia, PA
Game between the Philadelphia 76ers and the Brooklyn Nets played on Thu April 18th 2019. The 76ers beat the Nets 131 to 115. D'Angelo Russell led the scoring with 26 points, D'Angelo Russell led in assists with 3 assists, and Caris LeVert led by grabbing 7 rebounds.
ThursdayThu Apr 18 Barclays Center, Brooklyn, NY
Game between the Philadelphia 76ers and the Brooklyn Nets played on Sat April 20th 2019. The 76ers beat the Nets 112 to 108. Caris LeVert led the scoring with 25 points, Caris LeVert led in assists with 6 assists, and Jarrett Allen led by grabbing 8 rebounds.
SaturdaySat Apr 20 Barclays Center, Brooklyn, NY
Game between the Brooklyn Nets and the Philadelphia 76ers played on Tue April 23rd 2019. The 76ers beat the Nets 122 to 100. Rondae Hollis-Jefferson led the scoring with 21 points, Shabazz Napier led in assists with 10 assists, and Jarrett Allen led by grabbing 9 rebounds.
TuesdayTue Apr 23 Wells Fargo Center, Philadelphia, PA
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Jazz Music Genres List
The most comprehensive list of Jazz Music genres available on the Internet
The Music Genres List site covers many of the most popular styles of jazz music, we hope this becomes the definitive list of jazz music genres on the Internet, send an email to add @ musicgenreslist dot com if you feel any jazz music genres are missing and we’ll add to complete the music list.
Acid Jazz (with thx to Hunter Nelson)
Blue Note (with thx to Jillian Edwards)
Crossover Jazz
Ethio-jazz (with thx to Jillian Edwards)
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A Brief History Of Jazz – www.allmusic.com
One of the major questions that will go forever unanswered is “How did jazz start?” The first jazz recording was in 1917 but the music existed in at least primitive forms for 20 years before that. Influenced by classical music, marches, spirituals, work songs, ragtime, blues and the popular music of the period, jazz was already a distinctive form of music by the time it was first documented.
The chances are that the earliest jazz was played by unschooled musicians in New Orleans marching bands. Music was a major part of life in New Orleans from at least the 1890’s with brass bands hired to play at parades, funerals, parties and dances. It stands to reason that the musicians (who often did not read music) did not simply play the melodies continuously but came up with variations to keep the performances interesting.
Since cornetist Buddy Bolden (the first famous musician to be considered a jazz player) formed his band in 1895, one can use that year as a symbolic birthdate for jazz. During the next two decades the undocumented music progressed but probably at a slow pace. Bolden (whose worsening mental illness led to him being committed in 1906) was succeeded by Freddie Keppard as the top New Orleans cornetist and Keppard was eventually surpassed by King Oliver. Although some New Orleans musicians traveled up North, jazz remained strictly a regional music until the World War I. years.
On Jan. 30, 1917 a white group immodestly called “The Original Dixieland Jazz Band” recorded “Darktown Strutters’ Ball” and “Indiana” for Columbia. The often-riotous music was considered too radical to be released at the time so on Feb. 26 the ODJB went to Victor and recorded “Livery Stable Blues” and”‘The original Dixieland One Step.” The latter performances were immediately released,, “Livery Stable Blues” (which featured the horns imitating animals!) became a best-seller and jazz was discovered, sort of. Within a short period of time other groups were recorded playing in a similar all-ensemble style (the ODJB had virtually no solos). Jazz became a fad for a few years (as promoters rushed to make money off of the new music) and the Original Dixieland Jazz Band in 1919 was a sensation in London. HoweveIr it would be a few years before black jazz musicians were recorded, leading some observers a the time to the false conclusion that whites (and the ODJB in particular) had invented the music! A backlash later on led to others feeling that only blacks could play jazz and that all of the white players were poor imitations. Obviously both beliefs have been proven false many times since then.
In 1920 Mamie Smith recorded the first blues, “Crazy Blues,” and the jazz fad was soon supplanted by a blues craze. However jazz continued to progress and the New Orleans Rhythm Kings (one of the first groups to feature short solos) in 1922 sounded a decade ahead of the ODJB. 1923 was a key year for jazz because during that year King Oliver’s Creole Jazz Band (which had among its sidemen cornetist Louis Armstrong and clarinetist Johnny Dodds), blues singer Bessie Smith and pianist-composer Jelly Roll Morton all made their recording debuts. While King Oliver’s band would be considered the definitive ensemble-oriented New Orleans group, Louis Armstrong would soon permanently change jazz.
In the early 1920’s Chicago was the center of jazz. When Louis Armstrong joined Fletcher Henderson’s big band in New York in 1924, he found that the Big Apple’s musicians (although technically superior) often played with a staccato feeling and without much blues feeling. Armstrong, through his explosive, dramatic and swinging solos with Henderson, was extremely influential in changing the way that jazz musicians phrased and in opening up possibilities for improvisers. In fact it could be argued that Louis Armstrong was chiefly responsible (although it probably would have happened eventually) for jazz’s emphasis shifting from collective improvisation to individual solos, setting the stage for the swing era.
The 1920’s became known as “The Jazz Age” (although as much for its liberal social attitudes as for its music). Jazz began to greatly influence dance bands and even the most commercial outfits started having short solos and a syncopated rhythm section. Louis Armstrong’s remarkable series of Hot Five and Hot Seven recordings inspired other musicians to stretch themselves while his popularization of scat singing and a relaxed vocal phrasing influenced Bing Crosby (who in turn influenced everyone else!). Such players as cornetist Bix Beiderbecke (who had a cooler sound than Armstrong), pianist Jelly Roll Morton (both in solos and with his Red Hot Peppers), pianist James P. Johnson (the king of stride pianists), arranger-composer Duke Ellington and the up-and-coming tenor
Coleman Hawkins became important forces in the jazz world.
By the latter half of the decade, larger jazz-based orchestras had become popular and the collective improvisation to be found in dixieland was going out of style and restricted to smaller groups. When the depression hit, it pushed dixieland almost completely underground for a decade. The general public did not want to be reminded of the carefree days of the 1920’s and instead for a few years preferred ballads and dance music. However when Benny Goodman suddenly became popular in 1935, the newer generation showed that they were interested in doing what they could to overlook the Depression by having a good time and dancing to hard-swinging orchestras. The 1935-46 period was accurately known as the big band era for the large orchestras dominated the pop music charts. During this decade jazz was a large part of popular music, not just as an influence as it had been earlier. Glenn Miller and Artie Shaw had million sellers and Benny Goodman, Count Basie and Duke Ellington were household names and celebrities.
During those years jazz developed in several ways. New soloists (such as pianists Art Tatum and Teddy Wilson, tenorsaxophonist Lester Young and trumpeters Roy Eldridge and Bunny Berigan) came up with alternative styles, big band arranging became more sophisticated, dixieland was revived and rediscovered (Lu Watters’ Yerba Buena Jazz Band was a major force) and jazz was celebrated for the first time as an important part of America. However this golden age of popularity would not last.
Due to jazz’s continual evolution, it was perhaps inevitable that it would eventually advance far ahead of what the general public preferred in its popular music. In the early 1940’s many of the younger musicians sought to move beyond swing music (which was bogging down in cliched arrangements and novelties) and develop their own conception of playing. Altoist Charlie Parker and trumpeter Dizzy Gillespie were the main founders of the new music called bebop or bop but they were not alone and were soon joined by dozens of other musicians. Themes were often quickly discarded as the soloists indulged in more advanced chordal improvisations (leading some critics to ask “Wherels the melody?”), harmonies and rhythms became much more complicated and, most seriously of all, the music was performed less and less for dancers. A recording strike during 1942-44, a prohibitive entertainment tax (which closed many dance halls) and the growing popularity of pop singers doomed the big bands, and the elimination of dance floors at many clubs made jazz into a music strictly for listening By being uplifted to the level of an art music, jazz was isolated from the pop music world and saw its audience shrink drastically as other simpler styles rushed in to fill the gap.
However its commercial decline did not slow down jazz’s artistic growth. Bop, once considered a radical music (the recording strike stopped many listeners from hearing its gradual growth), became a large part of the jazz mainstream by the 1950’s. Cool jazz (or West Coast jazz), which put a greater emphasis on softer tones and arrangements and was at its height in popularity in the mid-50’s, and hard bop (which brought out more soulful elements of jazz that were sometimes discarded in bop) were outgrowths of bebop and had their fans. But it was with the rise of the avant-garde (sometimes called free jazz) that improvised music moved a giant step forward, leaving even more listeners behind!
When Ornette Coleman and his quartet were featured at the Five Spot in New York in 1959, many listeners who were just beginning to accept the music of Thelonious Monk were bewildered. Ornette and his sidemen quickly stated a theme in unison and then improvised very freely without using chords at all! During the same period John Coltrane, who had taken bop to its extreme with the endless number of chords he used in “Giant Steps,” began to jam passionately over simple repetitive vamps. Pianist Cecil Taylor’s percussive atonality owed as much to contemporary classical music as to earlier jazz stylists and Eric Dolphy’s wide interval jumps were completely unpredictable. Avant-garde jazz had arrived!
By the mid-1960’s free jazz was filled with high-energy improvisers who explored sounds as much as notes. Within a few years with the rise of the Art Ensemble of Chicago and Anthony Braxton, space was utilized much more liberally in the music and by the 1970’s many avant-garde artists were spending much of their time integrating improvisations with complex compositions. The music was no long er continuously free form but musicians had complete freedom in their solos to create whatever sounds they felt fit. Although this music has been overshadowed by other styles since the 1970’s, it is still a viable option for creative improvisers and its innovations continue to indirectly influence the modern mainstream of jazz.
The 1970’s are best remembered as the fusion era, when many jazz musicians integrated aspects of rock, r&b and pop into their music. Until the late 60’s, the jazz and rock worlds had stayed pretty much separate but, with the rise of electric keyboards, a great deal of experimentation took place. Miles Davis, who was an innovator in bop, cool jazz, hard bop and his own brand of the avant-garde, became a pacesetter in fusion when he recorded In A Silent Way and Bitches Brew. Groups began to be formed that combined together the improvising and musicianship of jazz with the power and rhythms of rock; most notable were Return To Forever, Weather Report and the Mahavishnu orchestra. By 1975 this movement began to run out of gas artistically but due to its moneymaking potential it has continued up to the present time, often in watered-down form as crossover or instrumental pop and given the inaccurate name of “contemporary jazz.”
The history of jazz from 1920-75 was a constant rush forward with new styles considered out of date within five or ten years. In the 1980’s it suddenly became acceptable to honor the past and to look back before, bop for inspiration. While dixieland had remained quite active as an underground music for decades (it was at its height of popularity in the 1950’s), few in the jazz modern mainstream acknowledged its existence and importance before the 80’s. Wynton Marsalis, who symbolized the decade, began as a trumpeter greatly inspired by the playing of Miles Davis of the mid-60’s. He eventually found his own sound by going back in time and exploring the music of the pre-bop masters, and the result was that (even when he played modern new music) Marsalis was able to come up with fresh approaches by borrowing and adapting ideas from the distant past.
Many of the young players that have followed Marsalis ignore fusion and even most of the innovations of the avant-garde to use hard bop as the basis for their music. It was a rather unusual development to have so many musicians in their twenties playing in a style that was at its prime before their birth, but by the 1990’s many of these “Young Lions” were finally developing their own sounds and starting to build on the earlier innovations.
Nearly all styles of jazz are still active in the 1990’s including dixieland, classic jazz, mainstream (essentially small group swing), bop, hard bop, post-bop, the avant-garde and various forms of fusion. Very much an international music (some of the most stimulating sounds of recent times have come from Europe), the evolution of jazz has definitely slowed down during the past 20 years. At this point in time it is not apparent which direction jazz will go in the future (some cynics even think the music has essentially reached the end of its development), but one can bet that as long as recordings exist (along with the need for self-expression), jazz will survive.
9 comments for “Jazz Music Genres List”
Thanks for the list
Artur Quaresma
THANKS SO MUCH:
note: theres a error in the script of the page
Thanks. Working on a few projects and let this one slide for a few months. I’ll be updating in the next few weeks. Cheers
This list is great!!
Igor Paul
I so much love jazz music but find it difficult to play. Please any help???
Billie Davies
How about including Free Jazz and Nu-jazz on that list and the article should be updated to reference the last 20 years of jazz… it does not stop in the 90’s 😀
What about Doom Jazz?
At the end of the article, how about re-listing the sub-genre’s of jazz but with links to sample audio clips of each sub-genre?
Great idea. Exploring adding clips, just need to be careful about copyright issues. Cheers
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Muslim Aid’s response to The Sunday Telegraph article on 30th November 2014
Dear Mr MacGregor,
I am writing with reference to an article by your London editor, Andrew Gilligan, published on Sunday 30th November 2014 ('Terror link’ charities get British millions in Gift Aid http://www.telegraph.co.uk/news/uknews/terrorism-in-the-uk/11263309/Terror-link-charities-get-British-millions-in-Gift-Aid.html).
We are concerned that this article contains a number of factual errors about our charity, Muslim Aid, which we would like to put on record. This includes inaccuracies which we have previously clarified with Mr Gilligan.
For example, his story erroneously claims that Muslim Aid, which is the UK’s second-largest Muslim NGO, has: “admitted funding organisations closely linked to the banned terror groups Hamas and Palestinian Islamic Jihad.”
This is certainly not the case. Mr Gilligan is repeating accusations he made in a 28th March 2010 Sunday Telegraph article (Hamas link of charity praised by Brown) which both we and the Charity Commission have refuted.
Following Mr Gilligan’s 2010 accusations and a subsequent regulatory inquiry, the Charity Commission found: “no evidence of irregular or improper use of the Charity's funds or any evidence that the Charity had illegally funded any proscribed or designated entities.”
The Commission rejected Mr Gilligan’s criticism of their findings, stating: “By publishing this report, the commission has given a public assurance that public allegations of links between the charity and terrorism are unsubstantiated” (http://www.thirdsector.co.uk/charity-commission-rejects-criticism-muslim-aid-investigation/governance/article/1047280).
Finally, the £1,263,000 that Muslim Aid received in Gift Aid from the Government in 2013 was in accordance with our legal status as a registered British charity. The funds supported both administration costs and aid delivery.
May I take this opportunity to, once again, invite Mr Gilligan – and yourself – to visit our offices and also extend an invitation to view our work in the field.
Hamid Azad
Muslim Aid
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Life July 12, 2018 July 12, 2018
Denmark’s New “Ghetto Package” Is A Threat to Universal Human Rights
(photo: Mogens Engelund, accessed through http://cphpost.dk/news/crime-in-ghettos-down-sharply-figures-show.html, 12-7-18)
The new set of harsh laws aimed at residents of what the Danish ministry of Transport and Housing calls ‘ghettos,’which consist of 25 areas in Denmark with a relatively large Muslim migrant population, has sparked global condemnation by world leaders and human rights activists. The UN’s High Commissioner for Human Right’s Zeid Ra'ad Al Hussein, has called the new “ghetto package” “hugely troubling” and a risk for “heightening racial discrimination against people of migrant origin.” Measures include instructions in ‘Danish values’ and traditions through mandatory daycare for 25 hours a week for children as young as one.
Unfortunately, restrictive and discriminatory measures like these are far from new in Denmark’s ongoing debate over immigration and integration. The current measures are the sixth anti-ghetto policy enforcement effort of its kind in Denmark since 1994, stemming from deeply-rooted anti-Muslim sentiment says Mujahed Sebastian Abassi, Director of the Center for Dansk-Muslimske Relationer (CEDAR). A 2016 survey among 1045 Danes, found that 1 in 3 believes they are at war with Islam, and its followers. In 2016, 20% of all hate crimes targeted Muslims, while they only make up 5% of the general population. A 2017 report by CEDAR shows that as many as 120 regulations in Denmark resulted in limiting freedoms of Muslims in 2016, and that the majority of mainstream Danish newspapers have negative stories about Muslims in Denmark. Yet, only 22% of those same articles make an effort to interview the Muslim community being discussed."
Too often, the term Muslim is used to refer to all migrants of non-western heritage says Bashy Quraishi, secretary general of the European Muslim Initiative for Social Cohesion and board member of the Danish Institute for Human Rights. Quraishi adds that anti-immigration and anti-Muslim activism intentionally uses the term ghetto in connection with Muslims in Denmark to reinforce the image that this population is neither a part of the country or the cultural values Danes value.
The Danish government chooses to use the word dehumanizing and stigmatizing term ‘ghetto’, says Quraishi, “they are very smart in applying this term, they want to dehumanise Muslims. A better term would be socially deprived areas.” Anyone with a few high school history lessons understands that the term ghetto is highly problematic. Ghetto’s were first created by Nazi’s during the Holocaust, as a key step to separate and segregate Jews from the rest of society.
Many of the residents want to leave the areas, but are unable to do so due to their economic status and the Danish housing system. The Danish government and local municipalities are responsible for allocating residents to social housing property, and often refuse access to other areas for immigrants and citizens with low incomes.
Danish officials claim that the new measures are not directly aimed at Muslims and/or Danes with a migrant background. Denmark’s Justice Minister Soren Pape Poulsen justifies the proposals by arguing, “To me this is about, no matter who lives in these areas and who they believe in, they have to profess to the values required to have a good life in Denmark.”
Contrary to such statements, the proposals are clearly designed to assimilate anyone from a non-Danish or non-western background, based on the assumption that their values are not congruent with Danish society already. One of the criteria of what entails a ‘ghetto’ literally is that over 50 percent of residents have non-Western nationality or heritage.
Attempts to teach the ‘non-civilized’ about ‘proper values’ are countless, even in recent European history. The Netherlands is another country where now the phrase ‘integration has failed’ is used in xenophobic political narratives. They also have a history of trying to assimilate minorities; from sending entire families that were seen as ‘socially maladjusted’ to ‘woonscholen’ (housing schools) to be taught how to be good citizens; to the regular checking by Dutch authorities of Indonesian migrant households to see if they were eating potatoes and not rice, in the 1950’s. In this same decade, a group of Inuit children were taken from Greenland and their families in an attempt to be ‘re-educated as model Danish citizens’, but “ended up as a small, rootless and marginalised group on the periphery of their own society”.
All these initiatives have a few things in common: families were classified as ‘problematic’, placed in designated areas, and plunged in a process of so called education and regulation. They were disallowed from speaking their native tongue, received intense courses in ‘citizenship and values,’ were discouraged from their native dress, practises, and customs, and children were taken away from their families for long periods of time. Their Universal Human Rights; the right to equality; freedom from discrimination; freedom from torture and degrading treatment; the right to privacy and the right to life; liberty, and personal security; were disregarded so that they could be ‘civilized’.
By repeating these efforts through the new ‘ghetto package’, the Danish government clearly demonstrates to have not learned from history, or other sources for that matter. Experts, researchers, residents or other key stakeholders where not consulted while drafting the new proposals, says Pernille Skipper, political spokesperson with the left-wing Red-Green alliance. Furthermore,the report A Historical Review of Significantly Marginalised Housing Areas in Denmark, concludes that political attempts and investments in marginalized housing communities have not been able to effectively solve problems faced by marginalized areas.
What can be done? Quraishi is pessimistic. “Nothing can be done. Only 2 out of 179 parliament members have a migrant background, and the largest opposition speaks the same language as the ruling far right. Danish Muslims and communities need to be proactive, become politically and socially active across the country to show their already- integrated lifestyles as Danish. Today, too many Muslim organizations remain silent, with only a few NGOs fighting against discrimination like these ghetto laws.”
In order to claim our Human Rights, Muslims need to stand up against stigmatizing policies like these newly proposed ghetto laws. We need to demonstrate that we are not on the periphery of our societies and ‘in need of saving.’ We need to show that we are a part of the Western societies we live in, and that we contribute to that wholeheartedly. Not because of being grateful for a place here, but because the Islamic values we hold dear - compassion, freedom, and social justice - are also values held high in Denmark.
Fenna ten Berge
Director MPV Nederland
Vice-Chair AIM
MA Gender and Identity in the Middle East
Muslim World Today posted about Denmark’s New “Ghetto Package” Is A Threat to Universal Human Rights on Muslim World Today's Facebook page 2018-07-12 14:35:32 -0400
Denmark’s New “Ghetto Package” Is A Threat to UHR. The Danish government and local municipalities are responsible for allocating residents to social housing property, and often refuse access to other areas for immigrants and citizens with low incomes.
Denmark’s New “Ghetto Package” Is A Threat to UHR. The Danish government and local municipalities are responsible for allocating residents to social housing property, and often refuse access to other areas for immigrants and citizens with low incomes. https://www.muslimworldtoday.org/denmark_s_new_ghetto_package_is_a_threat_to_universal_human_rights?recruiter_id=3917
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Home Community School superintendent Weiss marks 10th year running Island schools
School superintendent Weiss marks 10th year running Island schools
Martha's Vineyard superintendent of schools James H. Weiss. — Susan Safford
The Martha’s Vineyard Public Schools are ready to open for students on Thursday, September 4, after a busy summer of hiring, planning, and facilities projects.
Unlike last year, the superintendent’s office in Vineyard Haven is fully staffed and ready for opening day. At this point last year, we were still awaiting the selection and arrival of a new assistant superintendent, director of student support services, and early childhood coordinator. Thankfully, those positions were filled during the year with Matt D’Andrea as the assistant superintendent, Phil Campbell as the new director of student support services, and Midge Jacobs and Alecia Barnes sharing the early childhood duties.
The big changes this year are at Martha’s Vineyard Regional High School (MVRHS), where we have an almost totally new leadership team. Leading MVRHS will be Gilbert Traverso, who comes to the Island from Springfield where he was the principal of the Putnam Academy. Joining Andrew Berry as an assistant principal will be long-time science teacher Elliott Bennett. The school’s new special education director is Nancy Dugan, who replaces Will Verbits. Nancy worked in Barnstable for many years and comes to the Island from Mashpee, where she served as assistant special education director. Finally, replacing Robert Drobneck as vocational director is Ty Hobbs, who traveled all the way from Alaska to head our vocational programs.
Guidance director Michael McCarthy and technology director Woody Filley will need to provide the historical perspective to their fellow teammates, based upon their many years of service to the students of the Vineyard.
Over the summer, we replaced roofs on the Tisbury and Chilmark Schools, moved several shared services programs to new locations, and did some renovations at the high school. We also purchased two new off-Island buses as well as several smaller special education buses. The process for replacing the superintendent’s office is moving forward with the selection of an owner’s project manager (OPM) and the investigation of various methods of construction – modular or stick-built, for example.
In the curriculum and instruction area, we are moving forward with the shift from MCAS to PARCC testing at the elementary level as well as the continued implementation of the new educator evaluation system. Elementary schools across the Island will all offer a full year of honors algebra to capable eighth graders, as well as pre-algebra to many more. This will have an impact upon the high school in years to come and is the result of many years of work. World language has also seen renewed emphasis at the elementary level with a more structured Spanish program. At the high school, Portuguese returns as an offering as we phase out German, and the nursing assistant program continues to grow into a full Chapter 74-approved program.
This year is special because in November there will be an election for the members of the Up-Island Regional School District school committee, which only happens every four years.
As I was preparing my comments for the opening convocation at the Performing Arts Center on September 2, I came across some interesting facts about the superintendent’s office that were researched a few years ago by Chris Baer, the high school’s art, technology, and design department chairman. These facts show how far we have come. Before 1895, each town on the Island not only had its own school, but its own superintendent. The first Island-wide superintendent of schools was Clifton Alden Snell of Edgartown, who served from 1895 to 1900. It is my pleasure to carry on that tradition and serve as the Island’s superintendent for my 10th year.
Superintendent James Weiss was hired to lead the Martha’s Vineyard Public Schools in 2005.
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Noah James Casey
Aquinnah: Something for everyone
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Strategic view across more data delivers digital business boost for AmeriPride
Published on 18 November 16
Dana Follow
The next BriefingsDirect Voice of the Customer digital transformation case study explores how linen services industry leader AmeriPride Services uses big data to gain a competitive and comprehensive overview of its operations, finances and culture.
We’ll explore how improved data analytics allows for disparate company divisions and organizations to come under a single umbrella -- to become more aligned -- and to act as a whole greater than the sum of the parts. This is truly the path to a digital business.
Listen to the podcast. Find it on iTunes. Get the mobile app. Read a full transcript or download a copy.
Here to describe how digital transformation has been supported by innovations at the big data core, we’re joined by Steven John, CIO, and Tony Ordner, Information Team Manager, both at at AmeriPride Services in Minnetonka, Minnesota. The discussion is moderated by BriefingsDirect's Dana Gardner, Principal Analyst at Interarbor Solutions.
Here are some excerpts:
Gardner: Let’s discuss your path to being a more digitally transformed organization. What were the requirements that led you to become more data-driven, more comprehensive, and more inclusive in managing your large, complex organization?
John: One of the key business drivers for us was that we're a company in transition -- from a very diverse organization to a very centralized organization. Before, it wasn't necessarily important for us to speak the same data language, but now it's critical. We’re developing the lexicon, the Rosetta Stone, that we can all rely on and use to make sure that we're aligned and heading in the same direction.
Gardner: And Tony, when we say data, are we talking about just databases and data within applications? Or are we being even more comprehensive -- across as many information types as we can?
Ordner: It’s across all of the different information types. When we embarked on this journey, we discovered that data itself is great to have, but you also have to have processes that are defined in a similar fashion. You really have to drive business change in order to be able to effectively utilize that data, analyze where you're going, and then use that to drive the business. We're trying to institute into this organization an iterative process of learning.
Gardner: For those who are not familiar with AmeriPride Services, tell us about the company. It’s been around for quite a while. What do you do, and how big of an umbrella organization are we talking about?
Long-term investments
John: The company is over 125 years old. It’s family-owned, which is nice, because we're not driven by the quarter. We can make longer-term investments through the family. We can have more of a future view and have ambition to drive change in different ways than a quarter-by-quarter corporation does.
We're in the laundry business. We're in the textiles and linen business. What that means is that for food and beverage, we handle tablecloths, napkins, chef coats, aprons, and those types of things. In oil and gas, we provide the safety garments that are required. We also provide the mats you cross as you walk in the door of various restaurants or retail stores. We're in healthcare facilities and meet the various needs of providing and cleansing the garments and linens coming out of those institutions. We're very diverse. We're the largest company of our kind in Canada, probably about fourth in the US, and growing.
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Gardner: And this is a function that many companies don't view as core and they're very happy to outsource it. However, you need to remain competitive in a dynamic world. There's a lot of innovation going on. We've seen disruption in the taxicab industry and the hospitality industry. Many companies are saying, We don’t want to be a deer in the headlights; we need to get out in front of this.
Tony, how do you continue to get in front of this, not just at the data level, but also at the cultural level?
Ordner: Part of what we're doing is defining those standards across the company. And we're coming up with new programs and new ways to get in front and to partner with the customers.
As part of our initiative, we're installing a lot of different technology pieces that we can use to be right there with the customers, to make changes with them as partners, and maybe better understand their business and the products that they aren't buying from us today that we can provide. We’re really trying to build that partnership with customers, provide them more ways to access our products, and devise other ways they might not have thought of for using our products and services.
With all of those data points, it allows us to do a much better job.
Gardner: And we have heard from Hewlett Packard Enterprise (HPE) the concept that it's the analytics that are at the core of the organization, that then drive innovation and drive better operations. Is that something you subscribe to, and is that part of your thinking?
John: For me, you have to extend it a little bit further. In the past, our company was driven by the experience and judgment of the leadership. But what we discovered is that we really wanted to be more data-driven in our decision-making.
Data creates a context for conversation. In the context of their judgment and experience, our leaders can leverage that data to make better decisions. The data, in and of itself, doesn’t drive the decisions -- it's that experience and judgment of the leadership that's that final filter.
We often forget the human element at the end of that and think that everything is being driven by analytics, when analytics is a tool and will remain a tool that helps leaders lead great companies.
Gardner: Steven, tell us about your background. You were at a startup, a very successful one, on the leading edge of how to do things different when it comes to apps, data, and cloud delivery.
New ways to innovate
John: Yes, you're referring to Workday. I was actually Workday’s 33rd customer, the first to go global with their product. Then, I joined Workday in two roles: as their Strategic CIO, working very closely with the sales force, helping CIOs understand the cloud and how to manage software as a service (SaaS); and also as their VP of Mid-Market Services, where we were developing new ways to innovate, to implement in different ways and much more rapidly.
And it was a great experience. I've done two things in my life, startups and turnarounds, and I thought that I was kind of stepping back and taking a relaxing job with AmeriPride. But in many ways, it's both; AmeriPride’s both a turnaround and a startup, and I'm really enjoying the experience.
Gardner: Let’s hear about how you translate technology advancement into business advancement. And the reason I ask it in that fashion is that it seems as a bit of a chicken and the egg, that they need to be done in parallel -- strategy, ops, culture, as well as technology. How are you balancing that difficult equation?
John: Let me give you an example. Again, it goes back to that idea of, if you just have the human element, they may not know what to ask, but when you add the analytics, then you suddenly create a set of questions that drive to a truth.
We're a route-based business. We have over a 1,000 trucks out there delivering our products every day. When we started looking at margin we discovered that our greatest margin was from those customers that were within a mile of another customer.
So factoring that in changes how we sell, that changes how we don't sell, or how we might actually let some customers go -- and it helps drive up our margin. You have that piece of data, and suddenly we as leaders knew some different questions to ask and different ways to orchestrate programs to drive higher margin.
Gardner: Another trend we've seen is that putting data and analytics, very powerful tools, in the hands of more people can have unintended, often very positive, consequences. A knowledge worker isn't just in a cube and in front of a computer screen. They're often in the trenches doing the real physical work, and so can have real process insights. Has that kicked in yet at AmeriPride, and are you democratizing analytics?
Ordner: That’s a really great question. We've been trying to build a power-user base and bring some of these capabilities into the business segments to allow them to explore the data.
You always have to keep an eye on knowledge workers, because sometimes they can come to the wrong conclusions, as well as the right ones. So it's trying to make sure that we maintain that business layer, that final check. It's like, the data is telling me this, is that really where it is?
I liken it to having a flashlight in a dark room. That’s what we are really doing with visualizing this data and allowing them to eliminate certain things, and that's how they can raise the questions, what's in this room? Well, let me look over here, let me look over there. That’s how I see that.
John: One of the things I worry about is that if you give people too much information or unstructured information, then they really get caught up in the academics of the information -- and it doesn’t necessarily drive a business process or drive a business result. It can cause people to get lost in the weeds of all that data.
You still have to orchestrate it, you still have to manage it, and you have to guide it. But you have to let people go off and play and innovate using the data. We actually have a competition among our power-users where they go out and create something, and there are judges and prizes. So we do try to encourage the innovation, but we also want to hold the reins in just a little bit.
Gardner: And that gets to the point of having a tight association between what goes on in the core and what goes on at the edge. Is that something that you're dabbling in as well?
John: It gets back to that idea of a common lexicon. If you think about evolution, you don't want a Madagascar or a Tasmania, where groups get cut off and then they develop their own truth, or a different truth, or they interpret data in a different way -- where they create their own definition of revenue, or they create their own definition of customer.
If you think about it as orbits, you have to have a balance. Maybe you only need to touch certain people in the outer orbit once a month, but you have to touch them once a month to make sure they're connected. The thing about orbits and keeping people in the proper orbits is that if you don't, then one of two things happens, based on gravity. They either spin out of orbit or they come crashing in. The idea is to figure out what's the right balance for the right groups to keep them aligned with where we are going, what the data means, and how we're using it, and how often.
Gardner: Let’s get back to the ability to pull together the data from disparate environments. I imagine, like many organizations, that you have SaaS apps. Maybe it’s for human capital management or maybe it’s for sales management. How does that data then get brought to bear with internal apps, some of them may even be on a mainframe still, or virtualized apps from older code basis and so forth? What’s the hurdle and what words of wisdom might you impart to others who are earlier in this journey of how to make all that data common and usable?
Ordner: That tends to be a hurdle. As to the data acquisition piece, as you set these things up in the cloud, a lot of the times the business units themselves are doing these things or making the agreements. They don't put into place the data access that we've always needed. That’s been our biggest hurdle. They'll sign the contracts, not getting us involved until they say, "Oh my gosh, now we need the data." We look at it and we say, "Well, it’s not in our contracts and now it’s going to cost more to access the data." That’s been our biggest hurdle for the cloud services that we've done.
Once you get past that, web services have been a great thing. Once you get the licensing and the contract in place, it becomes a very simple process, and it becomes a lot more seamless.
Gardner: So, maybe something to keep in mind is always think about the data before, during, and after your involvement with any acquisition, any contract, and any vendor?
Ordner: Absolutely.
You own three things
John: With SaaS, at the end of the day, you own three things: the process design, the data, and the integration points. When we construct a contract, one of the things I always insist upon is what I refer to as the prenuptial agreement.
What that simply means is, before the relationship begins, you understand how it can end. The key thing in how it ends is that you can take your data with you, that it has a migration path, and that they haven't created a stickiness that traps you there and you don't have the ability to migrate your data to somebody else, whether that’s somebody else in the cloud or on-premise.
Gardner: All right, let’s talk about lessons learned in infrastructure. Clearly, you've had an opportunity to look at a variety of different platforms, different requirements that you have had, that you have tested and required for your vendors. What is it about HPE Vertica, for example, that is appealing to you, and how does that factor into some of these digital transformation issues?
Ordner: There are two things that come to mind right away for me. One is there were some performance implications. We were struggling with our old world and certain processes that ran 36 hours. We did a proof of concept with HPE and Vertica and that ran in something like 17 minutes. So, right there, we were sold on performance changes.
As we got into it and negotiated with them, the other big advantage we discovered is that the licensing model with the amount of data, versus the core model that everyone else runs in the CPU core. We're able to scale this and provide that service at a high speed, so we can maintain that performance without having to take penalties against licensing. Those are a couple of things I see. Anything from your end, Steven?
John: No, I think that was just brilliant.
Gardner: How about on that acquisition and integration of data. Is there an issue with that that you have been able to solve?
Ordner: With acquisition and integration, we're still early in that process. We're still learning about how to put data into HPE Vertica in the most effective manner. So, we're really at our first source of data and we're looking forward to those additional pieces. We have a number of different telematics pieces that we want to include; wash aisle telematics as well as in-vehicle telematics. We're looking forward to that.
There's also scan data that I think will soon be on the horizon. All of our garments and our mats have chips in them. We scan them in and out, so we can see the activity and where they flow through the system. Those are some of our next targets to bring that data in and take a look at that and analyze it, but we're still a little bit early in that process as far as multiple sources. We're looking forward to some of the different ways that Vertica will allow us to connect to those data sources.
Gardner: I suppose another important consideration when you are picking and choosing systems and platforms is that extensibility. RFID tags are important now; we're expecting even more sensors, more data coming from the edge, the information from the Internet of Things (IoT). You need to feel that the systems you're putting in place now will scale out and up. Any thoughts about the IoT impact on what you're up to?
Overcoming past sins
John: We have had several conversations just this week with HPE and their teams, and they are coming out to visit with us on that exact topic. Being about a year into our journey, we've been doing two things. We've been forming the foundation with HPE Vertica and we've been getting our own house in order. So, there's a fair amount of cleanup and overcoming the sins of the past as we go through that process.
But Vertica is a platform; it's a platform where we have only tapped a small percentage of its capability. And in my personal opinion, even HPE is only aware of a portion of its capability. There are a whole set of things that it can do, and I don’t believe that we have discovered all of them.
With that said, we're going to do what you and Tony just described; we're going to use the telematics coming out of our trucks. We're going to track safety and seat belts. We're going to track green initiatives, routes, and the analytics around our routes and fuel consumption. We're going to make the place safer, we're going to make it more efficient, and we're going to get proactive about being able to tell when a machine is going to fail and when to bring in our vendor partners to get it fixed before it disrupts production.
Gardner: It really sounds like there is virtually no part of your business in the laundry services industry that won't be in some way beneficially impacted by more data, better analytics delivered to more people. Is that fair?
Ordner: I think that’s a very fair statement. As I prepared for this conference, one of the things I learned, and I have been with the company for 17 years, is that we've done a lot technology changes, and technology has taken an added significance within our company. When you think of laundry, you certainly don't think of technology, but we've been at the leading edge of implementing technology to get closer to our customers, closer to understanding our products.
[Data technology] has become really ingrained within the industry, at least at our company.
John: It is one of those few projects where everyone is united, everybody believes that success is possible, and everybody is willing to pay the price to make it happen.
Listen to the podcast. Find it on iTunes. Get the mobile app. Read a full transcript or download a copy. Sponsor: Hewlett Packard Enterprise.
This blog is listed under Enterprise Applications and Data & Information Management Community
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THE very talented group the 66ERS, who delighted all who heard them perform at a music extravaganza held at the Oberon Golf Club last year, are returning by popular demand. They will perform on Sunday, November 25 from 3pm at the Oberon Golf Club. Tickets are $30 per person. Last year, after starting in the afternoon, they were still playing at 7.30pm because no one wanted to leave. READ ALSO: Night of music from the 1950s and 1960s enjoyed by all Letter | Thanks for the rock, the toe-tapping and the chance to sing along A barbecue will be available for everyone to cook something for dinner. Salads will be provided and drinks will be available from the club. Get tickets from Long Arm Farm and Ray White Emms Mooney Oberon. Last year, proceeds were donated to the Oberon Golf Club to go towards a defibrillator which is now at the club.
https://nnimgt-a.akamaihd.net/transform/v1/crop/frm/j2PXtqBYEmHVCs9SySBjhG/09e30542-7520-4265-a844-59879d907c72.jpg/r0_209_2362_1544_w1200_h678_fmax.jpg
November 3 2018 - 7:00AM
Popular band the 66ERS are coming back to Oberon Golf Club
THEY'RE BACK: The 66ERS will play at the Oberon Golf Club again after a popular performance last year.
THE very talented group the 66ERS, who delighted all who heard them perform at a music extravaganza held at the Oberon Golf Club last year, are returning by popular demand.
They will perform on Sunday, November 25 from 3pm at the Oberon Golf Club. Tickets are $30 per person.
Last year, after starting in the afternoon, they were still playing at 7.30pm because no one wanted to leave.
Night of music from the 1950s and 1960s enjoyed by all
Letter | Thanks for the rock, the toe-tapping and the chance to sing along
A barbecue will be available for everyone to cook something for dinner. Salads will be provided and drinks will be available from the club.
Get tickets from Long Arm Farm and Ray White Emms Mooney Oberon.
Last year, proceeds were donated to the Oberon Golf Club to go towards a defibrillator which is now at the club.
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Big Business Download (1990 Strategy Game)
Strategy Games:
Download full Big Business:
Big Business screenshots:
As CEO of a company the player's main goal will be making business decisions to stay ahead of the competitors and increase shareholder value.
A plus for this game is the comic-style graphics.
Make a succesful company by buying and selling techniques. You got to like this type of game, but to see the download statistics you guys love it :)
Big business is a different but well made business game. While it really lacks serious game features it does offer some nice things like the cartoonish interface that is also very easy to use. Several small details have also been implemented.
As mentioned the game isn't very serious. You are the CEO of the game and you have the make the company as successful as possible by selling and buying different products. This part of the game is very simply though and it makes the game a bit boring since it's the same things you can and have to do in order to win in the game. Especially the general computer intelligence isn't very high and once you have succeeded in defeating the game one time you have the formula to win pretty much every time.
What makes Big Business a decent business game are the quite good graphics (compared to that the game is from 1990) and the well done interface and somewhat good ideas implemented in the game. Big Business isn't for the serious business gamer though as the game can't offer continuous gameplay as mentioned earlier. A recommended choice if you would like to start playing games in this game genre.
A decent, humorous business game, Big Business by DigiTek acquired a small following when it was released for the Amiga, although the game's flaws economics model and repetitive gameplay seriously hamper replay value. As CEO of a company, you will make business decisions to stay ahead of the competitors and increase shareholder value. The game's highlight is the cartoony feel, good user interface, and a likeable (although vastly simplified) stock market model that is surprisingly robust, even though it doesn't seem to be affected by economic trends. Product pricing model is also very simplistic-- I find it very easy to corner an opponent and win in price wars, as the computer player doesn't really know when to stop. Overall, an okay business sim that would have been much better if DigiTek had made the economic model more realistic.
People who downloaded Big Business have also downloaded:
Big Oil, Business Tycoon, Black & White 2, Caesar IV, Axis & Allies, Caesar 3, Buzz Aldrin's Race into Space, Beyond the Law: The Third Wave
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Tom Dunne
Radio - TV Broadcaster, Columnist, Voiceover Artist and Musician
Tom Dunne is a Radio Broadcaster with Newstalk. The Tom Dunne Show is a night- time radio show which is on air Monday to Thursday evenings and Sunday evenings. The show itself is a mix of popular culture in a way that will appeal to both men and women which focuses on music, culture, movies, sex, sports, comedy, books, gossip and technology.
He is also well-known as lead singer with Dublin group ‘Something Happens’ who were one of the country's shining lights in the early 90's with albums like 'Bedlam A Go-Go' and 'Stuck Together With God's Glue' and unforgettable singles like 'Parachute' and 'Hello, Hello, Hello, Hello, Hello (Petrol)'.
Tom Dunne is a Radio Broadcaster with Newstalk. The Tom Dunne Show is a night time radio show which is on air Monday to Thursday evenings and Sunday evenings. The show itself is a mix of popular culture in a way that will appeal to both men and women which focuses on music, culture, movies, sex, sports, comedy, books, gossip and technology.
In 2018, Sirius XM, an American broadcasting company that provides satellite radio and online radio services provided listeners with a limited run of all of U2’s music, live performances, rare tracks and indeed stories from the band titled ‘The U2 Experience’. Tom provided the voiceovers for this very special feature for the station.
Tom graduated from UCD with an engineering degree, but his passions lay elsewhere. He is well known for his role as lead singer with Dublin group 'Something Happens' who were one of the country's shining lights in the early 90's with albums like 'Bedlam A Go-Go' and 'Stuck Together With God's Glue' and unforgettable singles like 'Parachute' and 'Hello, Hello, Hello, Hello, Hello (Petrol)'. The group haven't recorded in years but are known to reform for occasional gigs in packed venues around the country. Since the band split Tom went about establishing himself as a music presenter on television and radio. In recent years, the band have reunited and regularly tour the country playing at concerts such as ‘Live at Leopardstown’, ‘Feile’ and at ‘Dun Laoghaire Harbour’.
On radio, Tom first presented a show on 98FM before moving to Today FM in 1999, where he presented the Pet Sounds Show. The show became known for playing a mix of alternative, indie rock and new music and frequently aired songs before they entered mainstream radio airplay. The move to Today FM gave Tom a national audience for the first time on radio. He scooped a Hot Press Award within months of starting Pet Sounds. Tom also filled in on The Ian Dempsey Breakfast Show and The Ray D'Arcy Show. Previous to his current programme, he presented The Tom Dunne Show on Newstalk, weekday mornings from 10am.
Tom's first foray into TV Broadcasting was on a youth-aimed music programme on RTÉ called Popscene. He later took over the reins of Planet Rock Profiles, a programme that has aired on RTÉ, ITV, VH1, and many other TV Stations throughout the world. He co-presented RTÉ's coverage of the Electric Picnic Music Festival in 2006.
He has also published collections of his favourite songs by Irish or Irish-connected artists, known as The Tom Dunne Collections. In early 2006, he released The Definitive Tom Dunne Vol. 01: Pet Picks 2000-2006, a compilation of some of the most popular tracks for the Pet Sounds radio show.
In 2001, Tom won a Meteor Music Award for his special Pet Sounds Live from Witness Show. The following year Tom scooped the double of the Best DJ title at the Meteor Music Awards and the same prize from Hot Press magazine. He has five PPI Awards.
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Musicians to wear white roses at the 2018 Grammys to support #TimesUp
Sam Moore Jan 26, 2018 4:01 pm GMT
Halsey / Dua Lipa Credit: Getty
Halsey, Dua Lipa and Kelly Clarkson will be among those to show their support for the ongoing demonstration on Sunday (January 28)
A number of musicians were wear white roses to the 2018 Grammy Awards to show support for the ongoing #TimesUp movement.
The movement was launched at the start of the year by over 300 women in the entertainment industry with the aim of combatting systemic sexual harassment in the industry and beyond.
#TimesUp will be represented at the Grammys – which will be held at Madison Square Garden in New York City on Sunday (January 28) – through the white rose demonstration. Organised by Roc Nation VP Meg Harkins and Interscope/Geffen/A&M Records’ Karen Rait, the likes of Dua Lipa, Halsey and Kelly Clarkson will all wear white roses on the night.
Those who will wear a rose at the Grammys – a list which also includes Cyndi Lauper, Rita Ora, Rapsody and Tom Morello – will all represent the new group ‘Voices In Entertainment’, with the group choosing to utilise the symbolism of the white rose due to its historical link to the Suffragettes.
The group also cited Hillary Clinton’s decision to wear white at US President Donald Trump’s inauguration in January 2017 as another reason for their choice [via Billboard].
“It is an important conversation politically in our country and it’s also a conversation we need to have internally with our artists and our companies,” Harkins explained about the upcoming Grammys demonstration. “We need to say if anyone is feeling like they’re being discriminated against and they don’t feel safe in their workplace, they have people who will support them.”
“Music artists have a lot of impact,” Rait added. “So it’s only fitting that music’s biggest night shows the support for equality and safety in the workplace and that people need to be cognisant of their fellow employees.”
Earlier this week, Dylan Farrow accused Justin Timberlake of being a hypocrite for supporting the #TimesUp campaign.
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NoMa Parks Foundation
Staff/Board of Directors
NoMa Parks Background
NoMa Neighborhood
Parks Envisioned
Swampoodle Park
Underpass Art Parks
Alethia Tanner Park
NoMa Meander
Corridors/Pocket Parks
L Street Plaza
NoMa Parks Foundation Celebrates Community Feedback for Underpass Design Competition Project
WASHINGTON, DC, November 21, 2014 — The NoMa Underpass Design Competition continues apace, now with thoughtful feedback from more than 350 people who took a survey launched in October.
“The NoMa Parks Foundation is thrilled at the amount of interest from the neighbors and other stakeholders,” said Robin-Eve Jasper, President of the NoMa Parks Foundation. “We are embarking on a number of transformational projects in NoMa using the same public/private partnership approach that has been the bedrock for the success of NoMa. As we work to create wonderful public spaces to delight residents and visitors, we will continue to look to the community for creative input and practical advice,” said Jasper. “We are excited at how engaged the neighborhood has already been in this process.”
The idea for the underpass improvements grew out of two community planning efforts sponsored by the NoMa BID, in 2011 and 2012. The objective of the underpass improvements is to fill the four connectors at Florida Avenue, L, M and K Streets, NE, with light and art, making them into beautiful and enjoyable spaces for passing through or lingering. The competition for designs for the underpasses launched in April 2014, garnered significant press and drew international attention. 248 designers from 14 countries submitted entries. The 248 original responses were narrowed to 13 qualified applicants and their concept designs.
The NoMa Parks Foundation sought feedback from the community and encouraged engagement through several outlets:
The Foundation created a web site (NoMaUnderpasses.org), where images of all 13 finalist concepts are still available for viewing. The site has received more than 11,800 unique page views since the competition launched in April.
The Foundation launched a 27-question survey in mid-October asking for input on the 13 underpass finalists; the survey received 337 responses.
A public community meeting held on October 16 was well attended.
A public exhibit of the submissions was displayed in the lobby of 1200 First Street, NE.
“We’d like to underscore that all 13 designs presented to the community were conceptual schemes, not construction plans. As we have been working continuously with city agencies, Amtrak and Metro on safety and other operating matters, we were particularly interested in the community’s input on aesthetics. There is much more work to be done, and the selected artists will incorporate agency and community feedback into their final designs,” Jasper said.
The Foundation hopes to select a finalist for at least one underpass by the end of the year, and start construction in 2015.
About The NoMa Parks Foundation
The NoMa Underpass Design Competition is led by the NoMa Parks Foundation, and is one of several projects that are proceeding concurrently to acquire land, improve existing sites, and execute the long-term vision set forth in the NoMa Public Realm Design Plan. The NoMa Parks Foundation was formed in 2012 and the following year received a $50 million commitment from the District government to acquire land, build parks and enhance public space in NoMa.
In the rapidly redeveloping NoMa neighborhood, one critical ingredient is missing: parks. More than 18,000 people live in greater NoMa, and the population is projected to double in the next 10 years; but currently NoMa contains no publicly accessible parks, playgrounds, or plazas. While the District of Columbia averages 12.9 acres of open space per 1,000 residents, none of these spaces exist in the NoMa neighborhood. They are urgently needed to serve the residents and more than 40,000 daytime employees and visitors to the neighborhood. Undeveloped land is becoming more scarce each year as development occurs on the remaining empty lots. The creation of refreshing, inviting parks and public spaces – before it is too late – will improve the lives of people in NoMa today and for generations to come. More about the NoMa Parks Foundation can be found at www.nomabid.org/parks.
About NoMa
NoMa is a vibrant, growing neighborhood nestled among Union Station, the U.S. Capitol, Shaw, and the H Street, NE corridor in Washington, D.C. Over the last several years, private developers have invested more than $5 billion in the 35-block area within the NoMa BID boundaries, and have plans to develop more than 16 million square feet of additional office, residential, hotel, and retail space. NoMa is home to more than 3,800 new apartments, and more than 40,000 people work in NoMa each day. With unparalleled transportation access via Amtrak, VRE, MARC, two Red Line Metro stops, and vehicular access to Interstate 395, visitors, workers and residents can easily travel throughout the region as well as to New York or anywhere on the East Coast. For more information about NoMa, visit www.nomabid.org and sign up for our bimonthly newsletter.
News media contact:
Rachel Davis
NoMa Parks Foundation © 2019
Washington Post: Art Installations Bring Light and Beauty Where Urban Areas Need It Most
Curbed DC: In NoMa, Another Train Underpass Lights Up as Public Art
More NoMa Parks News
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Rotha Johnston – Chairperson
Rotha Johnston took up her post as Chairwoman in June 2013. A Queen’s University graduate, Ms Johnston has had a career in the textile, the economic development and the food sectors. She currently has various investment interests primarily in the property sector.
In addition, Rotha holds a number of non-executive positions including Director of Northern Ireland Electricity, Member of KPMG NI Advisory Board and a Belfast Harbour Commissioner.
Previously she was a shareholder and director of Variety Foods Ltd, a food service company supplying the Irish market; Head of Marketing in Moygashel Textiles, part of Lamont Holdings and Business Development Director, LEDU.
Ms Johnston was also a BBC Trustee, Pro Chancellor at Queen’s University Belfast and Deputy Chair of Invest Northern Ireland
In 2006 she was awarded the CBE in recognition of her contribution to industry in Northern Ireland and in 2016 was made a Dame.
Elaine Sperber – Vice Chair
Elaine Sperber was Head of Family and Children’s Drama for Zodiak Media from March 2006 – 2013. Since then she has been Executive Producer on a number of her own productions for CBBC through Foundation and Zodiak Kids Studios. Most recently, she has created and Executive Produced four series of family comedy Millie Inbetween, five series of the hit children’s comedy Dani’s House, and three series of Dani’s Castle. Prior to taking up this post, she was Head of Drama at CBBC for over six years, where she executive produced more than 54 drama and comedy series – winning numerous BAFTA, RTS and Broadcast Awards for outstanding children’s and family drama. Her particular successes included Microsoap, Custer’s Last Standup, Feather Boy, Fungus The Bogeyman and Tracy Beaker’s Movie of Me. Her production of Stig of the Dump also won the International Emmy
Previously Elaine was Vice President of Production at HBO Pictures in the US, producing the HBO movies Perfect Witness and Framed. She also produced the Walt Disney feature film A Far off Place with Reese Witherspoon, based on the novels of Sir Laurence Van der Post.
Greg Maguire
Greg Maguire is Professor of Animation at the Ulster University Belfast School of Art. He is actively involved in promoting a sustainable all-Ireland animation industry through his work with Creative Skillset, Northern Ireland Screen, Invest NI, Irish Film and Television Academy and the Visual Effects Society (USA). In 2010, he formed Northern Ireland’s largest animation cluster, Toody Threedy for students, researchers and industry which has enabled students to develop their practice with both local and US-based companies. In partnership with Northern Ireland Screen and Creative Skillset, Professor Maguire has developed a series of flexible learning programmes for industry which run concurrently with university taught content, ensuring content delivered is current and fit for purpose.
Greg served as R&D Supervisor, Character Supervisor and Creature Supervisor at two Lucasfilm Divisions. At Lucasfilm Animation since its formation in 2003 as a global digital animation studio and at Industrial Light & Magic on the Academy Award nominated, Harry Potter and the Prisoner of Azkaban, Terminator Salvation and Avatar. Prior to his role at Lucasfilm, Greg was Technical Animation Supervisor on Walt Disney Feature Animation’s first computer animated feature, Dinosaur. At Disney, he was responsible for creating and maintaining Dinosaur’s eighty diverse creatures.
Adeline Dinsmore
Mrs Dinsmore is a former teacher (36 years) and Principal who has used film to engage students while teaching literature. She has introduced and developed a number of creative initiatives to harness the use of digital technologies in teaching to offer a wider curriculum to her pupils and staff. Mrs Dinsmore served as a member of the Broadcasting Council of BBC NI for five years and as President of the Northern Ireland Schools and Colleges Careers Association. Mrs Dinsmore has not been involved in any political activity in the last five years.
Jennifer Johnston
Jennifer Johnston is Head of Learning at Into Film and leads the Curation, Training, Resources, Industry Visits, Filmmaking and Careers teams in delivering Into Film educational and research programmes across the UK. Previous experience includes running If…Media, which delivered multimedia and film training to school and college educators and pupils, and leading the specialism at Hazelwood Integrated College, specialist school in Creativity and Digital Arts. Jennifer is Principal Moderator for CCEA’s Moving Image Arts A2. Jennifer has not been involved in any political activity in the last five years.
Michael Kuhn
Mr Kuhn built up the film studio – Polygram Filmed Entertainment which has produced/distributed over one hundred films including major productions such as Four Weddings and a Funeral, Fargo, Trainspotting and Shallow Grave. He has been awarded the Michael Balcon BAFTA for outstanding contribution to the UK Film Industry. Mr Kuhn has served as Chair of the National Film and Television School from 2003 – 2010. He was a member of the board of governors of Robert Redford’s Sundance Institute and helped set up the Sundance Film Channel. He was a member of the EU Committee which reported on the media industry’s digital future in 1998. Mr Kuhn has not been involved in any political activity in the last five years.
Fiona MacMillan
Ms. MacMillan is a communications and public affairs consultant. She was Public Affairs Officer at the Arts Council (2008-2011) and press officer for Cinemagic (1993-1995) and the Northern Ireland Film Council (1993-1995). She was commissioned by Sesame Workshop to project manage Sesame Tree from 2009-2011. She was Media and Communications Manager for NI’s largest children’s charity, Barnardo’s, for 11 years. Ms. MacMillan has been non-Executive Director of Stratagem NI since 1998 and is company secretary of Stratint. Fiona is a member of the Advisory Committee for Northern Ireland of Ofcom and a guest lecturer on the masters degree in Arts Management at QUB. A joint owner of the Carnegie library on the Oldpark Road in Belfast she is working to restore the building for community use. She has an M.A. (Hons) in Modern History and Politics from the University of Edinburgh and a post-graduate diploma in Journalism Studies from the Ulster University.
She has not undertaken any political activity in the the last five years.
Ian Parsley
Ian Parsley has run a small PR and translations company for many years and is a media commentator on issues as varied as languages and road safety. He has also worked on projects through the Council of Europe and the Soros Foundation promoting civic participation, democracy building and linguistic diversity in locations such as Estonia, Moldova and South Tyrol. Closer to home, he is involved with work to develop qualifications, promote international cooperation and develop SMEs.
He has chaired the Ulster-Scots Broadcast Fund as it has developed from pure programme funding to promoting and delivering apprenticeships. A linguist by academic background, he also published a grammar of Ulster Scots in 2012.
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The Year’s Best Military Writing*
(* By a first-time book author.)
The finalists and winner of this year’s Colby Award— awarded annually by Norwich University during the William E. Colby Military Writers’ Symposium, a two-day celebration of military writing, authors, and ideas—make for engrossing summer reading.
EDITED BY JACQUE E. DAY
The Norwich Record | Summer 2018
Crossings: A Doctor-Soldier’s Story
Jon Kerstetter
Penguin Random House, 2017
Kerstetter’s memoir begins in poverty on Wisconsin’s Oneida Reservation and grows to encompass a remarkable life in medical service. The story of his work in military theater, which involved organizing the joint U.S.–Iraqi forensics team tasked with identifying the bodies of Saddam Hussein’s sons, is a bracing, unprecedented evocation of a doctor’s life at war.
Future War: Preparing for the New Global Battlefield
Robert H. Lati
In plain, jargon-free language, Lati maps out the changing ways of war and the weapons technologies we will use to fight them. A retired Air Force colonel and leading expert on the role of technology in war and intelligence, he explores the rami cations of constantly unfolding changes in technology and what it will mean in the future to be a soldier.
Writer, Sailor, Soldier, Spy: Ernest Hemingway’s Secret Adventures, 1935–1961
Reynolds Nicholas
Reynolds illuminates Hemingway’s immersion in the life-and-death world of the revolutionary left, spanning his passionate commitment to the Spanish Republic, his successful pursuit by Soviet NKVD agents, his wartime meeting in East Asia with the future premier of the People’s Republic of China, and finally, his undercover involvement with Cuban rebels in the late 1950s.
The Army of the Potomac in the Overland and Petersburg Campaigns: Union Soldiers and Trench Warfare, 1864–1865
Steven E. Sodergren
LSU Press, 2017
The winner of this year’s Colby Award explores the story of the Army of the Potomac as they endured the brutal physical conditions of trench warfare. Sodergren, an NU history professor, draws from letters and diaries, military correspondence, and court-martial records to paint a vivid picture of the lives of Union soldiers as they witnessed the beginnings of a profound shift in the way the world imagined and waged large-scale warfare.
Spoils: A Novel
Brian Van Reet
Penguin Books, 2017
In April 2003, American forces have taken Baghdad and are now charged with winning hearts and minds. But this vital tipping point is barely recognized for what it will become, a series of miscalculations and blunders that will fan an already-smoldering insurgency. The Wall Street Journal calls Van Reet’s debut novel “The nest Iraq War novel yet written by an American.”
Photo by Sean Markey
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Coup D’etat in Australia: 20 Years of Cover-Up
By Steve & Adelaide Gerlach
The following article was published in New Dawn Nos 39 (Nov-Dec 1996) & 40 (Jan-Feb 1997).
Former CIA agent Victor Marchetti explained the U.S.-Australian relationship very well: “Australia is going to be increasingly important to the United States, and so long as Australians keep electing the right people then there’ll be a stable relationship between the two countries.” (A Secret Country, p. 353).
For 23 years before 1972, the Australian people had been electing the “right people,” the Liberal-National Country Party Coalition headed for most of that period by Robert Menzies. The Coalition was essentially conservative, and had a foreign policy which was sycophantic, to say the least. Menzies himself actually despised Australia, and would much rather have been the Prime Minister of Britain. He once said, “A sick feeling of repugnance grows in me as I near Australia.” He hated his country so much, and loved England enough to beg the British government to conduct their nuclear bomb tests from 1952 to 1958 in the Australian deserts at Maralinga (home of thirteen Aboriginal settlements). Menzies agreed to the testing without even consulting his cabinet. As John Pilger says, “Australia gained the distinction of becoming the only country in the world to have supplied uranium for nuclear bombs which its Prime Minister allowed to be dropped by a foreign power on his own people without adequate warning.” (A Secret Country, p. 168).
Later Liberal Prime Ministers turned their sycophancy towards the United States. John Gorton said in 1969 “We will go a-waltzing Matilda with you,” and Harold Holt coined the phrase “All the way with LBJ” when sending Australian troops to the Vietnam War. Again, the Liberal government was so desperate to please the Americans that they did all they could to engineer from the South Vietnamese government an invitation to send Australian troops. When the South Vietnamese government was not forthcoming, the Liberal government sent troops and advisers anyway, and mislead Parliament in a similar way that Lyndon Johnson misled Congress with the Gulf of Tonkin incident.
Compared to the Coalition government (made up of the conservative Liberal and National Country parties), the Labor Party which was elected into office in December 1972 on the platform of “It’s Time” quickly showed themselves to be the “wrong people” in the eyes of the United States.
In the domestic sphere, Labor Prime Minister Gough Whitlam’s first 100 days put Bill Clinton to shame. The Whitlam government ended conscription and ordered the last Australian troops home from Vietnam. It brought in legislation giving equal pay to women, established a national health service free to all, doubled spending on education and abolished university fees, increased wages, pensions and unemployment benefits, ended censorship, reformed divorce laws and set up the Family Law Courts, funded the arts and film industry, assumed federal government responsibility for Aboriginal affairs (health, education, welfare and land rights), scrapped royal patronage, and replaced “God Save the Queen” as the national anthem with “Advance Australia Fair.”
Whitlam and several of his ministers, most notably Rex Connor, Minister for Minerals and Energy, and Dr. Jim Cairns, who eventually became Treasurer and Deputy Prime Minister, wanted to pursue a policy of “buying back the farm.”
Buying Back The Farm
The 1973 oil crisis pushed the costs of energy to an all-time high, and caused disarray to economies all over the world. Australia suffered with the rest of them, with rising inflation and unemployment.
Yet one of the Whitlam government’s platforms was to reclaim Australian ownership of Australia’s vast natural resources, such as oil and minerals, and its manufacturing industries. By the late 1960s, foreign control of the mining industry, for example, stood at 60%, while 97% of the automobile industry was foreign-owned. Both Whitlam and Rex Connor had grandiose ideas for developing the necessary infrastructure, and the means to help Australian companies to “buy back the farm.” Connor’s schemes included a petroleum pipeline across Australia, uranium enrichment plants, updated port facilities, and solar energy development, as well as the establishment of government bodies with the authority to oversee development and investment in key areas, such as oil refineries and mining. Connor estimated that Australia’s mineral and energy reserves were worth $5.7 trillion dollars.
However, buying back the farm would not be cheap for a nation in the grip of inflation and economic stagnation. It was determined that the government would need about $4 billion. While Australia had an excellent credit rating with its usual lending banks in the U.S. and England, no established bank would extend Australia an amount even close to a quarter of what it wanted.
The other side to the oil crisis of 1973 was that the OPEC members in the Middle East were rolling in petrodollars. To Whitlam, Rex Connor and Jim Cairns, the Middle East seemed an appealing source of funds, as it would also be yet another step towards gaining independence from Australia’s traditional economic partners.
In 1974, Whitlam instructed Connor and Cairns to find a Middle Eastern source for a $4 billion loan.
So began the Loans affairs.
The Loans Affairs
Once word got out that the Australian government wanted to obtain such a large loan, both Connor and Cairns were inundated with offers to broker the loan. Most offers were from crackpots. There were two offers, however, which brought about the downfall of both the Ministers involved, and eventually the downfall of the Labor government.
In March 1975, Treasurer and Deputy Prime Minister Jim Cairns met with George Harris, a Melbourne businessman, who told Cairns that a $4 billion loan was available “with a once-only brokerage fee of 2.5%.” To confirm that the offer was genuine, Harris showed Cairns a letter from the New York office of Commerce International. According to an intermediary present at the meeting, Cairns rejected the offer, as the terms of the loan were “unbelievable” and a “fairy tale” and Cairns refused to sign any letters making a commitment to the brokerage fee. He did, however, write for Harris two letters saying that the Australian government was interested in raising a loan.
Two months later, Cairns was asked in Parliament whether he had signed a letter committing the government to a 2.5% brokerage fee. Cairns denied he had signed any such agreement. However, several days later, an incriminating letter with Cairns signature was reproduced in major newspapers around Australia. Cairns did not remember signing the letter, and said so. Nevertheless, he was forced to resign his position for misleading Parliament.
The Khemlani Affair
Minister for Minerals and Energy, Rex Connor, was also commissioned by Whitlam to find a Middle Eastern source for the $4 billion loan.
The Khemlani affair began in October 1974 when South Australian Greek emigre Gerry Karidis met up with and old friend of his, Labor Minister Clyde Cameron, at a party in Cameron’s electorate. Karidis told Cameron that he knew of some sources for loans if the Australian government was interested. Cameron passed the information on to Cairns and Connor, who then met with Karidis.
Karidis was not certain of the sources of the funds, but a friend of his said that the money could certainly be raised.
The connection between Karidis and Khemlani is circuitous. Khemlani, who was manager of Dalamal and Sons, a London-based commodities firm, was a business associate of Theo Crannendonk, a Dutch arms and commodities trader. Crannendonk in turn knew Thomas Yu, a Hong Kong arms dealer, who in turn knew Karidis’ friend, Tibor Shelley.
Khemlani said he first heard that the Australian government was interested in raising a loan while he was visiting his friend Crannendonk. Khemlani was in Crannendonk’s office when a telex about the loan came through from Thomas Yu. Khemlani volunteered to broker the loan at very reasonable rates, despite the fact that he had no experience in brokering loans, let alone such a large one.
Khemlani arrived in Australia on November 11, 1974 with Theo Crannendonk, and met with Cameron and Connor. Connor told Khemlani about the government’s interest in a $4 billion loan, and gave him a letter of introduction to that effect. On December 13, the Labor Party’s Executive Council (which on that day consisted of Connor, Cairns, Whitlam, and Lionel Murphy) authorised Connor to raise the $4 billion 20-year loan “for temporary purposes.”
The Executive Council can approve loan-raising activities without consulting the Labor Caucus or Parliament, but only if the loans are for temporary purposes. How Whitlam and his close circle of Ministers could consider a $4 billion loan over 20 years “temporary” is beyond comprehension, and smacks of attempting to keep the matter as secret as possible.
Unfortunately, by not consulting the Labor Party Caucus, Whitlam, Connor, Cairns, and Murphy were their own worst enemies. Had they consulted with their colleagues and Parliament, they would not have placed their party and their government in hot water, and would not have entertained the idea of a loan the terms of which meant that the Australian government would have to pay $20 billion in November 1995.
Various attempts were supposedly made by Khemlani to raise the money. But each time he claimed to have come up with the goods, the deals fell through. By late December of 1974, Australian Treasury and other officials became increasingly suspicious that Khemlani was leading the government on. Sir Frederick Wheeler, the permanent head of the Treasury Department convinced Cairns, then Treasurer, that Khemlani was lying to the Australian government about his ability to raise the loan.
On December 21, 1974, Connor telexed Khemlani and terminated their relationship. On January 7, 1975, the Executive Council revoked Connor’s authority to search for loan sources.
Nevertheless, Khemlani continued to work on the loan-raising, and on January 28 Connor’s loan authority was re-instated, on Khemlani’s promise that he was confident that a loan would soon be provided, even up to $8 billion. Connor’s authority, however, was reduced to securing a loan for only $2 billion.
But again Khemlani failed. For months Khemlani promised Connor he could raise the money. Connor became obsessed that Khemlani was the man to get results, regardless of the many disappointments. Khemlani let Connor down every time.
On May 20, 1975, Connor’s authority was revoked once and for all. But three days later, Khemlani contacted Connor and told him that a loan was within short reach. Connor replied positively, and continued to deal with Khemlani, behind the government’s back. Even Whitlam did not know of this. On June 10, Whitlam told a press conference that none of his Ministers any longer had the authority to raise a loan, and no loan was being raised. On July 9, Connor was asked to table in Parliament all documents relating to his loan-raising activities. He neglected to tell Parliament that he was still dealing with Khemlani.
Leaks of the loan deals appeared in various newspapers around the country. Then in October 1975, after nearly a year of promises to drum up a loan, Khemlani turned up in Australia with two suitcases full of the telexes Connor had sent him, including those sent after Connor was ordered not to contact Khemlani again. Khemlani handed the telexes over to the Opposition (who had provided Khemlani with bodyguards on his arrival to Australia), and the incriminating telexes appeared in newspapers around the country.
It is not known why Khemlani would turn on the government as he did, but it is presumed that he was handsomely rewarded for it. The Liberal-Country Party Coalition denied they had paid Khemlani, but there is evidence that the media did buy the telexes off him.
Connor was forced to resign on October 14 for misleading Parliament, just like Jim Cairns five months before him. As Whitlam had also told the Australian people that no more attempts were being made to raise such a large loan, he was also accused of misleading the public. The scandal provided for the Opposition with the “reprehensible circumstances” they needed to block the passage of the Budget though the Senate and force an election.
The scene was set for the dismissal of the Whitlam government.
Towards Dismissal
Although the Labor party won the 1972 election, it did not have a majority in the Senate. A majority is only required in the House of Representatives in order to form a government. The Senate is usually seen, and usually behaves, as a rubber-stamp body, approving the Bills introduced in the lower house. Nevertheless, in late 1973, the Coalition led by then Opposition leader, Liberal MP Billy Snedden, blocked the passage of the Budget in the Senate in order to force an election. As a result, both houses of Parliament were dissolved.
As the Labor Government was riding high in popularity, Whitlam called an election for May 1974. His government was elected for the second time in 18 months. It also gained a few more seats in the Senate. Labor and the Coalition each held 29 seats, and two independents held the balance of power.
Then in February 1975, Attorney-General Lionel Murphy was appointed to the High Court, thus leaving his New South Wales seat vacant. Traditionally, when a Minister retired from or died in office, the Premier from his State would replace him with a person from the same Party. However, the New South Wales Liberal Premier broke with tradition and appointed a non-Labor Senator. In May that year, Labor Senator Lance Barnard retired, and the Liberal Party won his seat in the June by-election. Then in June, Labor Senator Bert Milliner died in office. Queensland Premier, Joh Bjelke-Petersen, a staunchly anti-Labor man, also broke with tradition and appointed a non-Labor man to the vacant seat. The government balance in the Senate was lost.
With three Labor seats handed to the Opposition or “independents”, it was possible for the Liberal-National Country Party Coalition in Opposition to again block Supply in the Senate. Malcolm Fraser had threatened to do since he wrested the Liberal Party leadership from Snedden in March 1975. On becoming leader of the Opposition, Fraser had announced that he would allow the government to govern, but kept his chances open to block the budget in the Senate and bring down the government, if the Labor Party provided any “reprehensible circumstances” that would force him to do so.
When the loans scandals broke, Malcolm Fraser saw his chance to bring down the Labor Government. Attempting to raise $4 billion dollars was in itself reprehensible, but for two senior Ministers (Cairns and Connor) to mislead Parliament about their activities, and for the Prime Minister to mislead the public that loan-seeking had ceased, were definitely the “reprehensible circumstances” Fraser was looking for.
Fraser made sure that he had the backing of the senior bureaucrats, big business, the legal authorities, and the media. He personally phoned the four main press barons, who ensured their support. Then on October 16, Coalition MPs in the Senate, under Fraser’s orders, deferred the Budget bills introduced by the Labor party, thus blocking Supply to the government.
Day after day in the Senate, Coalition ministers refused to pass the Budget. Without its passage, the government would run out of money and would not be able to pay civil servants’ wages or pensions. The business of government would grind to a halt and cripple the country.
The Opposition insisted that Whitlam call an election for December 1975. Whitlam refused and threatened a half-Senate election – which would cause the Senate to go to the polls – something Fraser did not want, due to the threat that Fraser could lose seats and, therefore, control of the Supply bills. Neither side would back down. The Labor government sought alternatives to the Supply budget, and designed a credit system with various banks to pay pensions and wages. As the days dragged on, public opinion began to sway in favor of the Labor Government. The public blamed the Opposition for the deadlock in the Senate, and for the government’s inability to pay wages and pensions. Many Coalition ministers began to waver, and tried to convince Fraser to back down. But Fraser stood firm in the face of public and party opinion, and risked his political career.
Meanwhile, the Governor-General, Sir John Kerr made feeble attempts to broker a peace.
Enter the Governor-General
The Governor-General is the representative of the Australian Head of State, the Queen or King of England, who is also the Queen or King of Australia. The position is one of appointment – the Governor-General is not elected by the Australian people, but is appointed by the Prime Minister of the day.
The duties of a Governor-General are ceremonial, though the there are some “reserve powers” which had never been used until November 1975.
Both John Kerr and Gough Whitlam came from working class families. Both followed careers in law, and wanted to pursue careers in politics. Both started out early in the Labor party. But while Whitlam worked his way slowly to the top, Kerr followed a different path. Even when in the Labor party, Kerr was essentially conservative, and a monarchist. As time passed, he left the Labor Party and at one time wanted to join the Liberal Party, on the condition that if he were elected, he immediately be given a seat on the front bench. Liberal party leader Robert Menzies told him he would have to wait his time like everyone else did, so Kerr abandoned the idea.
Given this background, it is interesting that Whitlam chose to appoint him Governor-General in July 1974. Kerr’s appointment was seen as an attempt to appease those who wanted a titled Governor-General as well as those who wanted someone more sympathetic to Labor. Whitlam believed that Kerr as Governor-General would take, as is the norm, “advice from his Prime Minister and from no-one else.”
But this was not the case.
The Dismissal – November 11, 1975
The Budget crisis dragged on for a month.
On November 11, Parliament sat as usual, after the morning commemorations for Remembrance Day. Whitlam and Fraser met mid-morning, and Fraser made it clear that he would accept nothing less than a full election. Whitlam then telephoned Kerr to make a 1 p.m. appointment to speak to him about a half-Senate election. Kerr then rang Fraser and made an appointment to see Fraser 10 minutes after his meeting with Whitlam. Fraser arrived early, and to save appearances, Kerr insisted that his car be parked out of sight, so that Whitlam would not see it, and hid Fraser in a back room.
When Whitlam arrived, he was unaware that Fraser was waiting in the wings. Before Whitlam could present Kerr with the letter requesting a half-Senate election, Kerr asked the Prime Minister if he would hold a full election in December. Whitlam said no, but he would be willing to hold a half-Senate election. The Governor-General then used his reserve powers, and terminated Whitlam’s commission, at 1:10 p.m.; dismissing the government from office.
Whitlam stormed out and went to the Prime Minister’s residence, without informing his Senate ministers of what had occurred.
After Whitlam left, Kerr appointed Malcolm Fraser as caretaker Prime Minister until an election could be held on December 13.
The Senate resumed sitting after lunch, at 2 p.m. The change in government had not been publicly announced, but Fraser had informed Coalition ministers in the Senate. So when Labor Senators re-introduced the Budget Bills 75 minutes after Whitlam was dismissed, the Coalition ministers passed the Budget, thus guaranteeing their new government had Supply.
The new Coalition government called for an election on December 13, the last possible day to hold an election before the new year.
Fraser won the election.
Kerr’s Coup
Sir John Kerr always insisted that the decision to sack the Whitlam government was his alone, and that he was well within his constitutional rights and duties to do so. He also insisted that he gave Whitlam enough warning about what he might do.
Neither appears to be the case. On November 4th, Kerr consulted with the Governors of New South Wales and Victoria, and received an agreement from both that if advised by Kerr, they would not issue writs for a half-Senate election. He did this behind Whitlam’s back.
On November 6, he sought legal advice from Sir Garfield Barwick, the Chief Justice of the High Court. Barwick’s written reply was that it was the Governor-General’s duty to dismiss the Whitlam government if Kerr was satisfied that the Labor government could not secure supply. The letter further advised that Kerr should give Whitlam the options of resigning or holding a general election. If Whitlam refused to do either, then, Barwick advised, Kerr should sack him.
With Barwick’s backing, Kerr knew that dismissing Whitlam would not be considered illegal should the matter go to court.
It is worth noting that Barwick’s decision was hardly non-partisan. He is a conservative with no sympathy for the Whitlam government. Garfield was recently interviewed on ABC’s Four Corners program, during which he admitted talking with former Liberal Prime Minister Robert Menzies a few days before the Dismissal. There is no doubt that the former PM would have taken the news of Kerr’s decision to Fraser. This would explain why Fraser stood unwavering in his commitment to bring down the Labor government while the rest of his party were about to give up.
Kerr’s letter dismissing Whitlam said that the deadlock in the Senate had to be resolved as quickly as possible, and that Whitlam had to either resign or call a general election. He said that as Whitlam refused to do either, he was being dismissed, and a caretaker government was being appointed to secure supply and hold an election before the end of the year.
However, there are many inconsistencies between Kerr’s letter and his previous actions.
At no stage did Kerr tell Whitlam that a prompt solution was necessary. And if a quick resolution was on his mind, why did he wait until the 26th day of the deadlock to dismiss Whitlam?
Kerr never previously indicated that Whitlam had to either call a general election or resign. On the contrary, the opposite impression was given.
Kerr never indicated that a half-Senate election was not suitable. Even on the 11 November, when Whitlam spoke to Kerr by phone about it, Kerr did not tell Whitlam that he would not accept it.
Kerr said he was satisfied that there was no chance of a compromise, yet many in the Liberal party believed there would be one.
Kerr said that a Prime Minister who could not obtain Supply could not govern, yet Supply had not yet been exhausted; the money would not run out for another two to three weeks. Why didn’t Kerr wait until Supply had run out?
Whitlam was never given the option to resign or call a general election. Kerr simply asked him if he would hold a general election. When Whitlam said no, Kerr sacked him. Therefore, Whitlam did not refuse both his options.
Kerr moved very secretly, and very quickly. This indicates that he did not want to give Whitlam a choice.
Kerr appointed as caretaker Prime Minister the leader of the minority party, and stood by his decision even after the House of Representatives had passed a vote of no confidence in Fraser.
It is also interesting to note that Kerr must have known that Fraser would accept the commission as caretaker Prime Minister, with the conditions that he would call a general election and guarantee the passage of the Supply Bills. Does that mean that he spoke to Fraser before dismissing Whitlam? If so, Fraser had prior knowledge about Kerr’s decision, and would have stood firm about blocking supply.
That may explain the comments made to the press by Deputy Liberal Party leader, Phillip Lynch just hours before the dismissal: “We believe the present course is sound for reasons which will become apparent to you later.”
After the dismissal, two other Liberal ministers said that they had known what Kerr was going to do that morning. (The Unmaking of Gough, p. 355). Of course, Fraser and Deputy Opposition leader, Doug Anthony, deny they had prior knowledge of Kerr’s decision.
These inconsistencies call into question Kerr’s motives, and lead to questions about the timing and the real reasons behind the Dismissal of an democratically elected government.
Coup D’etat – Was the CIA Involved in the Dismissal of an Australian Government?
While the Loans affairs and the Supply crisis exploded onto the front page headlines day after day, another crisis simmered in the background – the security crisis. As John Menadue, the head of the Prime Minister’s Department, says, to understand the events leading to the dismissal, you must “follow the path of the security crisis.” (The National Times, November 9-15, 1980).
The new Labor Government’s changes in both domestic and foreign policy earned Whitlam Henry Kissinger’s epithet of “one more effete social democrat.” Neither Kissinger nor Nixon had any time for Whitlam or left-wing politicians in general.
People at the highest levels were concerned about what Whitlam might do to the long-standing Australian – U.S. relationship. CIA Director until 1975, William Colby, in his book Honorable Men, ranked the Whitlam government as one of the major crises of his career, comparable to the 1973 Yom Kippur (Arab-Israeli) War, when the U.S. had considered using nuclear weapons to help Israel win the war.
Many others in the intelligence community were concerned, including Ted Shackley, head of the East Asia Division of the CIA, who was said to be paranoid about Whitlam; and James Jesus Angleton, head of the CIA’s Counter-Intelligence section, who despised the Labor government.
One has to ask why a new government in an allied country would cause such consternation. It seems that in the areas of foreign policy and foreign (and domestic) intelligence and security that Whitlam’s Labor government stepped on a few (American) toes.
American Toes
Almost immediately after Whitlam came into office, his government’s foreign policy initiatives angered the Americans. Among Whitlam’s many sins were opening an embassy in Hanoi and allowing Cuba to open a consulate in Sydney.
The question of the Vietnam War was a particularly sticky one between the new Labor government and the Americans. Several Labor politicians had gained popularity in Australia by leading the anti-Vietnam War movement. They outspokenly called Nixon and Kissinger “mass murderers” and “maniacs” for their conduct of the Vietnam War. Dr. Jim Cairns called for public rallies to condemn U.S. bombing in North Vietnam, and also for boycotts of American products. The Australian dockers unions reacted by refusing to unload American ships. While Whitlam was more moderate than Dr. Jim Cairns, Clyde Cameron and Tom Uren (prominent anti-Vietnam War Labor Ministers), he felt he had to say something to the Americans. He wrote what he considered a “moderately worded” letter to Nixon voicing his criticism of the bombing of Hanoi and Haiphong in North Vietnam, on the basis that it would be counterproductive. Nixon, needless to say, was not amused. Some insiders said he was apoplectic with rage and resented the implications that he was immoral and had to be told his duty by an outsider. Kissinger added that Whitlam’s “uninformed comments about our Christmas bombing [of North Vietnam] had made him a particular object of Nixon’s wrath.” (Mother Jones, Feb.-Mar., 1984, p. 15)
Soon after Whitlam took office, the American ambassador to Australia, Walter Rice, was sent to meet with Whitlam in order to politely tell him to mind his own business about Vietnam. Whitlam ambushed Rice, dominated the meeting, and spoke for 45 minutes rebuking the U.S. for its conduct of the Vietnam War. Whitlam told Rice that in a press conference the next day, “It would be difficult to avoid words like ‘atrocious’ and ‘barbarous'” when asked about the bombing.
Whitlam also brought up the issue of the American bases in Australia, and warned Rice that although he did not propose to alter the arrangements regarding the U.S. bases, “to be practical and realistic,” Whitlam said, “if there were any attempt, to use familiar jargon, ‘to screw us or bounce us’ inevitably these arrangements would become a matter of contention.” (Minutes of the meeting were reproduced in The Eye, July 1987.)
The issue of Pine Gap was a touchy one for the Americans.
The Pine Gap installation at Alice Springs is one of several U.S. bases in Australia. Its stated primary function is the collection of data from American satellites over the Soviet Union, China, and Europe, and other CIA sources and transmitters around the world. The base could pick up the Soviet’s coded messages about missile launchings, and can also intercept radar, radio, and microwave communications. It was integral for tracking Soviet missiles and missile testing during the Cold War, and making sure that the Soviet Union was adhering to arms control agreements. Pine Gap, as well as the other bases at Nurrungar in South Australia and North-West Cape in Western Australia are extremely important to the U.S. James Jesus Angleton, head of CIA counter-intelligence for 20 years, said Pine Gap’s importance was “unlike any similar installation that may be in any other place in the free world, it elevates Australia in terms of strategic matters.” (A Secret Country, p. 198). Among the reasons for Pine Gap’s importance are the political stability of Australia, the Australian government’s tendency towards loyalty to the United States, and the isolation of the location of Pine Gap itself. It is extremely well-placed for its purpose.
Pine Gap is supposed to be a joint facility, staffed equally by Australians and Americans. The information gathered there is also supposed to be shared. However, it had long been suspected by Australians, and by many in the Labor Party, that the Americans did not share all the information with the Australian government, nor was the U.S. forthright about some of the functions of the base.
There were at least three occasions when the Americans did not share vital information about the bases.
1) The transmitters at the North West Cape were used to assist the U.S. in mining Haiphong harbor in 1972. The Whitlam government was opposed to the mining of Vietnamese harbors, and would not have appreciated U.S. facilities on Australian soil being used to assist such an undertaking.
2) The satellites controlled by Pine Gap and Nurrungar were used to pinpoint targets for bombings in Cambodia. Again this was an activity to which the Whitlam government was opposed.
3) Whitlam was furious when he found out after the fact that U.S. bases in Australia were put on a Level 3 alert during the Yom Kippur war. The Australian bases were in danger of attack, yet the Australian Prime Minister was not alerted to this. (Incidentally, Kissinger was angered that Whitlam could be such a pest about such matters.)
There was also speculation that Pine Gap was really run by the CIA. Victor Marchetti, former Chief Executive Assistant to the Deputy Director of the CIA, and one of the drafters of the Pine Gap treaty, confirmed this suspicion: “The CIA runs it, and the CIA denies it,” he said (A Secret Country, p. 198).
It was vitally important that the American base at Pine Gap remain in Australia. The U.S. had apparently discussed re-locating the base to Guam, because of the political turmoil in Australia in 1975. The cost of relocating the base was estimated to be over a billion dollars. Besides the costs, Guam was not considered to be nearly as suitable a location as Pine Gap (The National Times, Nov. 17-22, 1975).
Whitlam’s conversation with Rice was not the only time he introduced uncertainties about the American bases. When asked in Parliament in April 1974 about Soviet approaches for scientific facilities in Australia (which were rejected), Whitlam suggested that the existing bases treaty with the Americans would not be extended.
The treaty covering Pine Gap was due for renewal in mid-December 1975.
In 1975, the Australian Defense Minister, Bill Morrison, met with CIA Director William Colby. Morrison was blunt with Colby, and said that he couldn’t guarantee the future of the U.S. bases if it was found that the CIA was involved in activities the Australian government hadn’t been told about. (The Sun, 30 April, 1977)
Yet despite such comments, it seems unlikely that Whitlam would have closed the bases down. Comments like those made to Rice and in Parliament were mostly posturing. Most comments made by Whitlam indicated that he did not mind the bases being in Australia. What he did want was to reform the alliance. He would have preferred that the U.S. keep the Australian government informed about the true functions of the bases, and disclose all information gathered by the bases – not a totally unreasonable request.
Security Risk
Nevertheless, Whitlam’s posturing caused alarm. When Ambassador Marshall Green (Walter Rice’s replacement) was interviewed years after the Dismissal, it was suggested to him that Whitlam would never have closed the bases. He answered, “You might say that with hindsight, but you don’t know how complex things were at the time. The trouble was you never really knew where you stood with him [Whitlam]” (Book of Leaks, p. 90).
Ted Shackley, chief of the East Asia Division at the CIA was furious about Whitlam’s threats to the bases. According to Frank Snepp, who served with him, Shackley was “paranoid” about Labor, and regarded it as a security risk.
After Whitlam’s threats to the U.S. bases, Shackley in return threatened to cut off the flow of intelligence information to Australia. This was a serious threat, as Australia was a long-standing member of the UKUSA agreement by which Australia, the U.S., England, Canada and New Zealand shared intelligence information with each other.
In this instance, the newly appointed CIA Station Chief in Australia, John Walker, successfully argued against cutting off the flow of intelligence information to Australia, on the grounds that the Labor government could then have legitimate grounds for shutting down Pine Gap.
The Hatchet Man
The appointment of Marshall Green as the U.S. Ambassador to Australia in 1973 indicates how seriously the U.S. took the situation. Green was far and away the most experienced man to be appointed Ambassador to Australia. The post was usually given to amateurs: friends of the President, or campaign contributors. Green, on the other hand, was a career diplomat who had served in many countries important to the U.S.
His appointment was seen by some Labor ministers as a sinister move. Senator Bill Brown called Green a “top U.S. hatchet man” and pointed out that Green’s previous postings had been marked by coups and political upheaval in four of the countries in which he had been posted, including Indonesia. He was widely known as “the coupmaster”.
Green’s stated goals (in order of importance) were 1) to maintain U.S. bases in Australia; 2) to keep the door open to American investment; and 3) to encourage Australian political support to the U.S. when and where it needed it, such as at the United Nations, and over issues such as East Timor, North Korea, and Vietnam.
Green’s appointment did little to ease the tensions between Australia and the U.S. government and intelligence community. It was too late.
The security crisis began when Whitlam insisted that his aides did not need to be vetted by ASIO (the Australian Security and Intelligence Organisation, whose function is similar to the FBI). Sir Arthur Tange, permanent head of the Defense Department, and the UKUSA’s “main man” in Australia “dutifully” reported this to U.S. intelligence, who saw Whitlam’s move as not only irresponsible but dangerous. The next day, a U.S. Embassy official told Richard Hall, author of The Secret State, “Your Prime Minister has just cut off one of his only options.” (p. 2). Whitlam backed down immediately, but the impression of unreliability had already been made.
The Murphy Raid
The next glitch in the intelligence relationship came as a consequence of what came to be termed “the Murphy raid.” In March, 1973, the Attorney General, Lionel Murphy, was preparing security of the upcoming visit from the Yugoslav Prime Minister. It came to Murphy’s attention that ASIO was not being forthright about its knowledge of Croatian terrorist groups which might threaten the life of the Yugoslav Prime Minister. He flew down to the ASIO headquarters in Melbourne, where Commonwealth police had already secured the building, and went in search of the relevant information. The media got wind of the “raid”, and blew it out of proportion.
The CIA was furious. “We entrusted the highest secrets of counter-intelligence to Australian services and we saw the sanctity of that information being jeopardized by a bull in a China shop,” said James Jesus Angleton, head of counter-intelligence at the CIA until 1974. Angleton said the raid “had shown an outrageous lack of confidence,” and added, “how could we stand aside without having a crisis in terms of our responsibilities as to whether we would maintain relationships with the Australian intelligence services.” The threat of breaking off the intelligence relationship had been a distinct possibility (Denis Freney,The CIA’s Australian Connection, 1977, p. 27-28).
Angleton had seemed perplexed by the fact that it was Murphy’s prerogative, as an elected representative of the Australian people, and whose jurisdiction covered ASIO, to scrutinize ASIO’s activities.
ASIO, ASIS, and the CIA
As members of the UKUSA agreement, ASIO and ASIS (the Australian equivalent of the CIA) were very close to the CIA, and have often been accused of being more loyal to the U.S. and British intelligence community than to their own country’s government. In the early 1970s, many ASIO and ASIS agents were certainly ideologically closer to the right-wing elements in the CIA than to the Labor government. When Labor came to power, they did little to help the floundering relationship between the Whitlam government and the U.S., and instead tended to exaggerate the “threat” posed by the Labor party to themselves and to the American intelligence agencies.
The relationship between the Whitlam government and the intelligence services (ASIO, ASIS and the CIA) was further soured by a number of other factors. For example, members of the Labor Party complained that ASIO dedicated too much of their time to following the activities of left-wing groups, and not enough time to right-wing groups. The Croatian terrorist groups were a case in point. ASIO resented having their resources diverted to what they saw as wasteful areas, such as keeping tabs on the small Nazi party.
Another area of tension resulted when Whitlam discovered that ASIS agents were working with the CIA to destabilise Chile and overthrow President Salvador Allende. Whitlam ordered them to leave immediately. He was even more furious when he learned that the ASIS men had still not left Chile months later.
A similar fracas occurred over East Timor, during the lead-up to Indonesia’s invasion of its small neighbour. In late October 1975, Whitlam sacked ASIS head William Robertson for not informing him that there was an ASIS contact working in East Timor. This caused great consternation in the U.S., because the American government wanted the Australians to at the very least ignore Indonesia’s actions in taking over East Timor. The concern (though unfounded) was that Whitlam would side with the left-wing Timorese independence movement. Certainly many Labor ministers did favor the Fretelin movement over Indonesia.
The National Intelligence Daily, a top secret CIA briefing document for the eyes of the President, reported that “The Whitlam government seems willing to risk important relationships with Indonesia and the U.S. in order to appease leftist forces within the Labor Party.” (Book of Leaks, p.93).
Whitlam also sacked ASIO head Peter Barbour in October 1975, though the reasons are unknown. Both Robertson and Barbour were long-standing and trusted members of the UKUSA community. Both were replaced by men Whitlam thought would be more loyal to him. The replacements were not approved of by the Americans.
Whitlam also set up the Hope Royal Commission in 1975 to look into the domestic intelligence services. This was widely perceived to be a threat to the power and existence of the various intelligence organisations.
The combination of incidents involving the security and intelligence services brought a sense of disquiet to U.S. intelligence, which was reinforced by Whitlam’s occasional hints that the treaty concerning U.S. bases in Australia, including Pine Gap, may not be renewed if the U.S. did anything to anger Whitlam.
The Spy Uncovered
The security crisis reached its peak in early November 1975. In October, various Labor staff members, including those at the Prime Minister’s department, began to look into foreign intelligence involvement in Australia, including the U.S. bases.
They received a tip about Richard Stallings, the head of Pine Gap between 1966 and 1968, during the base’s construction. Whitlam heard that he was a CIA employee working under the cover of the U.S. Defense Department. In order to authenticate the information, the Prime Minister’s Department asked the Foreign Affairs Department for its list of all CIA agents in Australia. Stallings’ name was not on it. However, it came to Whitlam’s attention that the Australian Defence Department kept a more comprehensive list. Richard Stallings appeared on that list.
Sir Arthur Tange, permanent head of the Defense Department, warned Whitlam that he (Tange) had a duty to inform the CIA that Whitlam knew the identity of one of its deep cover agents. Apparently Whitlam did not object. The CIA now knew what Whitlam was up to.
In an almost campaign-style speech to an ALP rally in Alice Springs on November 2nd, 1975, Whitlam made a spur-of-the-moment remark: “Every week, he [Malcolm Fraser] gets more and more desperate in his abuse of me. I have had no association with CIA money in Australia as Mr. Anthony has,” he said, referring to National Country Party Leader, Doug Anthony, deputy leader of the Opposition. Anthony and Stallings had been friends for quite some time, after Stallings and his family had rented Anthony’s Canberra home.
Whitlam did not actually name Stallings. The next day, an article in the Australian Financial Review took up Whitlam’s accusation, and named Richard Stallings as the CIA employee, and Pine Gap as a CIA-run installation.
Anthony was compelled to defend himself. He retorted that he was not aware that his friend Stallings was a CIA man. He demanded that Whitlam provide evidence. In a speech two days later, Whitlam stated that he knew of at least two instances in which the CIA had funded the Opposition parties, but he did not provide any proof.
At this point, the Australian Foreign Affairs and Defence Departments, via the U.S. embassy in Canberra, made it clear to the U.S. State Department and President Ford that they “would welcome formal U.S. government statements denying any CIA financial involvement in Australian political parties.” (Mother Jones, p. 44). The U.S. State Department obliged, and categorically denied that Stallings was a CIA employee. The U.S. embassy and the head of the CIA, William Colby, also denied CIA involvement in Australian politics.
Sir Arthur Tange, was extremely concerned about the Stallings matter. Tange had extensive contacts with the intelligence community and realised how angry the Americans were about Whitlam and the press revealing CIA operatives and installations. He made frantic efforts to diffuse the situation. He asked Bill Morrison, the Defence Minister, to speak to Doug Anthony and convince him to drop the matter for the sake of “national security”. But it was too late. Anthony wanted to clear his name and refused to drop it. Instead, he put a question on the Parliamentary notice paper for Whitlam to provide proof of his accusations.
Whitlam’s answer was scheduled to be read on November 11, the very day Whitlam and his government would be dismissed from office in Australia’s only coup d’etat.
A draft copy of Whitlam’s answer was circulated, and a copy given to Sir Arthur Tange. The answer stated that Whitlam had obtained his information from the Defence Department, which in turn obtained its information from the U.S. Defence Department. Tange tried desperately to get Whitlam to modify his answer. He was concerned that because the U.S. government had categorically denied that Stallings was a CIA employee, Whitlam would be calling members of the U.S. government liars. But Whitlam refused to change his answer, as he believed that not to reveal his sources would be to mislead Parliament. On the day Whitlam was to read his answer in Parliament, Tange told a Whitlam staffer that “This is the gravest risk to the nation’s security there has ever been.” (The Nation Review, May 7-13, 1976, p.733).
The crisis inspired the now infamous cable from Ted Shackley via ASIO’s Washington office to ASIO headquarters in Australia. It is reprinted here in full:
FOLLOWING MESSAGE RECEIVED FROM ASIO LIAISON OFFICER WASHINGTON: BEGINS: ON NOVEMBER 8 SHACKLEY CHIEF EAST ASIA DIVISION CIA REQUESTED ME TO PASS THE FOLLOWING MESSAGE TO DG [DIRECTOR GENERAL].
ON 2 NOVEMBER THE PM OF AUSTRALIA MADE A STATEMENT AT ALICE SPRINGS TO THE EFFECT THAT THE CIA HAD BEEN FUNDING ANTHONY’S NATIONAL COUNTRY PARTY IN AUSTRALIA. ON 4 NOVEMBER THE U.S. EMBASSY IN AUSTRALIA APPROACHED AUSTRALIAN GOVERNMENT AT THE HIGHEST LEVEL AND CATEGORICALLY DENIED THAT CIA HAD GIVEN OR PASSED FUNDS TO AN ORGANISATION OR CANDIDATE FOR POLITICAL OFFICE IN AUSTRALIA AND TO THIS EFFECT WAS DELIVERED TO ROLAND AT DFA [DEPARTMENT OF FOREIGN AFFAIRS] CANBERRA ON 5 NOVEMBER. ON 6 NOVEMBER ASST SECRETARY EDWARDS OF U.S. STATE DEPARTMENT VISITING DCM [DEPUTY CHIEF OF MISSION] AT THE AUSTRALIAN EMBASSY IN WASHINGTON AND PASSED SAME MESSAGE THAT THE CIA HAD NOT FUNDED AN AUSTRALIAN POLITICAL PARTY. IT WAS REQUESTED THAT THIS MESSAGE BE SENT TO CANBERRA. AT THIS STAGE CIA WAS DEALING ONLY WITH THE STALLINGS INCIDENT AND WAS ADOPTING A NO COMMENT ATTITUDE IN THE HOPE THAT THE MATTER WOULD BE GIVEN LITTLE OR NO PUBLICITY. STALLINGS IS A RETIRED CIA EMPLOYEE [Author’s emphasis].
ON NOVEMBER 6 THE PRIME MINISTER PUBLICLY REPEATED THE ALLEGATION THAT HE KNEW OF TWO INSTANCES IN WHICH CIA MONEY HAD BEEN USED TO INFLUENCE DOMESTIC AUSTRALIAN POLITICS. SIMULTANEOUSLY PRESS COVERAGE IN AUSTRALIA WAS SUCH THAT A NUMBER OF CIA MEMBERS SERVING IN AUSTRALIA HAVE BEEN IDENTIFIED -WALKER UNDER STATE DEPARTMENT COVER AND FITZWATER AND BONIN UNDER DEFENCE COVER. NOW THAT THESE FOUR PERSONS HAVE BEEN PUBLICISED IT IS NOT POSSIBLE FOR THE CIA TO CONTINUE TO DEAL WITH THE MATTER ON A NO COMMENT BASIS. THEY NOW HAVE TO CONFER WITH THE COVER AGENCIES WHICH HAVE BEEN SAYING THAT THE PERSONS CONCERNED ARE IN FACT WHAT THEY SAY THERE ARE, E.G. DEFENCE DEPARTMENT SAYING THAT STALLINGS IS A RETIRED DEFENCE DEPARTMENT EMPLOYEE.
ON NOVEMBER 7 FIFTEEN NEWSPAPER OR WIRE SERVICE REPS CALLED THE PENTAGON SEEKING INFORMATION ON THE ALLEGATIONS MADE IN AUSTRALIA. CIA IS PERPLEXED AT THIS POINT AS TO WHAT ALL THIS MEANS. DOES THIS SIGNIFY SOME CHANGE IN OUR BILATERAL INTELLIGENCE SECURITY RELATED FIELDS? CIA CANNOT SEE HOW THIS DIALOGUE WITH CONTINUED REFERENCE TO CIA CAN DO OTHER THAN BLOW THE LID OFF THOSE INSTALLATIONS WHERE THE PERSONS CONCERNED HAVE BEEN WORKING AND WHICH ARE VITAL TO BOTH OF OUR SERVICES AND COUNTRIES, PARTICULARLY THE INSTALLATIONS AT ALICE SPRINGS.
ON NOVEMBER 7, AT A PRESS CONFERENCE, COLBY WAS ASKED WHETHER THE ALLEGATIONS MADE IN AUSTRALIA WERE TRUE. HE CATEGORICALLY DENIED THEM.
CONGRESSMAN OTIS PIKE CHAIRMAN OF THE CONGRESSIONAL COMMITTEE INQUIRING INTO THE CIA, HAS BEGUN TO MAKE ENQUIRIES ON THE ISSUE AND HAS ASKED WHETHER THE CIA HAS BEEN FUNDING AUSTRALIAN POLITICAL PARTIES. THIS HAS BEEN DENIED BY THE CIA REP IN CANBERRA IN PUTTING THE CIA POSITION TO RELEVANT PERSONS THERE.
HOWEVER, CIA FEELS IT NECESSARY TO SPEAK ALSO DIRECTLY TO ASIO BECAUSE OF THE COMPLEXITY OF THE PROBLEM. HAS ASIO HQ BEEN CONTACTED OR INVOLVED? CIA CAN UNDERSTAND A STATEMENT MADE IN POLITICAL DEBATE BUT CONSTANT FURTHER UNRAVELING WORRIES THEM. IS THERE A CHANGE IN THE PRIME MINISTER’S ATTITUDE IN AUSTRALIAN POLICY IN THIS FIELD? THIS MESSAGE SHOULD BE REGARDED AS AN OFFICIAL DEMARCHE ON A SERVICE TO SERVICE LINK. IT IS A FRANK EXPLANATION OF A PROBLEM SEEKING COUNSEL ON THAT PROBLEM. CIA FEELS THAT EVERYTHING POSSIBLE HAS BEEN DONE ON A DIPLOMATIC BASIS AND NOW ON AN INTELLIGENCE LIAISON LINK THEY FEEL THAT IF THIS PROBLEM CANNOT BE SOLVED THEY DO NOT SEE HOW OUR MUTUALLY BENEFICIAL RELATIONSHIPS ARE GOING TO CONTINUE [authors’ emphasis].
THE CIA FEELS GRAVE CONCERNS AS TO WHERE THIS TYPE OF PUBLIC DISCUSSION MAY LEAD. THE DG SHOULD BE ASSURED THAT CIA DOES NOT LIGHTLY ADOPT THIS ATTITUDE. YOUR URGENT ADVICE WOULD BE APPRECIATED AS TO THE REPLY WHICH SHOULD BE MADE TO CIA.
AMBASSADOR IS FULLY INFORMED OF THIS MESSAGE.
When Shackley was interviewed years later, he said that his cable had authorisation from above. Although he did not name names, the implication was that Kissinger had given the OK. (Book of Leaks, p. 97).
The implications of the message were firstly that the CIA was bypassing the Australian government and virtually demanding that ASIO intervene and pressure the government, and that ASIO has an obligation of loyalty to the CIA to do so. The message was not meant to be passed on to Whitlam. However, the acting head of ASIO was a Whitlam appointee who saw the seriousness of the matter. He handed the cable to Whitlam. The cable was made public several years later.
The cable also made it clear that the CIA had been deceiving Australian government about Richard Stallings and Pine Gap. What else were they deceiving the Australian government about?
The cable also implied that the CIA would threaten to cut off the flow of intelligence information to the Australian services, and perhaps take even more strenuous action.
As Shackley’s cable indicated, there were several other CIA men working under cover in Australia. Their identities had not been revealed by Whitlam, but by the media. Nevertheless, there was no way for Shackley and the CIA to know how much Whitlam knew, and how much he would reveal to the public, especially about Pine Gap, but also about other CIA activities in Australia. Shackley may have already known that Whitlam had begun to look into CIA matters in Australia.
By revealing what he knew already, Whitlam had telegraphed his intentions. He had to be stopped.
Whitlam did not have the opportunity to present the proof he had about CIA involvement in Australian politics to Parliament on November 11. He was dismissed by Governor-General Sir John Kerr at 1:10 p.m. that day.
What may be nearly as unfortunate as the Dismissal of an elected government is the timing of Whitlam’s revelations about the CIA and Anthony. Labor Minister Clyde Cameron, wrote in his diaries, “Once his allegations hit the headlines, the sources dried up immediately.” (The Cameron Diaries, p. 499). Whitlam had moved too soon.
CIA in Crisis
Even in November 1975, speculation about CIA involvement in the Dismissal was rife. Since that day, speculation has not dampened.
Yet from the time allegations about Richard Stallings and Pine Gap hit the papers, the CIA and the American government denied any involvement in Australia.
This is understandable, considering that while the events of the dismissal unfolded, several Congressional committees were investigating the CIA’s activities all over the world. The CIA were facing pressures never before encountered. On November 2, 1975, the same day Whitlam made his accusations about the National Country Party being funded by the CIA, Henry Kissinger fired CIA director William Colby for being too honest with Congress. The CIA was in trouble.
If Whitlam had stood up in Parliament on November 11 and revealed that Pine Gap was a CIA-run installation and that the CIA were funding political parties in Australia, the U.S. Congress may have initiated an investigation into CIA activities in Australia. It is bad enough to undermine a third world government, but to undermine an ally is worse. The CIA would have been condemned and swiftly re-organised or worse, possibly shut down completely.
Therefore they continued to deny any involvement in the political events in Australia, and hoped the matter would fade away.
Straight from the Horse’s Mouth
Despite CIA denials, a picture has formed of their dirty tricks in Australia. And much of the evidence comes straight from the mouths of CIA employees.
Former CIA deputy director of intelligence, Ray Cline, denies that there was any “formal” CIA covert action program against the Whitlam government during Cline’s time in office (Cline left the CIA in 1973). “I’m sure we never had a political action program, although some people around the office were beginning to think we should.” He explains that the U.S. and Australia had a very healthy relationship in the area of intelligence exchange. “But when the Whitlam government came to power, there was a period or turbulence to do with Alice Springs [Pine Gap].” He went on to say, “the whole Whitlam episode was very painful. He had a very hostile attitude.”
Cline denied direct CIA interference, but outlined a scenario he saw as acceptable U.S. intelligence behavior. “You couldn’t possibly throw in a covert action program to a country like Australia, but the CIA would go so far as to provide information to people who would bring it to the surface in Australia…” for example a Whitlam error “which they were willing to pump into the system so it might be to his damage.” Such actions do not, in Cline’s opinion, amount to a “political operation.”
The method as outlined by Cline would be for the CIA to supply damaging information which the Australian security services would use against the government, presumably via other people, such as the media and the Opposition parties. This scenario fits well with what others have said. A U.S. diplomat stationed in Australia at the time, tells how CIA station chief in Australia, John Walker would “blow in the ear” of National Country Party members, and not long afterwards, the Whitlam government would be asked embarrassing questions in Parliament (The National Times, March 21-27, 1982).
Former Deputy Prime Minister Jim Cairns concurred that the methods used by the CIA would be as simple as that. When asked if he thought the CIA were capable of interfering with Australian politics, Cairns told the authors, “The CIA is capable, no doubt.” By interfering, Cairns means gossip, influencing people by words. He also said it was not a “conspiracy” as such, but that these people are like that anyway. That is, the CIA would seek out like-minded people: “They think the same way, act the same way – it’s not a conspiracy as such, just the way they think and act. And it’s still going on today.”
The loans affairs are perfect examples where “gossip” could have been used to good effect – and was.
Was Cairns Set-Up?
The evidence that Cairns was set up is compelling. The motives may have been not only to discredit and damage the Whitlam government, but also to get him out of the way. Cairns was already one of the most popular Labor ministers for his leadership of the anti-Vietnam war movement. His popularity rose over Christmas 1974, when as Acting Prime Minister he flew to Darwin to view the destruction caused by Hurricane Tracy. As Deputy Prime Minister, he would be the next in line to take on the leadership of the Labor Party. But as he was even more left-wing and anti-American than Whitlam, the prospect of Cairns being the next Prime Minister frightened the CIA. Even early on attempts were made to discredit Cairns. For example, ASIO leaked their dossier on him to the Bulletin (June 1974). It indicated that ASIO’s main concern about Cairn’s was the “terrorist” potential of his part in the anti-Vietnam war protests.
Far more startling are the facts concerning George Harris and the loans affair. The letter Harris showed Cairns was from Commerce International, an arms dealing company based in Belgium, and with widespread links with the CIA. Commerce International is a highly classified topic at the CIA.
It does not seem completely clear how the Opposition obtained knowledge of the letter with Cairns signature on it. However, Harris was seen with Phillip Lynch, Deputy Leader of the Liberal Party, a few days before Cairns was asked in Parliament about the letter. If Harris was legitimate, why would he leak the information to the Opposition?
Further evidence of a set-up was provided by Leslie Nagy, an intermediary at the meeting between Cairns and Harris. According to Nagy, Cairns had left the meeting, refusing to sign his name to a letter making a commitment to a brokerage fee. Yet minutes later, to Nagy’s surprise, Harris produced a letter with Cairns’ signature agreeing to the 2.5% brokerage fee. While Harris denies that he set Cairns up, Cairns still does not acknowledge that he signed the incriminating letter.
Lastly, the CIA themselves provided an interesting hint that there was some sleight-of-hand in the loans affair. The National Intelligence Daily, the CIA’s intelligence gathering arm’s top secret briefing document for the President reported on July 3, 1975 that Dr. Cairns had been sacked, “even though some of the evidence had been fabricated.” An ASIO officer writing for the Bulletin in June 1976 concurred. He said he believed that “some of the documents which helped discredit the Labor Government in the last year in office were forgeries planted by the CIA.”
Creepy Khemlani
Khemlani was a suspicious character from the word go. Why Connor chose to deal through him in the first place, and why he continued to deal with him, is a mystery.
Khemlani’s behavior during the 11 months of the loans affair was certainly peculiar. The heads of the Treasury Department and the Reserve Bank had various lengthy discussions about him. They asked the very pertinent question of why Khemlani had volunteered in the first place, and why he continued to say he could get the $4 billion loan. After all, Khemlani spent a great deal of time, and presumably a great deal of money, yet the Australian government had never promised him anything in return and had never paid him a cent. In fact, the arrangement was that Khemlani was to be paid by whomever provided the loan, rather than by the Australian government. So where was Khemlani getting his money? Why was he so patient, and why did he continue to search for the money when he was promised nothing in return?
Khemlani’s connections, and his activities after the Dismissal shed some light on the loans affair.
Khemlani heard about the Australian loan from Thomas Yu, a Hong Kong businessman. Both Yu and Khemlani’s friend Theo Crannendonk had entered into a joint venture with Commerce International’s Gerhard Whiffen, CI’s Singapore representative, in a proposal to ship arms to the CIA backed rebels in Angola. The joint venture also included Chris Brading and Don Booth. Booth was a former CIA employee. Brading was a pilot for Air America, a CIA airline which operated extensively during the Vietnam war all over South East Asia.
It is highly possible that Yu sent Khemlani to Australia to conduct dirty tricks for the CIA.
Interestingly, the CIA says it does not have any files on Khemlani. However, they told journalists Brian Toohey and Marian Wilkinson that the NSA did have information on Khemlani. The National Security Agency (NSA) is the U.S. intelligence organisation which intercepts communications overseas to pass on to other intelligence agencies. It is not surprising that they would have intelligence on Khemlani, as he was firing off telexes all over the Middle East. The NSA was very active in monitoring communications in the area, especially in the mid 1970s.
Several years after the loans affair, Khemlani was still up to his old tricks, defrauding people of their money. In 1980, Khemlani financially ruined an American businessman by the name of Charles Murphy. He left behind in Murphy’s home suitcases full of documents detailing many of his activities over the last couple of years, including his connection with the Nugan Hand Bank of Sydney.
In 1978, Khemlani entered into a relationship with the Nugan Hand Bank’s Cayman Island’s branch. The Nugan Hand Bank was based in Sydney from 1970. It collapsed in 1980 when one of its co-founders, Frank Nugan, was found dead in his car, with ex-CIA chief William Colby’s business card in his pocket. Nugan Hand Bank has since been found to have extensive links to arms and drug dealing, and the CIA. Its list of employees reads like a who’s who of the CIA and U.S. military circles. The other co-founder of Nugan Hand, Michael Hand, disappeared after the bank’s collapse. Hand was employed by the CIA for covert operations in South East Asia during the Vietnam War. Other Nugan Hand managers included General Edwin Black (Commander of U.S. forces in Thailand), Rear-Admiral Earl Yates (former Chief of Staff for Policy and Plans of the U.S. Pacific Command and a counter-insurgency specialist), Patry Loomis (CIA employee), and William Colby, head of the CIA.
It is not known if Khemlani’s ties with Nugan Hand predated their relationship in 1978. But in September of that year, he contacted them with a proposal to have Nugan Hand act as a trustee for several of Khemlani’s projects.
The papers held by Murphy also show that after his loan-raising activities with Australia, he went on to pull similar stunts in several third world countries, including Haiti, Sierra Leone, and Ghana.
In 1979, Khemlani was arrested by the FBI for stealing $1 million worth of bonds from the Citizens National Bank in Chicago. He was given a suspended 3 year sentence for turning state’s evidence and fingering the Mafia people he was working for. U.S. authorities informed ASIO of Khemlani’s arrest. Why they told ASIO is not known, as there were no Australian warrants out for his arrest.
Other evidence corroborates Khemlani’s possible CIA connections:
Former CIA employee Ralph McGehee came out with his own tell-all book on the CIA, Deadly Deceits, following the example of Victor Marchetti and Phillip Agee, who in the early 1970s released their own books about the CIA’s nefarious activities. McGehee says that the CIA played a major part in the downfall of Connor and Cairns by releasing forged documents. The documents were tabled in Parliament to discredit and damage the Whitlam government. The documents provided by Khemlani were among the forgeries.
On November 11, 1975, Whitlam received a letter, along with a draft of a telex, which shows the CIA involvement with Khemlani. The draft was found in a hotel room in Hawaii, and was posted anonymously to Whitlam. The draft reads:
DRAFT COPY ONLY
1. DO NOT TRANSMIT VIA PHONE OR LETTER. ENCIPHER BEFORE TRANSMITTING BY TELEX CONTACT ‘LM’ AT 536 6009 FOR ASSISTANCE.
REFERENCE YOUR CORRESPONDENCE ON 11 OCT, 1975.
ON 16 OCT., MR. T. KHEMLANI WILL BE DEPARTING FOR SINGAPORE TO ARRANGE MATTERS IN CASE GOVERNMENT CAPITULATION SEEMS NEAR.
IF NOT MR. KHEMLANI WILL RETURN TO AUSTRALIA ON OR ABOUT 26 OCT 75 TO CREATE FURTHER CHAOS.
NEWSPAPERS’ EDITORIALS MUST CONTINUE TO PUT PRESSURE ON THE LABOR GOVERNMENT IF CAPITULATION IS TO SUCCEED.
IF NECESSARY OFFER….
IF CAPITULATION DOES NOT SUCCEED BY 14 NOVEMBER 75, SUPPORT FROM OVERSEAS WILL CEASE UNTIL MID 76. (Author’s emphasis).
The draft telex appeared in the Sun newspaper in May 1977. The reporter said that the CIA denied they had anyone with the initials ‘LM’ working in Hawaii.
But when a National Times newspaper reporter rang the number given in the draft, they were connected to CIA headquarters in Hawaii.
Was Nugan Hand Involved?
In 1981, a CIA contract employee, Joseph Flynn, claimed that he had been paid to forge some documents relating to the loans affair, and also to bug Whitlam’s hotel room. The person who paid him was Michael Hand, co-founder of the Nugan Hand Bank. (The National Times, Jan. 4-10, 1981).
The Boyce Trial
In 1977, more confirmation and details about the CIA’s involvement in Australian politics emerged when Christopher Boyce and Andrew Dalton Lee were arrested in the United States for selling secrets to the Soviet Union.
Boyce started work in 1974 with TRW Incorporated, a Californian aerospace company which did contract work for the CIA. Boyce’s job was as a cipher clerk in the “black vault”, a code room where top-secret messages from American bases and satellites were received and deciphered. Among the bases sending messages via TRW was Pine Gap.
Boyce and Lee were both disillusioned by the state of America. One day, whilst discussing the Watergate scandal and the CIA inspired coup in Chile, Boyce said to Lee, “You think that’s bad? You should hear what the CIA is doing to the Australians.” He then told Lee about the deceptions practiced by the U.S. on the Australian government.
Boyce and Lee decided that the best way to change things was to sell the secrets Boyce learned in the black vault to the Soviets. Boyce would photograph documents, and Lee sold them to the Soviet embassy in Mexico City. While Boyce’s motivation was his idealism, Lee, a drug-addict, was in it for the money.
They were caught in 1977. Lee was arrested for loitering outside the Soviet embassy in Mexico City, and was brought back to the United States to face trial.
At his trial, part of Boyce’s defence was that he was opposed to American and CIA activities overseas, particularly in Australia. Boyce told of his initial briefing at TRW, when he was informed that most of the communication received in the black vault came from Pine Gap, and that despite an agreement between the U.S. and Australian governments to share the information obtained at Pine Gap, the U.S. was not honoring the agreement. “Certain information” was being withheld from Australia.
Boyce also told that Pine Gap was being used to monitor international telephone calls and telexes to and from Australia, especially those of a political and business nature. In addition, he said he had come across cables from the Canberra bureau chief to Langley inferring that the CIA had worked to subvert Australian unions, especially in the transport industry, and had funded the Opposition parties during Whitlam’s term. The CIA had been very concerned about an airport strike which would have delayed transportation of new equipment to Pine Gap. According to Boyce, the cable he saw said “don’t worry about that, send the stuff, we’ll take care of the strike the way we always do.” (Sunday Press, 23 May, 1982). He also told reporter William Pinwill that the CIA had a deep distrust for the Whitlam government, and had a great interest in the “monetary crisis” of 1975.
The fact that communications between Pine Gap and the U.S. were handled by a private company was also news to Australia (The Sun, 27 May, 1977).
Boyce’s lawyers had wanted to introduce evidence supporting Boyce’s claims about CIA activity in Australia. However, the judge complied with a CIA request not to allow it, because of concerns about revealing secret government information.
Both Lee and Boyce were found guilty of selling secrets to the Soviets. Lee was immediately given a life sentence. However, Boyce was sent for 90 days of psychiatric evaluation, which indicated that he might get a light sentence, probably if he kept quiet about the allegations concerning Australia. Boyce made it clear he was “outraged” about the treatment of Australia, and was subsequently given a 40 year sentence. He is kept in solitary confinement.
In 1980, Boyce escaped from prison, and led the Federal Marshalls on an 18-month chase before he was caught again. The total sentence he now has to serve is 68 years. The circumstances surrounding his escape are very suspicious.
Others Speak:
RICHARD STALLINGS
Despite repeated denials that Stallings was a CIA employee, Ted Shackley admitted Stallings’ affiliations in his cable to ASIO on the 8th of November, 1975.
Stallings went into early retirement in 1975 after suffering an injury in a car crash.
However, during his tenure as head of Pine Gap, Stallings complained bitterly about CIA activities in Australia. According to Victor Marchetti, who knew Stallings well, Stallings was “copping a lot of static from the clandestine guys operating out of Canberra. Stallings didn’t approve of the stuff at the time; he figured his information-gathering operation at Pine Gap was being put at risk by the station chief’s men, who were interfering in Australia’s political parties and labor unions.” (Mother Jones, p. 20)
JAMES JESUS ANGLETON
In June 1977, during the furore caused by the Boyce trial, Angleton was interviewed on ABC radio’s Broadband program, after complaints from ABC’s top brass that the ABC had run too many programs slamming the CIA. For “balance”, they asked Angleton to come on and give the Agency’s point-of-view. Angleton had “retired” in 1974, but had devoted several years to attempting to restore the CIA’s battered image. Angleton discussed many aspects of the “security crisis” which was the Whitlam government (in his opinion), including Murphy’s raid on ASIO, Pine Gap, and whether the CIA funded political parties in Australia. When asked “If there was any funding by the CIA in Australian politics or unions, would it have had to come through your office in the time that you were there?” Angleton answered somewhat cryptically, “I will put it this way very bluntly – no one in the agency would ever believe that I would subscribe to any activity that was not co-ordinated with the chief of the Australian internal security.” (Freney, The CIA’s Australian Connection, p. 29) . He did not deny CIA funding, nor would he clarify his statement. He simply inferred that if the CIA were involved in Australian politics and unions, ASIO would know about it.
VICTOR MARCHETTI
In an interview with the Sydney Sun, the former CIA agent related what Richard Stallings had told him. He said that Stallings had told him that the CIA station chief in Canberra had channeled money directly to the conservative political parties (Liberals and the National Country Party). Marchetti said that money was used to undermine the Labor Party, since at least 1967. He also said that there were about six to eight “upfront” CIA agents in Canberra, and up to 30 clandestine operatives throughout Australia.
ANONYMOUS SOURCE
Robert Lindsay, who wrote two books about the Boyce trial, interviewed a CIA agent who wished to remain anonymous. The agent confirmed Boyce’s allegations, but said that the CIA involvement in Australia was more complicated than Boyce realised. The agent said that CIA money was given to the Coalition and would probably have been sent through ASIO (Flight of the Falcon).
Whitlam’s Evidence
When the authors contacted former Prime Minister Gough Whitlam, he politely declined to answer questions regarding CIA involvement in Australian politics. He did however, suggest that we read what he had said and written in the past.
While Whitlam was not able on November 11, 1975, to give his evidence to Parliament regarding the CIA and Richard Stallings, he did raise the matter in Parliament on May 4, 1977, because of the allegations of CIA activity brought up by the Boyce trial and by Victor Marchetti, a former CIA employee. Whitlam began by saying, “There is increasing and profoundly disturbing evidence that foreign espionage and intelligence activities are being practiced in Australia on a wide scale.”
He went to speak about the Boyce trial, and said that he had suggested to Prime Minister Fraser that he bring the matter to the attention to Justice Hope (who was still conducting the Hope Royal Commission into intelligence organisations in Australia).
Whitlam then spoke about the cable sent to ASIO headquarters by Ted Shackley. He commented that “In plain terms, the cable revealed that the CIA had deceived the Australian Government and was still seeking to continue its deception. It confirmed that Mr. Stallings had been employed by the CIA. The cable made it clear that the CIA was making what was described, in the jargon of the trade, as an ‘official demarche on a service to service link’ – in other words, without informing the elected Government of Australia. Implicit in the CIA’s approach to ASIO for information on events in Australia was an understanding that the Australian organisation had obligations of loyalty to the CIA itself before its obligations to the Australian Government. The tone and content of the CIA message were offensive; its implications were sinister. Here was a foreign intelligence service telling Australia’s domestic security service to keep information from the Australian Government.”
Whitlam also read out the statement he had prepared in response to Doug Anthony’s question on notice for 11 November, 1975: “I did not disclose that Mr. Stallings was a CIA agent. The Right Honorable gentleman [Anthony] did that. I was informed that Mr. Stallings worked for the CIA, not by the head of the Australian Foreign Affairs Department, or the United States State Department, but by the head of another of our Departments which in turn was informed by a Department in the United States other than the State Department.”
Whitlam then said, “The coup on 11 November prevented that answer being given.” (Hansard, May 4, 1977)
Whitlam also briefly discusses (for less than two pages) CIA involvement in the “security crisis” in his book, The Whitlam Government, 1972-1975. He comments that the newspaper stories disclosing the identity of Stallings and other CIA agents “greatly agitated” both Australian and U.S. security services. “The CIA sent a cable to ASIO which must have been founded on the assumption that ASIO would put its links with the CIA ahead of its obligations to the Australian Government.” He went on to say, “The episode lent colour to allegations that the CIA had been eavesdropping on me and my Ministers and had influenced the Governor-General, Sir John Kerr, to sack us.”
However, Whitlam seems unwilling to say more than that. As he said in Parliament in 1977, “The difficulty which any head of government faces in responding to these matters – or any former head of government…is that he is bound by obligations of secrecy in the national interest. He cannot disclose what he knows. I readily acknowledge my own obligation.” (Hansard, 4 May, 1977, p. 1522). He will not reveal the confidences given to him by, or information about, the American installations in Australia.
While Whitlam seems to accept that at the very least Australia should investigate whether the CIA has interfered with Australian politics, he is not so sure of Sir John Kerr’s role in relation to the security crisis.
In The Whitlam Government, he says, “It is a fact that any country with the technical resources of the U.S. can eavesdrop on anyone in the world if it feels the effort worthwhile….It is not a fact, however, that Kerr, fascinated as he had long been with intelligence matters, needed any encouragement from the CIA.” (pp. 51-52)
“Our Man Kerr”
Among Christopher Boyce’s allegations is that the CIA chief at TRW had referred to Australia’s Governor-General as “Our man Kerr.”
One of the most contentious questions about the dismissal was whether Kerr acted on his own in dismissing Whitlam, or whether he was working to further someone else’s goals. The question has come up in relation to the Liberal-National Party Coalition, and to the CIA and the intelligence community.
Kerr consulted with High Court Chief Justice Sir Garfield Barwick before making the decision about the Senate deadlock. Garfield was a former Liberal minister. Perhaps more serious than that are the allegations that Kerr was informed of the CIA and the intelligence community’s concerns about Whitlam.
Kerr had a long association with the intelligence community, particularly military intelligence. During World War Two, he worked for the Directorate of Research and Civil Affairs, part of military intelligence. Whilst in Washington, he was seconded to the Office of Strategic Services (the OSS, precursor to the CIA). Kerr continued to work in intelligence after the war in the School of Civil Affairs (later renamed the School of Pacific Administration).
Later he became involved with the Association for Cultural Freedom, which is said to be closely affiliated with the activities of the CIA and U.S. State Department. He was also the founding president of the Law Association for Asia and the Western Pacific (LawAsia). Kerr went to the U.S. to obtain funds for LawAsia from the Asia Foundation. The Asia Foundation was discovered in 1967 to be backed by the CIA. According to CIA man Victor Marchetti, the Asia Foundation “often served as a cover for clandestine operations [and] its main purpose was to promote the spread of ideas which were anti-communist and pro-American.” (CIA and the Cult of Intelligence, p. 178-79) Despite this (or because of it?), Kerr again went to the Asia Foundation to obtain funds for LawAsia.
It is not known if Whitlam was aware of Kerr’s association with the intelligence community when he appointed him Governor-General. As Governor-General, Kerr was said to take an unusual interest in foreign policy and intelligence matters.
So much so that, according to Brian Toohey, on November 8, the day that ASIO received Ted Shackley’s cable calling Whitlam a security threat, “a senior Australian defence official” was sent to brief Kerr “about allegations from the CIA that the then Prime Minister, Mr. Whitlam, was jeopardizing the security bases in Australia.” (Financial Review, April 1977). The official is believed to be Dr. John Law Farrands, chief scientist at the Defence Department. He was probably sent by Tange. Farrands, Tange, Kerr all denied that Kerr was briefed about the CIA’s concerns. Whether Kerr was influenced by the CIA’s concerns is not known. But his timing of the dismissal is curious.
Plausible Deniability
As can be expected, there is no “smoking gun” which links the CIA to the demise of the Whitlam government. There is no substantial evidence that there was a carefully orchestrated plot against Whitlam. Nevertheless, there is a large body of evidence pointing to the CIA. As the Governor of Victoria, and a former judge, Richard McGarvie says, “sometimes the most reliable evidence is circumstantial evidence.”
Subtle means were used to bring down the Labor government. All that was necessary was for the CIA to find like-minded people, and whisper in their ears information which could be used to discredit and destabilise their mutual enemy.
The evidence pointing to the CIA’s dirty dealings includes:
Why did Sir John Kerr sack Whitlam on the same day that Whitlam was to provide proof to Parliament that the former head of Pine Gap was a CIA agent, thus proving that the U.S. had been misleading Australia about the bases?
Whitlam was dismissed just weeks before the crucial Pine Gap contract was to be reviewed.
The CIA knew, and informed the U.S. President, that documents used to discredit Jim Cairns were probably forgeries. How did they know? Did they provide them?
Questionable loans brokers with links to Commerce International, itself heavily linked to the CIA.
A draft cable, allegedly from the CIA, admitting that Khemlani was in Australia to cause chaos.
The Christopher Boyce allegations.
The words of several CIA employees.
The deep concern expressed by Ted Shackley’s cable that Whitlam would reveal all about Pine Gap and the CIA in Australia.
All solid evidence of CIA involvement – albeit circumstantial.
The only piece of the puzzle missing is a solitary fact, even small, that points the finger at the CIA knowing and participating not only after the event, but before and during.
The CIA and the U.S. government have repeatedly denied CIA activity in Australia.
In July 1977, President Carter sent Assistant Secretary of State for Asia and the South Pacific, Warren Christopher, out of his way to meet Gough Whitlam at Sydney airport.
Christopher delivered the following message from Carter: “The U.S. State Department will never again interfere in the domestic political process of Australia.” (The Whitlam Government, p. 53 – emphasis added).
The Pine Gap treaty still stands.
The Reserve Powers of the Governor-General to dismiss a democratically elected Government have not been revoked.
The CIA continues operations in Australia.
The events of November 1975 can be repeated.
On December 26, 1995 The Australian newspaper ran a front page story, using newly unclassified documents dated July 1, 1974, dealing with President Nixon ordering a full review of the relationship with the Australian Whitlam Government in the “political-security area”.
Nixon, through Henry Kissinger, set out six areas to be investigated, all dealing with the supposed security threat to the U.S. military bases from the Whitlam government.
Of most importance is that one of the six areas in this now-released memo has been blacked out for security reasons.
This document is of vital importance to understanding that the Whitlam government was indeed seen as a threat by those in power in Washington. The memo was addressed to the acting Secretary of State, Secretary of Defense, the Director of the CIA and also sent to the Joint Chiefs of Staff!
The censored area, taking up four lines of text, now seems to be the “smoking gun” in the case. After twenty years the American Government still deems these few lines of so vital importance that they are withheld from us completely. What the censored order says is open to conjecture. Could it be an order to contact friends or agents within the government or opposition parties? Could it be an order to destabilize the Whitlam Government?
Or could it be an order to re-activate Sir John Kerr as an agent for the CIA?
We will not know until the document is unclassified completely.
The document is viewable on the left.
We have the key in the lock, one more twist and the door will be wide open.
This article was published in New Dawn Nos 39 & 40.
© New Dawn Magazine and the respective authors.
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Why You Should Collect and Buy
We've been tracking the biggest selling comics at NewKadia for 15 years -- 180 months, and incredible as it may seem, Amazing Spider-Man (1963 series) has been the best selling comic here for 178 of the 180 months.
So, the natural question is: "Why?" Well, my friends, the answer is pretty easy. It's because the stories and plots of the original series are among the best ever written and drawn.
Starting with the story of the high-school aged Peter Parker, boy-nerd, turning into a super-hero, the basic themes of the character have touched two generations of readers. The early issues, drawn by Steve Ditko, captured the skinny little Parker character just perfectly. This super-hero was so different, in so many ways, the creative blast was overwhelming to readers then, and remains strong even now.
The movie "Spider-Man 2" captured Parker's angst nearly perfectly (and that's why Roger Ebert called it "the best super-hero movie ever filmed"). Even if you took the big action scenes out of the film, the remaining emotional story line -- Parker's inability to relate to girls -- perfectly captured the spirit of the comic book series and the reality of young adulthood.
If you haven't jumped on board the bandwagon, you should. It is groundbreaking, and often imitated. Whenever a super-hero has had self doubts, or a befuddled state of mind, it's a rip off of this series.
Strip away the super-hero theatrics and the series has great love stories (Peter and the ill-fated Gwen Stacy; Peter and Mary Jane), and the never-ending tale of Peter's blaming himself for his uncle's death.
This original series ran for 441 issues, until they re-started the series in 1999 with issue #1. But, 58 issues later Marvel came back to its senses, and starting with issue #500 re-adopted the original numbering system.
So there you have it. if there ever was an "Academy Award" or "Nobel Prize" for the best ongoing series of the past 50 years, this is the winner if the voters are the customers who have spoken with their wallets.
To buy Spider-Man comics go to Amazing Spider-Man comic books for sale
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Guest Voice: Obama leaves complex legacy
By the normal measures of peace and prosperity, Obama is likely to go down in history as an able, consequential president.
Guest Voice: Obama leaves complex legacy By the normal measures of peace and prosperity, Obama is likely to go down in history as an able, consequential president. Check out this story on news-leader.com: http://sgfnow.co/2jBlYHS
USA Today Editorial Board Published 3:32 p.m. CT Jan. 12, 2017 | Updated 3:38 p.m. CT Jan. 12, 2017
President Obama(Photo: Getty Images )
The value and meaning of President Obama’s presidency is one of the harder to assess.
Obama achieved much in office. He ensured that the Great Recession didn’t turn into another depression. He passed health care reform that eluded previous presidents of both parties. And he brought Osama bin Laden to justice.
Obama was comfortably re-elected and leaves office with respectable approval ratings in the mid 50s.
Yet his personal appeal never transferred to his party, which faced significant losses when Obama wasn’t on the ballot, and now he faces the prospect that much of his legacy could be wiped out by a hostile Republican president and Congress.
So how does he rate? By the normal measures of peace and prosperity, Obama is likely to go down in history as an able, consequential president.
During his watch, the economy added 11 million jobs. Counting from the employment trough early in his presidency, the total was actually 15 million, created in a record-setting 75 straight months of gains.
The Dow Jones industrial average rose by more than 10,000 points during his time in office. Some 20 million people gained access to health insurance. The poverty rate fell, and median household income rose.
Thanks in large part to the fracking boom, America’s greenhouse gas emissions dropped, while domestic oil and gas production rose. His decision to rescue the domestic auto industry, controversial at the time, was clearly the right call as it saved tens of thousands of jobs while forcing changes that made Detroit more competitive than it had been in decades.
The first African American to hold the U.S. presidency, Obama served as a role model while also bringing a sense of class to the White House. His presidency lacked even the hint of personal scandal. And during much of his time in office, he came off as the adult while Congress members fought like schoolchildren.
Obama’s maturity and “no drama” demeanor came in handy when making weighty decisions. But to many Americans, particularly working-class voters, he came across as overly professorial and detached. Indeed, there is palpable irony in those voters associating more with President-elect Donald Trump, a man born into wealth and privilege, than with Obama, whose single mother once resorted to food stamps.
The area where Obama deserves the most criticism is foreign policy. His decision to join with Britain and France to topple Moammar Gadhafi has done little but destabilize Libya. His much touted “pivot to Asia” remains unfulfilled. And he has looked on as democratic institutions around the world have come under attack and as autocratic, and even tyrannical, leaders have gained ground.
Nowhere have his failures been as glaring as in the Middle East. His one great accomplishment was the Navy Seal raid that killed bin Laden in Pakistan in 2011. After that, his record has been much more checkered. He failed to foresee the rapid rise of the Islamic State terrorist group in Iraq after U.S. forces departed, then did little as neighboring Syria fell into civil war, leaving hundreds of thousands dead and creating a wave a refugees who have roiled Western democracies.
These shortcomings will have to be considered alongside his many domestic accomplishments in assessing a legacy that is sure to be complex. His achievements, many coming despite implacable opposition, will also have to be evaluated in coming years to see which ones survived Republican attacks and the test of time.
Being president in a dangerous world and a hyperpartisan age is enough to turn anyone’s hair gray. Even though he failed to change the tone in Washington or bring about a “post-racial” society, Obama finishes with much to be proud of. His approval rating is roughly 20 points ahead of President George W. Bush’s final polls. And Obama’s favorability rating is more than 10 points above Trump’s, even after the president-elect’s post-election bump.
It is difficult to say those numbers are not warranted. Obama inherited a collapsing economy and passed on a vibrant one. He kept America out of stupid wars, such as his predecessor’s invasion of Iraq. With the transition of power just days away, sometimes, as Joni Mitchell sang, you don’t know what you’ve got till it’s gone.
This editorial was published on Jan. 9 by USA Today.
Read or Share this story: http://sgfnow.co/2jBlYHS
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USA Today Editorial Board
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Home / News / Politics / World / Republican Senator Blasts Trump: 'We May Have Hit Bottom'
Republican Senator Blasts Trump: 'We May Have Hit Bottom'
May 24, 2018 News, Politics, World
Civil rights activist U.S. Rep. John Lewis is set to address Harvard University graduates, capping off several days of activities that also featured speeches from Republican Ohio Gov. John Kasich (KAY’-sihk) and Republican Arizona Sen. Jeff Flake.
Sen. Jeff Flake, R-Ariz., takes questions during a TV news interview about the pending vote to confirm Mike Pompeo as secretary of state, on Capitol Hill in Washington, Thursday, April 26, 2018.AP Photo/J. Scott Applewhite
Flake, who is not seeking reelection, torched U.S. President Donald Trump in his remarks.
“Our presidency has been debased by a figure who has a seemingly bottomless appetite for destruction and division and only a passing familiarity with how the Constitution works,” Flake said Wednesday.
“You might reasonably ask, where is the good news in that? Well, simply put: We may have hit bottom,” he continued. “Oh, and that’s also the bad news. In a rare convergence, the good news and bad news are the same — our leadership is not good, but it probably can’t get much worse.”
The 78-year-old Lewis is a Georgia Democrat known for leading the 1965 “Bloody Sunday” march across the Edmund Pettus Bridge in Selma, Alabama.
The Ivy League school is hosting its 367th commencement ceremony on Thursday with a keynote speech from Lewis.
Previous speakers include Facebook CEO Mark Zuckerberg and director Steven Spielberg.
A coalition of Harvard students says it will be passing out Time’s Up stickers at graduation to show solidarity against sexual misconduct.
The group has pushed Harvard to change how it handles those cases.
Read Senator Flake's full speech here:
Dean Manning, graduates, class marshalls, families and faculty:
It is such an honor to stand before you today, on this very special day of celebration and accomplishment for you and your families, in this annual season of advice-giving. That is why I am here. I am very much hoping you can give me some advice.
I’ll soon be in the job market myself.
I feel truly privileged by your invitation. Congratulations to the Harvard Law Class of 2018! To be here in this place that has produced so many of our nation’s leaders and our finest legal minds is deeply humbling.
An institution that gave the world Oliver Wendell Holmes, a majority of the current Supreme Court, and not only Barack but Michelle Obama, too — well, it all has me wondering if I didn’t somehow receive this invitation by mistake.
I’ll always remember the decadent celebration after graduation at my beloved alma mater, BYU. Bowl after bowl of rocky road, double fudge chunk and butter pecan. Hey, when you’re Mormon, ice cream is all you’ve got.
I am not only humbled by this place, I am also humbled by this moment in the life of our country. You see, you are set to inherit the world in just the nick of time.
I am also especially humbled given the fact that I come to you today from the political class. In utter seriousness, it is I who could benefit from listening to you today rather than speaking to you, as I am not so sure that there is much distilled wisdom to be imparted from Washington these days, given what has lately become the tawdriness of my profession.
I am here today as representative of a co-equal branch of our federal government which is failing its constitutional obligations to counteract the power of the president, and in so doing is dishonoring itself at a critical moment in the life of our nation.
And so, with humility, let me suggest that perhaps it is best to consider what I have to say today as something of a cautionary tale -
-about the rule of law and its fragility;
-about our democratic norms and how hard-won and vulnerable they are;
-about the independence of our system of justice, and how critically important it is to safeguard it from malign actors who would casually destroy that independence for their own purposes and without a thought to the consequences;
-about the crucial predicate for all of these cherished American values: Truth. Empirical, objective truth;
-and lastly, about the necessity to defend these values and these institutions that you will soon inherit, even if that means sometimes standing alone, even if it means risking something important to you, maybe even your career. Because there are times when circumstances may call on you to risk your career in favor of your principles.
But you and your country will be better for it. You can go elsewhere for a job, but you cannot go elsewhere for a soul.
Not to be unpleasant, but I do bring news from our nation’s capital. First, the good news: Your national leadership is not good. At all. Our presidency has been debased by a figure who has a seemingly bottomless appetite for destruction and division and only a passing familiarity with how the constitution works.
But this is an experience we could and should have avoided. Getting to this state of distress did not occur naturally. Rather, this was thoroughly man-made. This disease of our polity is far too serious to not be recognized for what it is, the damage it threatens to do to our vital organs is far too great for us to carry on as if all is well. All is not well. We have a sickness of the spirit. To complete the medical metaphor, you might say that we are now in critical condition.
How did we arrive at a moment of such peril, wherein a president of the United States publicly threatens— on Fox & Friends, historians will note — to interfere in the administration of justice, and seems to think that the office confers on him the ability to decide who and what gets investigated, and who and what does not? And just this week, the President — offering an outlandish rationale, ordered an investigation into the investigation of the Russian attack on our electoral process — not to defend the country against further attacks, mind you, but to defend himself. Obviously, ordering investigations is not a legitimate use of presidential power.
I pick this egregious example of recent presidential conduct not because it is rare in terms of this president’s body of work, but because it so perfectly represents what we have tragically grown accustomed to in the past year and a half. Who would have thought that we would ever see encouragement coming from the White House for chants at rallies calling for the jailing of a defeated political opponent. When you don’t even know that there are limits on presidential power, then you might not even care when you are abusing that power.
How did this happen to us? And what might we learn from it? How did we get swept up in this global resurgence of the authoritarian impulse, which now has democracies teetering on the brink, strongmen placing themselves above the law, and in our own country a leader who reveres some of the most loathsome enemies of democracy in our time?
Have we really grown tired of democracy? Are we watching its passing, cheered on by the America First crowd even as we cast aside global institutions that have fostered freedom, prosperity and peace for more than a half-century?
For just a moment, let us marvel at the miracle that is the rule of law. We have seldom been moved to pause for such an appreciation, as we have been too busy taking it for granted and assuming its inviolability — like gravity. But unlike Newton’s Laws, the rule of law was neither innate nor inevitable. What goes up must come down is a piece of cake compared to curbing the impulses of man and asking free people to abide rules and norms that form a country, and foster civilization.
It took centuries of war and sacrifice and social upheaval and more war and great civil rights struggles to establish the foundational notion that no one is either above the law or unworthy of the protections afforded by a robust legal system, a system that took us from feudal servility to a constitutional model that is the envy of the world. And will continue to be, with your help.
We trace the beginnings of this radical egalitarianism — of the awesome and leveling effect of the law – to the Glorious Revolution of 1688, which saw the death of the divine right of kings, as even the monarch from that point forward would be subject to the law — and the parliament even threw in a bill of rights for good measure.
But we are now testing the durability of this idea that William III first had the good sense to agree to, an idea which was then forged and tempered over the ensuing centuries. And we are seeing its vulnerabilities. In other parts of the world where democracy’s roots are not so deep, we are seeing it being torn down with sickening ease and shocking speed. And worse, we are seeing the rise of simulated democracies, Potemkin democracies, democracies in appearance and affect only.
Rule of thumb: If the only acceptable outcome in a matter of law or justice is a result that is satisfactory to the leader, then you might live in a democracy that is in trouble. If the leader attacks the legitimacy of any institution that does not pay him obeisance — say, the independent judiciary, or the free press — then you might live in a democracy that is in trouble. Further to that point: when a figure in power reflexively calls any press that doesn’t suit him “fake news,” it is that person who should be the figure of suspicion, not the press.
It will be the work of your generation to make sure that this degradation of democracy does not continue — to see to it that our current flirtation with lawlessness and authoritarianism does not become a heritable trait to be passed down from this presidency.
The rule of law is an elemental value, a value that preceded and gave rise to our Constitution. It is not an ideology subject to the pendulum swings of politics, or something to be given a thumbs-up or thumbs-down in a call-in to your favorite morning show. It is the basis of our system of self-governance. America without the rule of law is no longer America.
I am a conservative Republican, a throwback from the days when those words actually meant something, before the collapse of our politics into the rank tribalism we currently endure. My sounding this alarm against a government that was elected under the Republican banner and that calls itself conservative makes me no less Republican or conservative. And opposing this president and much of what he stands for is not an act of apostasy it is, rather, an act of fidelity.
Because we forget this fact far too often, and it bears repeating a thousand times, especially in times such as these: Values transcend politics.
Republican Senator Blasts Trump: 'We May Have Hit Bottom' Reviewed by newsrepublique media on May 24, 2018 Rating: 5
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Professor Publishes First Book on Nanophotonics
22-Apr-2004 12:50 PM EDT
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Nanophotonics
TYPE OF ARTICLE
Nanophotonics, Nanotechnology, Photonics, Nanoparticles
Like any emerging technology, nanophotonics -- the science behind light and matter interacting on the nanoscale -- is ripe for all kinds of claims ranging from the sublime to the far-fetched. So it is an opportune time for the publication of Nanophotonics (John Wiley & Sons, March 2004), the first book to comprehensively cover nanophotonics, both as a fundamental phenomenon and as the origin of technologies and devices that will impact fields ranging from information technology to drug delivery.
Authored by Paras N. Prasad, Ph.D., SUNY Distinguished Professor in the Department of Chemistry in the College of Arts and Sciences at the University at Buffalo and executive director of UB's Institute for Lasers, Photonics and Biophotonics, Nanophotonics is written so that it can be understood by established scientists and advanced undergraduates alike.
"Nanophotonics means different things to people," said Prasad, who also holds appointments in the UB departments of Physics, Electrical Engineering and Medicine. "One of the reasons I was compelled to write this book was in order to present to readers the first unified picture of the field."
Prasad, one of the earliest pioneers in photonics, is known for his work developing novel photonic materials with applications ranging from information storage to photodynamic cancer therapy and bioimaging, as well as the recent development of magnetic "nanoclinics," thin silica bubbles that can target cancer cells.
He offers a multidisciplinary course at UB on nanophotonics, as well as a short course on the subject at meetings of the International Society for Optical Engineering. He also is the lead investigator on a federally funded, multi-institutional consortium to conduct research in nanophotonics that includes the University of California at Berkeley, Massachusetts Institute of Technology, the University of Washington and Yale University.
Prasad says his objective is to interest young, as well as established, scientists about the potential that awaits them in nanophotonics research.
"We are living in an age of 'nano-mania,'" writes Prasad, "when everything nano is considered to be exciting and worthwhile."
He points to the many government attempts worldwide to pour investments into nanotechnology research, as well as optimistic market projections.
While the most optimistic of these focus on applications that lay five or 10 years in the future, the book also describes the many so-called "low-tech" applications of nanophotonics that already have hit the market.
According to the book, such applications include nanoparticles that are said to improve the performance of sunscreen products, automotive coatings, even self-cleaning windows.
But according to Prasad, the interaction between light and matter at a scale shorter than the wavelength of light makes possible many phenomena that are not even feasible with conventional electronics or photonics. These interactions or phenomena could make much more efficient solar-power generators, high-band-width and high-speed communications, high-capacity data storage and flexible displays.
Biomedical applications include more powerful diagnostic techniques, as well as light-guided and light-activated therapies.
Drawing in part on the research Prasad and his colleagues have pioneered at UB's Institute for Lasers, Photonics and Biophotonics, the book covers this very multidisciplinary field from foundations to materials, applications, theory and fabrication.
After a brief discussion of photons and electrons, the most basic components of nanophotonic materials and systems, Prasad takes his readers through increasingly specific examples of nanophotonic phenomena and their applications.
Topics covered include near-field interaction and microscopy, inorganic semiconductors, plasmonics (which involves metallic nanostructures) growth and characterization of nanomaterials, nanostructured molecular architectures, photonic crystals, nanocomposites, nanolithography, and biomaterials, as well as nanophotonics for biotechnology and nanomedicine.
In describing the market for nanophotonics, the book also identifies four key areas that could significantly benefit from targeted research into nanophotonics:
* Wider use of clear solor power through the development of flexible, low-cost, large-area plastic solar panels and solar tents can be envisioned from the use of inorganic/organic hybrid nanostructures and nanocomposites
* Advances in nanophotonic integrated circuits resulting from boosts in processing speed, bandwidth, storage and resolution and the increased demand for flexible displays
* Better, multiple sensors for medical and environmental monitoring based on nanoscale optoelectronics
* Improved diagnostics and drug treatments from the use of light-guided and light-activated therapies using nanoparticles
The University at Buffalo is a premier research-intensive public university, the largest and most comprehensive campus in the State University of New York.
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Is Mountainview’s OK Mohave’s end?<br>
Originally Published: December 10, 2003 6:10 p.m.
On Nov. 18, California Public Utilities Commission (CPUC) Administrative Law Judge Carol Brown issued a proposed decision on Southern California Edison’s application to purchase a natural gas fired power plant that some think will be the death knell for the Mohave Generating Station.
Brown’s proposal comes in response to Southern California Edison’s (SCE) July 21, 2003 application to the CPUC to buy the as-yet-unfinished Mountainview power plant 60 miles east of Los Angeles.
The Mountainview plant is described in the decision as a “new state-of-the-art combined-cycle gas turbine generating station…with an expected net electrical output of 1,054 MW…. The facility will use natural gas as its sole fuel, and the gas will be delivered via a new 17.5-mile gas interconnection lateral to be built by Southern California Gas Company (SoCalGas). The water supply for Mountainview will be treated reclaimed wastewater from the City of Redlands and groundwater from wells on the site.”
Navajo motion
Less than a month after SCE filed the Mountainview application, the Navajo Nation filed a Motion to Intervene in the proceeding, stating, “The Navajo Nation seeks to intervene in this proceeding to ensure that issues regarding the future of the Mohave Station are not considered in this rulemaking, but that they are properly considered in A.02-05-046, the Application of Southern California Edison Regarding the Future Disposition of Mohave Generating Station.”
The Mohave proceeding was started on May 17, 2002 when SCE, the majority owner of 30-year-old coal-fired power plant, filed an application with the CPUC asking to shut down Mohave or to have California ratepayers foot the bill for the initial $58 million needed to begin installing pollution controls.
In the year and a half since the Mohave application was filed, the commission has had to deal with two major issues. The first is tribal and popular opposition to Peabody Coal’s use of more than 4,000 acre feet a year of N-aquifer water to slurry coal from the Black Mesa Mine to Mohave.
Peabody, under leases with the Hopi Tribe and the Navajo Nation, mines Hopi and Navajo coal on Black Mesa at two facilities, the Black Mesa Mine and the Kayenta Mine. Coal from the Black Mesa Mine is dedicated to Mohave and is transported 273 miles to the plant in Laughlin, Nev., through a coal slurry pipeline.
The second issue facing the commission is that Mohave owners are under court order to install pollution control equipment at the plant. The installation of the equipment and other repairs at the plant and to the pipeline are estimated by SCE to cost more than $1 billion. The work necessary to fulfill the terms of the Consent Decree is already far behind schedule, virtually ensuring that the Mohave plant will have to be shut down at the end of 2005 (the deadline set by the court order) for an undetermined period of time.
If the plan in Judge Brown’s Nov. 18 proposed decision goes forward, the Mountainview plant will be a wholly-owned subsidiary of SCE, from which SCE, Mountainview’s only customer, will buy electricity according to the terms of a proposed 30-year contract. Mountainview is expected to go online in 2006.
During the proceeding, SCE made several price comparisons between acquiring the Mountainview plant and other options for electricity generation, such as building a natural-gas fired power plant from scratch. In each case, SCE found that Mountainview was the most financially advantageous to California ratepayers.
What the CPUC did not require, and SCE did not do, despite strong urging from the Navajo Nation as an intervenor, was to compare the costs of acquiring and completing Mountainview with the costs of keeping Mohave operational after the end of 2005.
Dr. Charles J. Cicchetti, testifying on behalf of the Navajo Nation in the Mohave proceeding on Oct. 10, stated, “…[T]he need for generation expressed by SCE in its Mountainview proceeding is totally at odds with its M[ohave] G[enerating] S[tation] Application. It is inconceivable that a cost effective 1,580 MW generating station would be so seemingly casually abandoned, as SCE has proposed here. MGS has been a valuable and cost effective workhorse for SCE and the West. Even with the cost of upgrades, and paying more for coal and water, MGS would still be a cost effective plant. At a minimum, SCE needs to reconcile its expression of imminent ‘need’ in its Mountainview proceeding with shutting down MGS in this proceeding, especially when no other party agrees that this should happen.”
The commission has expedited the Mountainview proceeding because SCE had an option to buy the partially-built power plant at a “discount price” that expired at the end of last month. SCE may, however, extend the option to buy to February 29, 2004, although the price and option payments would increase. The CPUC also granted a “one-time waiver” of one of its own rules on transactions between affiliates (in this case SCE and its wholly-owned subsidiary Mountainview) to get this project moving forward, despite objections from the Navajo Nation.
Looming gap
Dr. Cicchetti argued for the Navajo Nation that in proving that there was a need for Mountainview and that the contractual relationship between SCE and Mountainview should be allowed, SCE had stated that there was a “looming gap” between electricity needs and electricity generating capacity for California ratepayers.
“In Responses to Data Requests in its Mountainview Application… SCE states that it ‘…has a “looming gap” in its dispatchable generation needs due to a number of factors: continued load growth, expected resource adequacy requirements, expiring contracts and contract allocations, and the assumed shutdown of the Mohave plant’ [emphasis added by Dr. Cicchetti].
“However, in its application to shut down MGS, SCE is seemingly cavalier about the need for capacity. Yet, in its Mountainview application, SCE attempts to justify the need for the sweetheart PPA [purchase agreement] with its wholly-owned subsidiary by claiming a “looming gap” in its dispatchable generation, a looming gap caused in large part by its anticipated shut down of the MGS plant. So, on one hand, SCE wants to shut down the MGS, while on the other hand SCE attempts to justify the need for an expensive, self-dealing PPA based on closing the MGS. SCE is talking out of both sides of its mouth.”
While the CPUC did not require that the cost of electricity generation at Mountainview and Mohave be compared, it did include in its proposed decision this statement regarding the separation of the two proceedings: “Nothing done by the adoption of this decision concerning the acquisition of Mountainview prejudges the Commission’s determination of the future of the Mohave Generating Plant in [Proceeding] A.02-05-046.”
(Tanya Lee is a northern Arizona freelance writer.)
Time to develop a long-term tribal sustainable energy policy
SRP nixes efforts at Mohave, citing economic feasibility
Black Mesa Trust: Solar power is the future for Hopi
Black Mesa Trust to request Mohave proceeds for Hopi and Navajo
Just Transition Coalition wins request for formal mediation from CPUC
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12:06 AM Fri, July 19th
Hopi Council revives appellate court
Originally Published: October 20, 2009 3:19 p.m.
KYKOTSMOVI, Ariz. - The Hopi Tribal Council has appointed Anna M. Atencio, Paul S. Berman and Robert Clinton to the Hopi Tribal Appellate Court. This action was recommended in conjunction with the Tribal Council Secretary, Mary Felter, Chief Judge Gloria Kindig, and the Law Enforcement Task Team. Each will hold a term of six months.
This appointment allows the Hopi Tribal Appellate Court to move forward on a caseload many feared would only gather more dust.
According to a press release from the Tribal Council, "Council members previously had determined that the appellate court was not fully constituted because two judges were not lawfully appointed and approved of by the council, giving rise to two court vacancies. The remaining appellate judge, Frederick Lomayesva, who had been appointed to an indefinite term in 1994, was not able to carry out the functions of the court alone, the council decided."
On Nov. 12, 2008, the Tribal Council passed Resolution 075-2008, which authorized SWITCA to act as the Hopi Tribal Court of Appeals, granting full appellate jurisdiction to SWITCA according to Hopi Tribal law. It also authorized SWITCA to appoint a panel of three judges to hear these cases, as long as the judges meet the qualifications of Hopi Tribal Ordinance 21, Section 1.2.2.
Section 1.2.2 provides that "any individual who is a graduate of an accredited school of law and who is over the age of 30 years and has never been convicted of a felony shall be eligible to be appointed a judge of the Appellate Court of the Hopi Tribe."
The Council has now withdrawn "all authority and jurisdiction granted by Hopi Tribal Resolution H-078-2009 to Southwest Intertribal Court of Appeals" with the appointment of the three new judges.
Former Chairman Ben Nuvamsa explained in an e-mail released to members of the press that "No one questions the quality of service that SWITCA provides to other tribes." Questions do remain as to whether the Tribal Council has the authority to appoint judges under Ordinance 21.
Gary LaRance describes himself as Chief Judge of the Hopi Tribal Court - in exile.
"I was terminated from my position in a way that violated my rights, and as a result I filed a lawsuit against the Hopi Tribe in May 2006. For over two years, my case still has not been heard," he said.
LaRance described one of the goals he held as Chief Judge. "My goal as an attorney and a judge was to create a strong, viable and fair judicial court system that would operate without fear of political influence and interference," he said.
Nuvamsa, Lomayesva and Alph Secakuku were also among those illegally removed from office, LaRance said.
LaRance described the political and legal struggle that ultimately led to what he believes was an attack by certain members of the tribal council against the Hopi Court of Appeals.
Subsequent actions, including the removal of Lomayesva and the appointment of SWITCA, were illegal according to LaRance.
"Ordinance 21, passed by the Tribal Council in 1972, creates our judicial branch," LaRance said. "This ordinance describes what powers the courts hold, who can appoint judges, the cases the courts have the authority to hear. Ordinances are only secondary to the Hopi Tribal Constitution. The Hopi Tribal Council cannot pass resolutions conflicting with the constitution or its ordinances."
LaRance compared the status of a resolution to a policy statement.
"It is not law," LaRance said. "It is a statement that this is our policy."
LaRance filed a lawsuit against the Hopi Tribe for what he described as improper removal from his seat-he had not been afforded a hearing, the right to call witnesses, to hear and cross-examine witnesses against him, or to defend himself in any way.
Secondly, LaRance contends that the tribal council had no authority to shut down the Hopi Court of Appeals, and stands in violation of Ordinance 21.
Finally, the council transferred appellate court authority to SWITCA in direct violation of Ordinance 21-this action could only be authorized by amendment of that ordinance, LaRance said.
"The Hopi Tribal Council does not have the authority to appoint the new judges," LaRance said. "Under Ordinance 21, the Hopi Tribal Chairman appoints new judges-it's a two part process. The chairman appoints judges, and the Hopi Tribal Council approves. We have no tribal chairman.
"This is the same process that the federal government follows," LaRance continued. "The president appoints judges to the Supreme Court, and the senate approves that appointment. The Supreme Court would never even consider such a violation of executive authority."
In conclusion, LaRance again asserted that his goal is to establish a strong, viable judicial system independent of tribal politics.
"I object to seeing the tribal council trampling over the judicial system," LaRance said. "I feel that the actions taken over the past two years have been an attempt to wipe out Ben and his supporters. I don't want our council to interfere with the function of our judicial branch.
"When a government is allowed to shut down a court, there is no place to turn to for justice," LaRance said. "The only difference between Hopi now and those countries where coups take down elected governments is that over there, they have guns. At Hopi we face tribal resolutions and shutdowns.
Hopi Chief Judge reinstated by Hopi Appellate Court
Hopi Council appoints new judges to court
Guest viewpoint: Hopi needs targeted constitutional reform
Hopi Council upholds suspension of Hopi Court
Hopi Governance Workshop addresses power of villages under Constitution
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Does heart drug boost cancer survival?
Beta-blocker drugs could be a “skin cancer ‘lifesaver’,” the Daily Mail has today reported. The newspaper said that the inexpensive heart pills “could save the lives of thousands of patients with the deadliest form of skin cancer”.
This news is based on research examining how the risk of death among patients with malignant melanoma skin cancer related to their use of beta-blocker drugs, which are often used to treat heart problems and high blood pressure. Using Danish medical records on over 4,000 patients, researchers identified those who used beta-blockers before their cancer diagnosis and compared their survival with patients who had never used them.
Contrary to what news reports might have suggested, they found the use of beta-blockers was not linked to the risk of dying from melanoma, although it was associated with a reduced risk of death from other causes.
The design of this study and the fact that it did not record certain types of vital information (such as specific cause of death) means it can only suggest a relationship between beta-blockers and death risk but not expand upon the reasons why.
While it is possible that these commonly used drugs genuinely did prevent deaths in this study, more data will be needed confirm that this is the case. In addition to this, why this occurred and why the drugs did not reduce deaths from melanoma in any meaningful way also needs to be established.
The study was carried out by researchers from Ohio State University in the US and Aarhus University Hospital in Denmark. The research was funded by the US National Institutes of Health, and the Gilbert and Kathryn Mitchell Endowment.
The study was published in the peer-reviewed journal Cancer, Epidemiology, Biomarkers & Prevention.
The reporting on this research had a number of flaws and the Daily Mail ’s headline describing beta-blockers as a ‘skin cancer lifesaver’ that keeps tumours from growing is inaccurate. The study did not directly assess the impact of previous beta-blocker use on tumour growth.
The newspaper also quoted figures suggesting a reduced risk of death from melanoma among patients who had taken beta-blockers within 90 days of diagnosis, but these figures were not statistically significant.
This cohort study aimed to determine whether the use of beta-blocker drugs prior to patients’ melanoma diagnosis related to their subsequent risk of dying, either directly due to the cancer or from any cause.
The researchers say that evidence is increasingly pointing to the role of stress hormones in the progression of certain types of cancer, including melanomas. They hypothesised that the use of beta-blockers, which are commonly prescribed for the treatment of heart conditions, could be effective in preventing the growth of melanoma tumours through their ability to inhibit stress hormones known as catecholamines.
A cohort study is an appropriate design to assess the association between two factors (in this case previous medication use and death), although the observational nature of this study makes it an inappropriate method by which to determine causality.
The researchers identified all cases of malignant melanoma by examining data from three registries: the Danish Cancer Registry, the Causes of Death Registry and the Danish National Registry of Patients. They then used registry databases to collect information for all identified melanoma patients on:
the exposure of interest, use of beta-blockers and other drugs
the outcomes of interest, death due to melanoma or any cause
the presence of possible confounding factors, such as age and the diagnosis of other illnesses and cancer stage at time of diagnosis
The researchers divided the melanoma patient cohort into subgroups based on the use of beta-blockers. The patients were split into three groups of those who had been prescribed beta-blockers in the 90 days before cancer diagnosis, those who had been prescribed beta-blockers more than 90 days before cancer diagnosis, and those who had never been prescribed beta-blockers.
The researchers then conducted two separate analyses. The first examined the risk of dying from melanoma in each group and the second looked at the risk of dying from any cause in each group.
The researchers identified a total study population of 4,279 melanoma patients in northern Denmark. The found that 660 (15.8%) of these patients had been prescribed beta-blockers before their cancer diagnosis. Of these:
372 (8.9%) patients had been prescribed beta-blockers within the 90 days prior to their cancer diagnosis. They had used the drug for an average of eight years.
288 (6.9%) patients had been prescribed beta-blockers more than 90 days prior to their cancer diagnosis and used the drug for an average of 27 years.
The remaining 3,619 participants had never used beta-blockers prior to their diagnosis. Among these participants:
314 (8.9% of the total study population) were prescribed the drug after their cancer diagnosis and used the drug for an average of 2.5 years.
The remaining 3,305 patients did not use the drug before or after diagnosis. This group was considered to be ‘unexposed’ to beta-blockers.
The researchers found that those who had been prescribed beta-blockers at any time prior to cancer diagnosis tended to be older (in their 60s) and to take more cardiovascular drugs than the group with no exposure to the drug (who were in there 50s).
The researchers then analysed the risk of death within a given time period due to melanoma, controlling for the influence of age and the presence of other illnesses. They found that:
There was no significant difference in risk of death in patients who had been prescribed beta-blockers in the 90 days before cancer diagnosis compared to those who had never taken beta-blockers. (hazard ratio [HR] 0.87, 95% confidence interval [CI] 0.64-1.20, p=0.408).
Patients who had been prescribed beta-blockers more than 90 days before diagnosis had a 64% reduced risk of dying from melanoma compared to patients who had never used the drugs (HR 0.36, 95% CI 0.20-0.66, p=0.001). Only 11 of these long-term users had died by the time of the analysis.
When the researchers analysed the risk of death due to any cause within a given time period (all-cause mortality), adjusting for age and the presence of other illnesses, they found that:
Patients who had been prescribed beta-blockers in the 90 days before diagnosis had a 19% reduced risk of dying from any cause compared to those who had never used beta-blockers (HR 0.81, 95% CI 0.67-0.97, p=0.02).
There was no significant difference in risk of death from any cause in patients who had been prescribed beta-blockers more than 90 days before diagnosis compared to the unexposed patients (HR 0.78, 95% CI 0.60-1.00, p=0.052).
The researchers conclude that their study uncovered an “association of beta-blocker use with reduced risk of death in patients diagnosed with malignant melanoma, the most deadly form of skin cancer”. They say that this observed increase in survival time ‘suggests that this class of drugs may hold promise (as a) treatment strategy for these patients’.
This study suggests that there is an association between beta-blocker use and risk of death from any cause in patients diagnosed with malignant melanoma. The research has the advantage of being a large, population-based study that used data from several regularly updated databases. This aids in ensuring that the sample of patients studied was representative of the wider population, and that the information on drug use and cause of death was accurate.
However, the study has several limitations that should be considered when interpreting the results. For example, the study was not controlled, and while the researchers attempted to adjust for likely or known confounding factors, there may be other unknown patient characteristics that account for the relationship. For example, heart failure is a common reason for prescribing beta-blockers but the researchers do not record the reasons why people were taking beta-blockers or how many died from heart failure.
The dataset used to perform the analyses was also incomplete. Across the whole study population, 18.4% of the patients had missing information on how advanced their melanoma was at time of diagnosis, and in the group who were taking long-term beta-blockers, 50% of patients did not have this data noted. This amount of missing information could result in bias.
Additionally, this study did not report the results of the association between beta-blocker prescription after diagnosis and risk of death. In order to understand whether beta-blockers could be prescribed as a treatment for patients with malignant melanoma these results would be valuable.
While the study does examine the association between beta-blocker use before diagnosis and reduced risk of all-cause mortality, this may be of limited clinical usefulness as it is unlikely that beta-blockers would be suitable as a long-term preventative measure given before the onset of any disease.
The researchers hypothesise that beta-blockers could be an effective means of inhibiting tumour growth, by preventing the formation of new blood vessels. However, this study did not test this hypothesis because it did not examine the formation of new blood vessels in the patients.
The researchers also say that previously published studies have indicated that beta-blockers may provide an effective treatment for melanoma patients. While this study may prove useful in terms of justifying further research, it does not in itself provide sufficient evidence for the use of beta-blockers in the treatment or prevention of melanoma.
Skin cancer 'lifesaver': The 5p heart pill that stops tumours growing
Daily Mail, 10 October 2011
Lemeshow S, Sørensen HT, Phillips G et al.
β-Blockers and Survival among Danish Patients with Malignant Melanoma: A Population-Based Cohort Study
Cancer Epidemiology Biomarkers & Prevention October 2011 20; 2273
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Back to Medication
Reduced antibiotic prescribing did not raise serious infection rates
"Surgeries that handed out the fewest pills do not have higher rates of serious illnesses," the Daily Mail reports.
A new study looked at the impact of prescribing patterns of antibiotics by GPs. The researchers were particularly interested in seeing what happened in practices where GP's did not usually prescribe antibiotics for what are known as self-limiting respiratory tract infections (RTIs).
RTIs include coughs, colds, and throat and chest infections that normally get better by themselves. Using antibiotics to treat these types of infection is not recommended as it can contribute to the growing problem of antibiotic resistance.
Researchers wanted to look at two main outcomes:
whether a reduction in antibiotic prescribing would lead to an increase in RTI rates
whether a reduction in antibiotic prescribing would lead to an increase in potentially serious RTIs, or a serious complication of an RTI, such as meningitis
Researchers assessed prescribing patterns and RTI incidence rates in more than 4 million patients across 630 GP practices in the UK. They found that reduced prescribing did not necessarily put patients at any greater risk of RTIs, or serious complications, except for a very small increase in pneumonia (0.4% yearly).
The researchers hope that findings from this study will help raise awareness about the importance to public health of only using antibiotics when necessary.
Giving a patient antibiotics for a cold or cough, just to reassure them, rather than meeting a clear clinical need, should be a thing of the past.
The study was carried out by researchers from King's College London, the University of Southampton, University of Bristol and The Health Centre, Oxford. It was funded by the UK National Institute for Health Research Health Technology Assessment programme initiative on antimicrobial drug resistance.
The study was published in the peer-reviewed British Medical Journal (BMJ) on an open-access basis, so is free to read online.
The Daily Mail's coverage of this study was generally accurate, giving a balanced report on the study and its potential implications.
This was a cohort study which aimed to determine whether the incidence of some diseases was higher in general practices that prescribe fewer antibiotics for self-limiting respiratory tract infections (RTIs).
Cohort studies are able to suggest a potential link between exposure and outcome but, on their own, can't confirm cause and effect. It is possible that other factors influenced the incidence of respiratory diseases observed in this study.
The researchers used data from the UK Clinical Practice Research Datalink (CPRD), which contains records from about 7% of general practices nationwide. The database is considered to be broadly representative of the UK population.
Data from 2005-2014 was analysed which allowed for a cohort of 4.5 million registered patients. The study evaluated the number of first episodes of the following respiratory tract infections:
pneumonia – infection of the lungs
empyema – pockets of pus that collect inside the body; often between the outside of lungs and the chest cavity
peritonsillar abscesses (quinsy) – a serious tonsil infection
mastoiditis – a serious ear infection
bacterial meningitis – a serious infection of the of the protective membranes that surround the brain and spinal cord
intercranial abscesses – serious infections that occur in or around the brain
The researchers also evaluated the rates of RTI consultations and antibiotic prescribing per 1,000 patients, and the proportion of RTI consultations with antibiotics prescribed. This data was used to investigate the association between antibiotic prescribing rate and antibiotic prescribing proportion with rates of infective complications.
Overall, from 2005-2014 the results showed that reductions in the rate of antibiotics prescribed were not necessarily linked to any greater risk of respiratory infection apart from pneumonia.
The RTI consultation rate continued in its long-term decline; it decreased from 256 to 220 per 100,000 in men and from 351 to 307 per 100,000 in women.
The antibiotic prescribing rate for RTIs also declined from 128 to 106 per 100,000 in men, and from 184 to 155 per 100,000 in women.
The proportion of RTI consultations with antibiotics prescribed declined from 53.9% to 50.5% in men, and from 54.5% to 51.5% in women.
Over the same period, declining rates of incidence were observed for peritonsillar abscesses (1% yearly), mastoiditis (4.6%) and meningitis (5.3%).
Pneumonia showed an increase of 0.4% yearly, and no clear change was observed for empyema and intracranial abscesses.
The researchers concluded: "Antibiotic prescribing for RTIs might expect a slight increase in the incidence of treatable pneumonia and peritonsillar abscess. No increase is likely in mastoiditis, empyema, bacterial meningitis, intracranial abscess, or Lemierre's syndrome.
"Even a substantial reduction in antibiotic prescribing was predicted to be associated with only a small increase in numbers of cases observed overall, but caution might be required in subgroups at higher risk of pneumonia."
This cohort study aimed to determine whether the incidence of some diseases was higher in general practices that prescribe fewer antibiotics for self-limiting respiratory tract infections (RTIs).
It found that alongside reductions in the rate of antibiotics prescribed, rates of incidence for peritonsillar abscesses, mastoiditis and meningitis declined. Pneumonia showed a slight increase and no clear change was observed for empyema and intracranial abscesses.
The study had a good sample size, and represented the UK population well in terms of age and sex. However, there are a few points to note:
As the researchers acknowledged, the study observed outcomes from a population perspective and therefore was unable to deal with variations in prescription at the individual doctor or patient level.
This study only looked at data collected from GP surgeries, and prescription and infection incidence rates may be higher in emergency departments or out-of-hours practices which this study was not able to capture.
Finally, due to its study design, these findings can't confirm cause and effect. It is possible that unmeasured confounders influenced the reported associations.
The researchers hope these findings will potentially be used in the context of wider communication strategies to promote and support the appropriate use of antibiotics by GPs.
Patients can also help by not pressuring GPs for antibiotics "just in case" they may need them.
Read more about how we can all help combat the threat of antibiotic resistance.
Cutting back on antibiotics 'does not put patients at risk': Surgeries that handed out the fewest pills do not have higher rates of serious illnesses
Daily Mail, 5 July 2016
Gulliford MC, Moore MV, Little P, et al.
Safety of reduced antibiotic prescribing for self limiting respiratory tract infections in primary care: cohort study using electronic health records
BMJ. Published online July 4 2016
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Home»Fleming v. Moore (Virginia Supreme Court on libel)
Fleming v. Moore (Virginia Supreme Court on libel)
NOTE: Moore won damages on remand, and on appeal below in The Gazette Inc. v. Harris, the Court ruled his damages were excessive and should be reduced. Moore would go on to bring charges less relevant to the libel issue in this case that eventually were heard before the U.S. Supreme Court.
Fleming v. Moore, 275 S.E.2d 632, 221 Va. 884 (Va. 03/06/1981)
JAMES N. FLEMING
W. BEDFORD MOORE, III
Appeal from a judgment of the Circuit Court of Albemarle County. Hon. David F. Berry, judge presiding.
Gerald G. Poindexter; Charles E. Carter [N.Y.] Nathan Jones [N.Y.]; Poindexter & Poindexter, on briefs), for appellant.
Thomas E. Albro (Tremblay & Smith, on brief), for appellee.
Carrico, C.J., Harrison, Cochran, Poff, Compton, and Thompson, JJ.*fn* Cochran, J., delivered the opinion of the Court. Harrison, J., dissenting.
[221 Va Page 886] W. Bedford Moore, III, initiated this libel action against James N. Fleming in the court below. Final judgment was entered by the trial court on the jury verdict awarding Moore $10,000 in compensatory damages and $100,000 in punitive damages.*fn1
[221 Va Page 887]
Moore was a white, tenured, assistant professor in the Humanities Division of the School of Engineering at the University of Virginia during the 1975-76 academic year. His residence known as "Shack Mountain", located in Albemarle County, has architectural significance because of its Jeffersonian styling. The Moore land adjoined a tract known as "Evergreen", owned by Fleming and others and situated near the Rivanna Reservoir.
Fleming, a black real estate broker and developer, sought approval in the fall of 1974, first from the Planning Commission and then from the Board of Supervisors of Albemarle County, to have "Evergreen" rezoned from Agriculture to Residential Planned Unit Development. Upon rezoning, Fleming proposed to construct a planned unit development of high-density residential units for a predominantly black, lower-middle-income group of occupants.
The Planning Commission and Board of Supervisors held several meetings to consider Fleming's application and Moore spoke briefly during two of the meetings in opposition to the proposed development. Moore's position was that the project, if constructed, would create a pollution hazard to the Rivanna Reservoir, which supplies water to the City of Charlottesville, and that it would also detract from the value of his own property. Moore never gave interviews to the press concerning the planned development and never spoke about in public except at the two meetings. During the course of public debate over the proposed development, county planning officials advanced the idea that if Fleming's application for rezoning were to be approved, a tree buffer should be required along the boundary line between the "Evergreen" and "Shack Mountain" properties. Moore felt that the buffer would be a good idea since it would screen his property from the "Evergreen" development. Fleming's plan was reviewed by the appropriate county agencies, the public was afforded an opportunity to comment on it, and his application for rezoning was subsequently denied by the Board of Supervisors in December, 1975.
In January, 1976, Fleming published in two newspapers a paid advertisement captioned "RACISM" in which Moore was identified by name. The advertisement appeared in the Charlottesville-Albemarle Tribune, a newspaper of general circulation in the community, on January 8, 1976, and in The Cavalier Daily, a university student newspaper, in its January 15 and 16, 1976, editions.*fn2 Claiming that the
article injured his reputation in the university community, Moore brought this action for libel.
[1] The first issue on appeal is whether the trial court erred in ruling, as a matter of law, that the article was defamatory per se and in submitting the issue of liability to the jury upon such a theory.*fn3 At
trial, counsel for Fleming conceded that the trial court, rather than the jury, should determine whether the article was libelous per se, but he objected to the determination made by the court.
Unlike most states, Virginia makes no distinction between actions for libel and those for slander. Shupe v. Rose's Stores, 213 Va. 374, 375-76, 192 S.E.2d 766, 767 (1972); see Note, Defamation in Virginia -- A Merger of Libel and Slander, 47 Va. L. Rev. 1116 (1961); W. Prosser, Torts § 112, at 763 n. 33 (4th ed. 1971). We have held that actions for libel are treated as actions for slander, and that the common-law rules of slander are applicable, so that alleged defamatory language is actionable according to the following principles:
At common-law defamatory words which are actionable per se are:
(1) Those which impute to a person the commission of some criminal offense involving moral turpitude, for which the party, if the charge is true, may be indicted and punished. (2) Those which impute that a person is infected with some contagious disease, where if the charge is true, it would exclude the party from society. (3) Those which impute to a person unfitness to perform the duties of an office or employment of profit, or want of integrity in the discharge of the duties of such an office or employment. (4) Those which prejudice such person in his or her profession or trade. All other defamatory words which, though not in themselves actionable, occasion a person special damages are actionable.
Shupe, 213 Va. at 376, 192 S.E.2d at 767, quoting Carwile v. Richmond Newspapers, 196 Va. 1, 7, 82 S.E.2d 588, 591 (1954).
Racism, of course, is neither a contagious disease nor a criminal offense for which a person may be indicted and punished. Thus, a finding of per se defamation in the present case could only be based upon the effect of the allegation upon the plaintiff's work. The trial court ruled, as a matter of law, that the allegation of racism prejudiced Moore in his profession.
To be actionable without proof of "special damages", we have held that the words must contain an imputation that is "necessarily hurtful" in its effect upon plaintiff's business and must affect him in
his particular trade or occupation. James v. Haymes, 160 Va. 253, 261-62, 168 S.E. 333, 336 (1933). Accord, W. Prosser, Torts § 112, at 758 (4th ed. 1971) ("defamation of a kind incompatible with the proper conduct of the business, trade, profession or office itself"). There must be a nexus between the content of the defamatory statement and the skills or character required to carry out the particular occupation of the plaintiff. Restatement (Second) of Torts § 573, Comment e (1976). For example, because an attorney is required to adhere to the disciplinary rules, charging an attorney with unethical conduct is defamatory per se. Carwile, supra, 196 Va. at 8, 82 S.E.2d at 592. The words themselves must necessarily be damaging to the attorney in his profession.
Not every defamatory statement, however, is "necessarily hurtful" to a plaintiff's business and touches the plaintiff in his special trade or occupation. The allegation that a person has refused to pay a money debt is not per se defamatory if that person is not engaged in a vocation in which credit is necessary for the proper and effectual conduct of his business. M. Rosenberg & Sons v. Craft, 182 Va. 512, 519, 29 S.E.2d 375, 378 (1944). Accord, Weaver v. Finance Company, 200 Va. 572, 106 S.E.2d 620 (1959). Likewise, written notice that credit is being denied to a bookkeeper-secretary does not touch the plaintiff in her special trade or vocation. See Shupe, supra. That a defamatory statement may have had an adverse impact upon a plaintiff's work does not make that statement per se defamatory where the defamation is not "necessarily hurtful" to the plaintiff's business and does not touch the plaintiff in his special trade or occupation.*fn4
Because libel actions in Virginia are governed by common-law rules applicable to slander actions, libel cases from other jurisdictions are not helpful.*fn5 There are analogous cases, however, holding that slanderous imputations of Communism do not touch the individual in his chosen profession. See, e.g., Korry v. International Telephone & Telegraph Corp., 444 F. Supp. 193, 196 (S.D.N.Y. 1978) (allegation
that journalist, a former ambassador, was a Communist held not to be slanderous per se); Gurtler v. Union Parts Mfg. Co., 1 N.Y.2d 5, 150 N.Y.S.2d 4, 132 N.E.2d 889 (1956) (allegation that an engineer was a Communist held not to be slanderous per se).
[3] In the present case, Fleming charged Moore with not wanting blacks to reside within sight of his home, but the allegation of racism was not made in the context of Moore's employment as a teacher.*fn6 We conclude that, while the allegation might have adversely affected Moore's work, the statements did not necessarily affect him in his particular profession and consequently were not defamatory per se. We hold, therefore, that the trial court erred in ruling that Fleming's advertisement was defamatory per se in that it necessarily was hurtful in its effect upon Moore's employment and adversely affected Moore in his capacity as a teacher. The consequence of this erroneous ruling, requiring reversal and remand for a new trial, was that the jury was allowed to presume general damages and also to award punitive damages based on the presumed damages.
Since this case must be remanded for a new trial, we will resolve other issues that otherwise may arise again upon retrial.
[4] Fleming contends that Moore was a public figure and thus could not recover damages for defamation in the absence of a showing that the statement was made with "actual malice", that is, with "knowledge that it was false or with reckless disregard of whether it was false or not", as defined in New York Times Co. v. Sullivan, 376 U.S. 254, 280 (1964).
The Supreme Court in Gertz v. Robert Welch, Inc., 418 U.S. 323, 345 (1974), provided the following description of a public figure:
For the most part those who attain this status [of public figure] have assumed roles of especial prominence in the affairs of society. Some occupy positions of such persuasive power and influence that they are deemed public figures for all purposes. More commonly, those classed as public figures have thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved. In either event, they invite attention and comment.
[5] Moore, a teacher at the University of Virginia, did not occupy a position of "such persuasive power and influence" that he could be
deemed a public figure "for all purposes". Thus, we need only determine whether because of his activity relative to the "Evergreen" proposal he was a public figure for that limited purpose.
We do not believe that Moore's role in the public hearings concerning "Evergreen" merits his classification as a public figure. Gertz cautioned that a court must focus upon the "nature and extent of an individual's participation in the particular controversy giving rise to the defamation". 418 U.S. at 352. The mere fact that Moore spoke twice in public hearings concerning the "Evergreen" proposal is not determinative since his use of the public forum substantially resulted from his desire to protect his private interests. In Time, Inc. v. Firestone, 424 U.S. 448 (1976), the Court held that resort to the judicial process in order to vindicate private rights did not make the plaintiff a public figure. This reasoning appears equally applicable here, where Moore resorted to an administrative body in order to protect the value of his own residence. Moreover, like the plaintiffs in Wolston v. Reader's Digest, Inc., 443 U.S. 157, 167 (1979), and Gertz, Moore never discussed the "Evergreen" proposal with the media. He did not attempt to organize or lead opposition to "Evergreen". Since Moore's involvement at the public hearings was in his capacity as an adjoining private landowner whose property might be affected by the proposed development, we conclude that he was not a public figure. Therefore, he was not required to show, as a prerequisite to recovery of compensatory damages, that Fleming acted with malice that met the New York Times standard.
[6] Fleming further contends, however, that even if Moore was not a public figure, the trial court erred in allowing the jury to award punitive damages on the basis of common-law malice.*fn7 In Gertz, the Court condemned the awarding of either presumed or punitive damages, "at least when liability is not based on a showing of knowledge of falsity or reckless disregard for the truth".*fn8 418 U.S. at 349. The award of damages without proof of "actual injury"*fn9 was condemned
as "invit[ing] juries to punish unpopular opinion rather than to compensate individuals for injury sustained by the publication of a false fact". Id. On the basis of Gertz, we vacated an award of punitive damages entered against a publisher where the award was based upon a finding of common-law malice, and held that it was necessary to show knowledge of falsity or reckless disregard for the truth by "clear and convincing evidence" before punitive damages could be awarded. Newspaper Publishing Corp. v. Burke, 216 Va. 800, 805, 224 S.E.2d 132, 136 (1976).
Gertz, however, did not explicitly extend its rule to non-media defendants. Indeed, the Supreme Court has recently noted that it has not resolved whether the First Amendment requires application of the New York Times rule in cases involving non-media defendants. Hutchinson v. Proxmire, 443 U.S. 111, 133-34 n. 16 (1979).*fn10 Since Fleming is not a media defendant and Moore is not a public figure, Gertz does not control the present case. Nevertheless, we share the concern expressed in Gertz at the assessment by juries of punitive damages "in wholly unpredictable amounts bearing no necessary relation to the actual harm caused". 418 U.S. at 350. Therefore, we hold that any instruction on punitive damages must be structured upon the same standard of proof of "actual malice", as defined in New York Times, applied in Gertz, and followed in Burke, that is required in defamation actions against media defendants, i.e., clear and convincing proof of knowledge of falsity or reckless disregard for the truth.
[7] In conformity with the general rule in tort actions, no punitive damages may be awarded for slander or libel unless compensatory
damages are awarded. As an exception to the rule it is generally held that in a slander or libel action, where the defamation is actionable per se, punitive damages alone may be awarded. We approved the rule and the exception in Burke, supra, 216 Va. at 805, 224 S.E.2d at 136. As the advertisement in the present case was not actionable per se, the exception is not applicable.
[8] Moore did not allege or prove that he suffered any monetary loss. He did allege, however, that he had been insulted, mortified, held up to ridicule, and humiliated by the statement. We conclude that in libel actions not based upon per se defamation, where knowing falsity or reckless disregard for the truth is not shown, the compensatory damages should be limited to the actual damages proved to have been sustained, but such damages should not necessarily be restricted to out-of-pocket loss. See fn. 10 supra. Therefore, we hold that Moore is entitled to recover compensatory damages upon proof of actual injury, including such elements as damage to his reputation and standing in the community, embarrassment, humiliation, and mental suffering. "Special damages", which under the common-law rule must be shown as a prerequisite to recovery where the defamatory words are not actionable per se, are not to be limited to pecuniary loss. To the extent that language in Shupe may be construed to indicate that emotional upset and embarrassment cannot constitute "special damages", it is hereby modified.
For the reasons assigned, the judgment of the trial court will be reversed and the case remanded for a new trial consistent with the views herein expressed.
HARRISON, J., dissenting.
I find the jury's awards totalling $110,000 in this case to be shocking. It is inconceivable that a respected professor, as is Mr. Moore, could have been damaged in the University community or elsewhere by the "advertisement" which appeared at the behest of Mr. Fleming.
I attach little significance to the word "racism" which heads the advertisement. The words "racism" and "racist" are bandied about in our society with complete abandon. People of all races currently utilize these terms to voice their innumerable real and imagined grievances. Indeed, it would not be difficult to find a newspaper which contains a complaint by one party against another for some action allegedly grounded in "racism", or "reverse racism."
When we examine the advertisement inserted in the papers and strip therefrom Fleming's self-laudatory and hortatory language, we find that he takes a dim view of Farmington members and tenured professors and feels that without their financial security they would be more sympathetic to the "have nots." The advertisement then makes a comparison between Thomas Jefferson and Professor Moore in which the latter emerges "second best." Fleming attempts to make his point by stating that Jefferson located his slave quarters in sight of Monticello, whereas Moore does not want black people in his sight. This apparently refers to Moore's approval of the suggested location of a tree buffer or screen between his property and Fleming's proposed development.
The advertisement is in bad taste and is ill-mannered, short-tempered, and indiscreet. It is a poorly conceived and intemperate diatribe by an irate, disappointed, and frustrated black real estate developer who believes that his white opponent in a rezoning matter is not as concerned with pollution as he is apprehensive over the prospect of a "predominantly black, lower-middle-income" development adjoining his property. However, this reaction by Fleming was predictable and could well have been anticipated by Professor Moore when he left the academic community and entered the realm of real estate development and the controversial arena of zoning. The language of the market place is not always restrained, reasonable, or temperate. It is often sharp and unfair, and sometimes raucous, biting, and cruel.
Although the indignation of Professor Moore is understandable we should not allow the publication involved here to be the predicate of an action for libel and an award of damages. I would enter final judgment for the defendant.
Judges Footnotes
*fn* Mr. Chief Justice I'Anson presided at the oral argument of this case but retired January 31, 1981.
Opinion Footnotes
*fn1 During oral argument, a motion to dismiss for failure to remedy defects in the appeal bond was renewed. On February 21, 1979, when the appeal was awarded, bond was set by this Court at $120,000. On March 6, 1979, the Clerk of the Circuit Court certified that Fleming had appeared before her and given bond in the amount of $120,000 with approved surety. We therefore overrule the motion to dismiss. See Code § 8.01-676; Rule 5:31.
*fn2 The advertisement appeared in print as follows:
(Paid Advertisement) RACISM I have endeavored to realize the opportunity to provide housing and pleasant surroundings for working people -- the sort of people who made this the great country that it is. I do not expect any Farmington members to buy my houses. The tenured position-holders who live off the public dole at the expense of the working people are already well-housed, and could not be expected to live in a racially-integrated neighborhood, anyhow. There is a great deal of irony in the fact that here in Mr. Jefferson's country 200 years after his vision of situating his beloved Monticello upon the hilltop overlooking the developing community we have a replica of Monticello upon the hill overlooking my property which is occupied by a man who wants to deprive working people of the same opportunities that Mr. Jefferson sought for them. Mr. Jefferson even located his slaves' quarters down the hill from his house, but Bedford Moore, the occupant of little Monticello does not want any black people within his sight. There is a great conflict waging between the haves and the have-nots. Obviously we have created too much financial security for the tenured segment of the economic community whose greed is repeatedly shown by their expression of "I've got mine -- too bad about you". I am a lover of liberty and freedom of opportunity. I cannot stand by and see the have-nots oppressed by the no-growth people who are living off of our work. I know that this Country did not achieve the highest living standard in the world by no-growth or by oppression of the working man, and yet today the opportunity to improve one's living standard is being violently opposed by the same people who oppose my proposed neighborhood. Pollution of the reservoir is being used as the current excuse to foster no-growth. The solution, of course, is to remove the guaranteed incomes of these greedy people and put them in the position of seeing the world through the eyes of one seeking the opportunity to improve his or her living standard. Only then would they admit that the pollution excuse is a sham. I will develop Evergreen, and a lot of people will benefit from it. Signed: JAMES N. FLEMING_
*fn3 It is unclear from the record whether the jury was told that the article, if defamatory at all, was defamatory per se. The Appendix includes Instruction No. 8, which so provided, marked "given" by the trial court. Although the transcript records the reading to the jury by the trial court of all other Instructions marked "given", it fails to show that Instruction No. 8 was so read.
Assuming, however, that Instruction No. 8 was not given, we conclude that the trial court submitted the case to the jury upon a theory of per se defamation. Other instructions informed the jury that Moore was presumed to have suffered general damages, and that the absence of actual injury was to be considered only in diminution of damages. The presumption of damages is the critical distinction between defamation per se and other actions for defamation. See Shupe v. Rose's Stores, 213 Va. 374, 376, 192 S.E.2d 766, 767 (1972); Slaughter v. Valleydale Packers, 198 Va. 339, 346-48, 94 S.E.2d 260, 266 (1956). Since the jury instructions allowed the jury to presume damages, the case was presented to the jury on the theory of per se defamation even if Instruction No 8 was not given._
*fn4 "Thus, a statement that a physician consorts with harlots is not actionable per se, although a charge that he makes improper advances to his patients is actionable." The former statement does not necessarily affect his reputation as a physician but the latter directly affects it. Restatement (Second) of Torts § 573, Comment e (1976).
*fn5 Although Annot., 33 A.L.R.2d 1196, § 15 (1954 & Later Case Service) details many cases concerning allegations of racial intolerance, most of the cases concern libelous, not slanderous, statements. In most jurisdictions, libelous statements are actionable without special damages even though they do not touch the plaintiff in his particular trade or vocation. As we have already noted, Virginia does not distinguish between slander and libel actions.
*fn6 The advertisement did not allege, for example, that Moore discriminated against the black students in his classes.
*fn7 The court instructed the jury in Instruction No. 9 that punitive damages could be awarded if the jury believed from a preponderance of the evidence that Fleming acted with "actual malice", that is, that he "was motivated by revenge, personal spite, ill will or a desire to injure the Plaintiff".
*fn8 Since we have ruled that Moore may not recover presumed damages because the article was not libelous per se, we do not reach Fleming's contention that Gertz would prohibit the awarding of presumed damages without a showing of knowing falsity or reckless disregard for the truth.
*fn9 The opinion noted that damages for "actual injury" are not limited to out-of-pocket loss, and that trial courts are permitted to compensate for impairment of reputation and standing in the community, personal humiliation, and mental anguish and suffering. Awards must be supported by competent evidence, although it is not necessary that the evidence assign a dollar value to the injury. 418 U.S. at 350.
*fn10 Lower courts are divided on whether the First Amendment protections provided media defendants in New York Times and Gertz are applicable to non-media defendants. Several courts have refused to extend Gertz. Rowe v. Metz, 195 Colo. 424, 579 P.2d 83 (1978), rev'g 39 Colo. App. 20, 564 P.2d 425 (1977); Gengler v. Phelps, 92 N.M. 465, 589 P.2d 1056 (1978); Harley-Davidson Motorsports, Inc. v. Markley, 279 Or. 361, 568 P.2d 1359 (1977); Calero v. Del Chemical Corp., 68 Wis.2d 487, 228 N.W.2d 737 (1975). Other courts have refused to distinguish between the protections afforded media and non-media defendants. Bryan v. Brown, 339 So.2d 577, 583-84 (Ala. 1976), cert. denied, 431 U.S. 954 (1977); Millsaps v. Bankers Life Company, 35 Ill. App. 3d 735, 342 N.E.2d 329 (1976); Jacron Sales Co. v. Sindorf, 276 Md. 580, 350 A.2d 688 (1976), aff'g 27 Md. App. 53, 341 A.2d 856 (1975); Ryder Truck Rentals v. Latham, 593 S.W.2d 334 (Tex. Civ. App. 1979). See J. Eaton, The American Law of Defamation Through Gertz v. Robert Welch, Inc., and Beyond: An Analytical Primer, 61 Va. L. Rev. 1349, 1417 (1975), predicting extension by the Supreme Court of Gertz to defamation suits against non-media defendants where the defamatory falsehood was published by the press.
@FrankLoMonte @saragregory @liz_ramos3 Hey, you know I don't like limits on speakers, but if it's being applied reg… https://t.co/zpDPRgUCBf — 10 hours 59 min ago
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The Dark Web has fragmented and cybercriminals are harder to find
November 29, 2018 Jan Howells , Security
The closure of two of the biggest marketplaces for illegal and illicit services on the Internet may have rapidly dispersed the cybercriminal community, but it hasn't take them long to find other places to trade.
AlphaBay and Hansa were large sophisticated e-commerce sites that sold everything from stolen intellectual property (IP) and credit card details to guns and toxic chemicals. They were shut down last summer following a coordinated effort by international law enforcement agencies, who saw it as a major blow in destroying the Dark Web's underbelly. Instead, it has resulted in a splintering of criminal activity in the Internet's murky underworld – spawning private forums and groups.
The reality is that the closure of AlphaBay and Hansa has seen illegal trading continue unabated in the virtual world, be it in a different guise. The large, high-profile eBay style model requiring hefty set-up and administration costs may have disappeared, primarily due to a lack of trust, fear of law enforcement stings and poor user experiences. But, it doesn't mean that the risk to enterprises and consumers has gone away. Instead, cybercriminals have gone back to their roots. To a distributed model made up of chat and messaging networks, which flourished before big sites like Alphabay and Hansa came along.
Just before its shutdown, one of AlphaBay's staff members posted to the site boasting that it had over 40,000 vendors and in excess of 200,000 users. Around the time of its take down, there were over 100,000 listings for stolen goods and services. These included fraudulent identification documents, access devices, counterfeit goods, malware and other computer hacking tools, firearms and illegal services, according to the U.S. Department of Justice. Comparatively, the notorious Silk Road marketplace, which was closed down in 2013, had reportedly approximately 14,000 listings at the time of seizure. This just highlights just how much criminal activity has grown on the Dark Web.
Cybercriminals adopt new technologies and approaches
According to Cybersecurity Ventures, global damages from cybercrime will climb to $6 trillion annually by 2021, up from $3 trillion in 2015. Cybercriminals are adopting new processes, technologies and communications to strengthen their activities. Criminal sites, such as Joker's Stash, have been using a decentralized Blockchain domain name system (DNS) alongside established Tor domains to better secure operations. Blockchain domains contain encrypted hashes as opposed to an individual's name and address, which makes it much more difficult for law enforcement agencies to track sites. Open-source, decentralized site OpenBazaar has introduced peer-to-peer cryptocurrency trading direct from users on its platform. This online site takes a very hands-off approach and has no restrictions on what is purchased or sold.
Security researchers Digital Shadows has also noted a shift towards peer-to-peer networks and chat channels for Dark Web trading. In the past six months, it has seen over 5,000 Telegram links shared across criminal forums and dark websites, for example, of which a staggering 1,667 were invite links to new groups.
Cybercriminals are becoming more clever at who to let into their inner sanctums. They are looking at alternative ways of allowing new users access to forums, such as area access restrictions, for example. Here users have to attain a certain level of positive feedback from buyers before they can move up to the next level or access certain areas.
In addition, cybercriminals are looking at different avenues of communication. They may advertise an illegal product or service in a forum, for example, but instead of negotiating through the forum or private messaging, they are requesting interested parties to use other chat networks such as Jabber or Skype. This way their movements are difficult to track.
Cybercriminal marketplace is thriving
Illicit business, it appears, has never been as busy on the Dark Web. Demand is outstripping supply. For example, according to research by Positive Technologies, the demand for malware creation on the Dark Web is now three times greater than supply. They found over 10,000 hack-for-hire and malware-related postings alone. Compromising a site and obtaining full control over a web application can cost as little as $150, with a targeted attack priced at around $4,500.
At the same time, the average cost of data breaches is escalating. According to the 2018 Ponemon Institute Cost of a Data Breach Study, the average cost of a data breach is now $3.8 million – a 6.4 percent increase from the 2017 report. Each lost or stolen document cost an average of $148, with health documents costing as much as $408.
Successful marketplaces on the Dark Web can't be created overnight. Take Market.ms. It has a solid reputation among the cybercriminal community. But as Dark Shadows points out, despite being started in 2015, it has only just over 450 members. The development of such sites in the underworld is not as simple as it sounds. It takes time and investment and does not guarantee profitability.
Dispersed, but still active
Cybercriminals may have scattered across the Dark Web, but this does not mean they are any less a threat. It is still imperative that enterprises monitor for any mention of their brands or information for sale on the Dark Web to stay one step ahead of cybercriminals.
Tactics and techniques have changed, and demand for services and products is growing, which means that Dark Web intelligence, allowing enterprises to take preventative action, is now more critical than ever.
To find out more about how Orange Cyberdefense can help you secure your critical data and IP, click here.
Jan Howells
Jan has been writing about technology for over 22 years for magazines and web sites, including ComputerActive, IQ magazine and Signum. She has been a business correspondent on ComputerWorld in Sydney and covered the channel for Ziff-Davis in New York.
Orange Cyberdefense
End-to-end security supporting your digital transformation across the world
Security Event Intelligence, a SIEM-based service for detecting threats
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In memoriam – Bryce Osmond
The success of our Party, the Nationals, has two main elements.
First and foremost, it is our grassroots membership base.
Second, it’s the strong, plainly spoken leaders our Party is respected and renowned for. It’s the team that those leaders surround themselves with, that helps our Party be at its best.
In April, we lost a true warrior that served many of our State and Federal leaders for three decades.
Bryce Osmond, 82, was born in Griffith and cut his teeth as a cadet journalist at the Wagga Daily Advertiser. He went on to be an editor at the Central Western Daily and the Dubbo Daily Liberal, and then was the Chief of Staff at the Daily Telegraph and assorted radio newsrooms.
He started with the Nationals in 1979 as the Federal Director under Deputy Prime Minister Doug Anthony.
In the early 80’s he was Leon Punch’s Chief of Staff, and at Punch’s retirement, became the Chief of Staff of Wal Murray as the NSW Nationals Leader. A true and genuine partnership was forged.
This was a partnership that took our Party out of the wilderness after 14 years in opposition in NSW and into Government alongside the Greiner Liberals in 1988.
Bryce’s service continued in 1993 under Ian Armstrong’s leadership, and back into opposition with Ian and George Souris.
A senior Liberal cabinet minister said this week that Bryce was a fine gentleman and a true coalitionist.
He served all in the Party, not only the Leaders. He was a touch point for many MPs, offering counsel and wisdom. He would let them do the talking but just gently nudge them in the right direction.
He was a generous boss to scores of young staffers with many now holding important positions across Australia.
Bryce is survived by his wife Margy Osmond, who is currently the CEO of Tourism Transport Forum and a good friend of the Nationals.
Vaile Bryce Osmond.
Words by Hon Melinda Pavey MP, Minister for Roads, Maritime and Freight and Member for Oxley.
Subscribe to be the first to know what our Parliamentary team is up to.
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You are here:Cancer
Malignant hypercalcaemia: definition, symptoms and treatment
This article provides an overview of malignant hypercalcaemia, its aetiology, relationship with cancer, prognosis, symptoms and treatment. It comes with a self-assessment enabling you to test your knowledge after reading it
Hypercalcaemia – an abnormally high level of calcium in the blood – is common in advanced cancer. It can often be successfully treated, whether with bisphosphonates or the human monoclonal antibody denosumab, and the side-effects of treatment can often be successfully managed. However, many patients face the challenges posed by other burdensome symptoms of malignant disease and a poor prognosis. This article provides an extensive overview of malignant hypercalcaemia, including its causes, symptoms, treatment and implications for nursing practice.
Citation: Beland P (2018) Malignant hypercalcaemia: definition, symptoms and treatment. Nursing Times [online]; 114: 11, 39-43.
Author: Paul Beland is hospice specialist nurse at St Nicholas Hospice, Bury St Edmunds.
This article has been double-blind peer reviewed
Scroll down to read the article or download a print-friendly PDF here (if the PDF fails to fully download please try again using a different browser)
Assess your knowledge and gain CPD evidence by taking the NT Self-assessment test
Click here for more NT Self-assessment articles
Malignant hypercalcaemia is preventable; once diagnosed, it can often be effectively treated (Pettifer and Grant, 2013) although treatment carries risks of its own. However, the condition often occurs as a late complication of cancer and indicates widespread disease, so the effects of successful treatment are likely to be short-lived. This makes its management a combination of providing compassionate end-of-life care and the correct treatment.
Incidence and prognosis
Hypercalcaemia is defined as a higher-than-normal corrected calcium level in the blood (NHS Scotland, 2014). Depending on the definition used, it is either >2.6mmol/L (Pettifer and Grant, 2013) or >2.65mmol/L (National Institute for Health and Care Excellence, 2014).
The incidence of malignant hypercalcaemia varies widely between different cancers. It occurs most often in breast cancer and myeloma, and is associated with squamous cancers (lymphomas and leukaemias) (Ross et al, 2004). It is uncommon in small-cell lung cancer and adenocarcinomas (stomach, colon and prostate cancer). Prostate cancer – even with extensive bone metastases – rarely causes hypercalcaemia (Pettifer and Grant, 2013).
Although hypercalcaemia is generally associated with bone metastases, which are common in advanced cancer, the presence and extent of bone metastases do not correlate with the incidence or level of hypercalcaemia (Ross et al, 2004). Around 20% of patients with malignant hypercalcaemia do not have bone metastases (NHS Scotland, 2014).
Metastases are a major cause of death in patients with cancer but, while visceral metastases are more likely to be fatal, patients with only bone metastases can survive for 10 years or more (National Horizon Scanning Centre, 2008). However, the average life expectancy after a diagnosis of bone metastases is approximately two years (Beaumont and Leadbeater, 2011).
Prognosis in solid tumours is generally poor once hypercalcaemia occurs as it usually develops when cancer is widespread (NHS Highland, 2012). Despite treatment, survival is often only three or four months, or even less (Pettifer and Grant, 2013).
As well as hypercalcaemia, patients with bone metastases may experience severe pain and skeletal-related events (SREs) such as pathological fractures, caused by little or no force at all, and spinal cord or nerve root compression (Drudge-Coates and Turner, 2013). They may need radiotherapy (to treat pain or avoid fractures) or bone surgery. SREs have serious negative consequences, including reduced quality of life and increased risk of death (Gralow and Tripathy, 2007).
Skeletal pain, the most common pain in cancer, can be intermittent or constant, severe and debilitating. It is also difficult to manage, particularly if it is movement-related (Yorkshire Palliative Medicine Clinical Guidelines Group, 2008).
Hypercalcaemia and cancer
Normal bone formation
Calcium is the most common mineral in the body – around 90% of it being stored in bone and teeth – and is crucial to normal functioning, particularly to muscle and nerve action and to blood clotting. Serum calcium is normally maintained by parathyroid hormone (PTH), vitamin D and calcitonin, which the body uses to balance the amounts of calcium that are:
Released from bone;
Needed to rebuild new bone;
Absorbed from food;
Excreted by the kidneys (Pettifer and Grant, 2013).
Bone is constantly being remodelled by two cell types: osteoclasts and osteoblasts. Osteoclasts destroy old bone, releasing calcium and phosphate into the blood. The formation, function and survival of osteoclasts requires the activation of a cytokine (a chemical messenger that acts on cell receptors) called RANK-L, which is produced by osteoblasts (Yee and Raje, 2012).
Calcitonin, secreted by the thyroid in response to high serum calcium, stimulates the action of osteoblasts, which re-form calcium and phosphate into new bone (Pettifer and Grant, 2013). PTH, secreted by the parathyroid glands in response to low serum calcium, stimulates osteoclasts and increases the release of calcium into the blood by the kidneys (Drudge-Coates and Turner, 2013).
Action of cancer cells
The most common causes of hypercalcaemia are malignancy and hyperparathyroidism (Twycross et al, 2009). Many cancers, with or without bone metastases, secrete cytokines and/or PTH-related protein/peptide (PTHrP) that mimic the action of PTH on the osteoclasts and kidneys. This mechanism is the most important cause of hypercalcaemia in cancer (Pettifer and Grant, 2013).
Cancer cells also suppress osteoblast activity and increase the activation of RANK-L. This increases osteoclast formation and activity, encouraging bone resorption – which, in turn, leads to the release of growth factors that increase PTHrP production. A vicious cycle of bone-destructive metastases and hypercalcaemia ensues, and more bone is broken down than is replaced. This is commonly seen in myeloma, breast cancer and endometrial cancers (Suva et al 2011; Fizazi et al, 2009).
Primary tumours constantly release cells that invade surrounding normal tissue and enter the bloodstream. In breast cancer, lymph node invasion can lead to bone metastasis as tumour cells are drained into the systemic circulation. Once in the systemic circulation, cancer cells interact with normal cells, and those that survive travel to distant organs, including bone. Bone is a common site for metastasis due to the high blood flow in bone marrow and the fact that adhesive molecules on tumour cells bind to cells in the bone marrow. Tumour cells:
Invade the bone marrow cavity;
Stimulate their own vascular supply;
Migrate to the bone surface, from where they may seed other organs or even re-seed the site of the original tumour, perhaps years later (Suva et al, 2011).
Bone metastases occur from almost every type of cancer. The incidence of bone involvement in advanced multiple myeloma (a primary bone tumour) is 95-100% (NHSC, 2008). Breast and prostate cancers account for more than 80% of cases of metastatic bone disease and cause the greatest morbidity (bone marrow failure, anaemia, pain and SREs). Untreated, about half of patients who have advanced prostate cancer with bone metastases will have at least one SRE in two years and, once they have had one SRE, the risk of more increases (So et al, 2012).
Pain is the most common, and usually the earliest, symptom of bone metastases. Common sites include the base of the skull (associated with cranial nerve palsies, neuralgias and headaches). Vertebral metastases cause neck and back pain, with or without neurologic complications. Pelvic and femoral lesions cause pain in the back and legs, often leading to mechanical instability and incident pain.
Causes of pain due to bone metastases include:
Nerve entrapment;
Increased bone pressure or stretching of bone due to the presence of a tumour;
Bone fracture;
Inflammation caused by cytokines;
Bone destruction;
Neuropathic pain due to destruction of sensory nerves by osteoclasts.
Acute pain from injury tends to be short-lived, while chronic pain can be caused by a tumour pressing on nerves or poorly controlled acute pain (Drudge-Coates and Turner, 2013).
Many patients with advanced cancer –particularly breast cancer – live with bone pain for several years (Gralow and Tripathy, 2007). Most patients with breast cancer experience weeks of increasing pain before fractures occur (Beaumont and Leadbeater, 2011).
Bone metastases weaken bones and increase the risk of fractures, which are sometimes the first sign of bone metastasis. Spinal vertebrae and the long bones of the arms and legs are the most common fracture sites. Pathological fractures can be treated but may be slow to heal and require surgery; they are linked with significantly reduced survival (So et al, 2012). Chemotherapy, antihormonal therapies – used in breast and prostate cancer – and glucocorticoids also increase bone loss and combine with factors such as age, history of fracture, low calcium intake, vitamin D deficiency, smoking and lack of exercise to further increase the risk of bone fracture (YPMCGG, 2008).
Symptoms of hypercalcaemia
Hypercalcaemia affects several organ systems, so symptoms vary. It is not always obvious whether symptoms are due to hypercalcaemia as many can be attributable to other features of advanced malignancy or the side-effects of chemotherapy or analgesia. Hypercalcaemia should always be considered when patients deteriorate for no obvious reason (Pettifer and Grant, 2013).
Early symptoms of hypercalcaemia include fatigue, muscle weakness, anorexia and constipation. If it is not treated, symptoms may worsen and widen to include confusion, nausea and vomiting, which can cause dehydration (Drudge-Coates and Turner, 2013). Hypercalcaemia decreases renal reabsorption of sodium and water, resulting in polyuria. Patients also may experience polydipsia but struggle to increase oral fluid intake, which will exacerbate the problem (Ross et al, 2004).
Hypercalcaemia can precipitate or exacerbate bone pain, and bone pain due to hypercalcaemia responding poorly to treatment (NHS Highland, 2012). Severe symptoms of hypercalcaemia include ileus, drowsiness, hypertension, visual disturbance, dizziness, agitation, muscle spasms or tremors, absent or diminished reflexes, dysarthria, dysphagia and, eventually, coma (Drudge-Coates and Turner, 2013).
Treating hypercalcaemia
Mild hypercalcaemia is often asymptomatic; symptoms significant enough to warrant treatment usually only develop when serum calcium levels exceed 3.0mmol/L (Pettifer and Grant, 2013). It is the rapidity of onset and the increase in hypercalcaemia that appear to determine the severity of symptoms, rather than the serum calcium level itself. For example, there may be few symptoms in chronic severe hypercalcaemia until a quick moderate rise in serum calcium levels occurs, following which symptoms rapidly develop (Twycross et al, 2009).
Nevertheless, serum calcium levels of >3.0mmol/L warrant urgent treatment, whether or not the patient experiences any symptoms. Untreated severe hypercalcaemia (>4.0mmol/L) is usually fatal within a few days due to renal failure, seizures or cardiac arrhythmia (NHS Scotland, 2014).
Before starting treatment, hyperthyroidism and uncontrolled diabetes should be excluded, as their clinical features are similar to those of hypercalcaemia (Pettifer and Grant, 2013; NHS Highland, 2012).
Initial treatment
In severe hypercalcaemia, initial treatment involves antiemetics and intravenous (IV) saline to correct dehydration and the sodium deficit caused by diuresis and reduced oral fluid intake, and to promote renal calcium excretion (Drudge-Coates and Turner, 2013).
Drugs that affect renal function (such as non-steroidal anti-inflammatory drugs, diuretics, angiotensin-converting enzyme inhibitors, angiotensin II receptor antagonists) and drugs that promote hypercalcaemia (such as lithium, ranitidine, cimetidine, calcium, vitamin A and vitamin D) should be stopped (NHS Scotland, 2014; Drudge-Coates and Turner, 2013).
The diuretic furosemide may be used after rehydration if there are signs or risks of fluid overload – particularly in patients with renal or heart failure and in emergency treatment – as furosemide reduces renal calcium reabsorption (Bennett et al, 2012). IV fluids may be sufficient in mild hypercalcaemia and may minimise renal damage (YPMCGG, 2008), but in severe hypercalcaemia bisphosphonates are required (Pettifer and Grant, 2013).
IV bisphosphonates aim to decrease bone resorption. The most widely used are pamidronate and zoledronic acid (Bennett et al, 2012); zoledronic acid is more effective in malignant hypercalcaemia due to its speed of onset and duration of action (West Midlands Palliative Care Physicians, 2012). Its infusion time is 15 minutes, compared with 2-4 hours for pamidronate. The total pamidronate dose (maximum 90mg) can be given as one or more infusions over 2-4 days (Kent and Medway Cancer Collaborative, 2018). If required, a further dose of either bisphosphonate can be administered (WMPCP, 2012). However, doing so within five days significantly increases the risk of renal impairment (Hospice in the Weald, 2013) and doing so within seven days increases the risk of hypocalcaemia (NHS Scotland, 2014). Plasma calcium levels start falling within 24 hours of treatment with bisphosphonates. Normalisation takes up to seven days (KMCC, 2018) and lasts for 20-30 days (Bennett et al, 2012).
Serum calcium levels should be checked:
Between five and seven days after the bisphosphonate infusion, then weekly – as long as the risk of hypercalcaemia remains and treatment is ongoing (Hospice in the Weald, 2013);
When patients experience symptoms or every three to four weeks (WMPCP, 2012), which is the length of time for which one infusion usually maintains normal calcium levels (NHS Highland, 2012).
Table 1 summarises the initial treatment of hypercalcaemia with IV pamidronate or zoledronic acid, while Table 2 summarises the use of IV pamidronate. Oral bisphosphonates might help maintain normal calcium levels, but they can be ineffective as they are poorly absorbed and their absorption is further impaired by food (Twycross et al, 2017), drinks, antacids and drugs containing calcium, among others (Bennett et al, 2012).
For patients with bone metastases but normal calcium levels (YPMCGG, 2008), treatment with IV bisphosphonates every three to four weeks aims to:
Prevent progression of bone metastases;
Increase bone mass and strength (Twycross et al, 2017);
Reduce pain and SREs (Drudge-Coates and Turner, 2013).
Treatment with denosumab (see below) or IV zoledronic acid after a first SRE reduces bone pain and the risk of subsequent SREs (So et al, 2012).
Bisphosphonates: mechanism of action
Bisphosphonates rapidly bind to exposed bone surfaces, particularly at sites of bone resorption (Twycross et al, 2017). They are absorbed and accumulated, and then ingested by osteoclasts; this disrupts the cellular metabolism and maturation of osteoclasts, and eventually induces their death, while new bone production continues normally (Yee and Raje, 2012; Beaumont and Leadbeater, 2011; Suva et al, 2011; Gralow and Tripathy, 2007). Bisphosphonates can remain in bone for months, so one infusion has prolonged effects (Twycross et al, 2009).
IV bisphosphonates may:
Stimulate bone formation by osteoblasts (Bennett et al, 2012);
Delay the development of bone metastases;
Delay SREs in patients with bone metastases;
Improve the patient’s quality of life (Suva et al, 2011).
Bisphosphonates need to be given for at least six months to benefit skeletal morbidity and at least 12 months to reduce the need for orthopaedic surgery; however, analgesic effects may appear much sooner (Hospice in the Weald, 2013).
Bisphosphonates: side-effects and precautions
Bisphosphonates are generally well tolerated with a low incidence of mild side-effects (Hospice in the Weald, 2013), but side-effects can be severe enough to warrant the discontinuation of therapy. Oral bisphosphonates especially may cause gastrointestinal disturbances, while flu-like and other symptoms can occur after IV treatment.
Severe pain in affected bones can occur and stopping the bisphosphonate can bring about immediate and/or incomplete pain relief (Quinn, 2008). Osteomalacia and mid-shaft fractures of the femur due to bone demineralisation are rare and only likely with high-dose, prolonged use; they can occur with little or no trauma and patients may experience low-grade thigh/groin pain.
Vitamin D supplements should be given during treatment with bisphosphonates and any vitamin D deficiency should be corrected before treatment is started (Bennett et al, 2012).
Renal function may be affected with long-term use of bisphosphonates (Pettifer and Grant, 2013). Rebound hypocalcaemia necessitates calcium supplementation and there is a risk of osteonecrosis of the jaw (ONJ) (Gralow and Tripathy, 2007), especially when treatment lasts for more than two years (Hospice in the Weald, 2013); adequate hydration is therefore required. Serum creatinine clearance (NHS Highland, 2012) and calcium levels should be monitored monthly, both before and during treatment, and hypocalcaemia should be corrected beforehand.
Although bisphosphonates are not contraindicated in renal impairment, an estimated glomerular filtration rate (eGFR) of <30ml/min/1.73m2, or trending downwards, increases the risk of hypocalcaemia. The incidence of hypercalcaemia in patients with renal impairment can be as high as one in 10, especially with more-potent bisphosphonates such as zoledronic acid; however, patients are rarely symptomatic. Those who develop symptoms may have tingling in the lips or tongue, paresthesia, tetany or seizures.
Bisphosphonates should be withheld if serum calcium is <2.0mmol/L, and doses and infusion rates should be reduced (or treatment discontinued altogether) in renal failure (Pettifer and Grant, 2013). Risk factors for renal toxicity include:
Increasing age;
Increasing number of bisphosphonate infusions;
Multiple myeloma (YPMCGG, 2008).
Table 3 shows bisphosphonate doses and infusion rates in renal impairment.
Treating bone pain
Radiotherapy usually relieves localised pain from bone metastases but, like high-dose opioids, it can cause significant side-effects and many patients have widespread or recurrent pain in irradiated sites. Bisphosphonates have acute and long-term analgesic effects on metastatic bone pain from a variety of tumours, as they improve skeletal integrity (Gralow and Tripathy, 2007). More than one infusion may be needed to improve pain, but a lack of response to two infusions may prompt discontinuation (YPMCGG, 2008). Initiating zoledronic acid before pain occurs, rather than waiting for it to start, provides better analgesia and fewer SREs – although patients with or without bone pain have the same risk of SREs (So et al, 2012).
Treatment with denosumab
Denosumab is not a bisphosphonate but a human monoclonal antibody that reduces osteoclast bone destruction by binding to, and neutralising, RANK-L. In early cancer, denosumab can reduce bone loss from anti-hormonal treatments; it may also delay disease progression in breast and prostate cancers. Unlike bisphosphonates, it does not affect renal function but it is contraindicated in severe hypocalcaemia; calcium and vitamin D supplementation is required in all patients unless they are hypercalcaemic (Hospice in the Weald, 2013).
The recommended denosumab dose in cancer is 120mg given once every four weeks by subcutaneous injection – there is no need for venous access. Denosumab is generally very well tolerated; adverse reactions include diarrhoea, constipation and ONJ. There is a risk of severe, symptomatic and even fatal hypocalcaemia, mostly within the first six months of treatment but possibly at any time; that risk is greater in patients who have severe renal impairment or are having dialysis (NHSC, 2008).
Osteonecrosis of the jaw
As explained, ONJ is a potential side-effect of treatment with bisphosphonates or denosumab. It can manifest as:
Numbness in the jaw;
Discharge, swelling or redness of the gums;
Loosening of the teeth;
Oral ulcerations (asymptomatic or painful) exposing underlying bone;
Pathological fracture in the jaw (Hospice in the Weald, 2013; Quinn, 2008).
All patients due to receive bisphosphonates, or who have done so in the last three months therefore need good dental care and hygiene. If patients need dental treatment, bisphosphonates should not be started until that has been completed (NHS Scotland, 2014). If patients already taking bisphosphonates need significant jaw bone surgery, it may be appropriate to interrupt bisphosphonate treatment for several weeks before surgery – however, bisphosphonates have very long half-lives so bone turnover takes a long time to normalise when the drugs are stopped. Some dental procedures may be appropriate while patients are taking bisphosphonates – for example, if the alternative is tooth extraction, which greatly increases the risk of ONJ.
Jaw bones are particularly susceptible to injury and infection because of repeated minor trauma from chewing and the use of dentures (Hospice in the Weald, 2013), and the thin mucosa and bacteria-rich environment (Quinn, 2008). Sixty per cent of cases of ONJ occur after dental surgery, and 85% of patients with ONJ have multiple myeloma or metastatic breast cancer. Treatment includes surgery; antibiotics and chlorhexidine mouthwash can be used for infections (Hospice in the Weald, 2013).
Outcomes of treatment
Treatment with IV bisphosphonates or denosumab reduces bone pain and SREs in metastatic cancer, but bisphosphonates can negatively affect renal function and both types of drugs can induce hypocalcaemia (So et al, 2012; NHSC, 2008). These treatments and their associated risks reflect the pathology of metastatic bone disease and the complex relationships between cancer, bones and calcium.
Treating severe hypercalcaemia can markedly improve symptoms, even in patients with advanced disease and limited life expectancy, but treatment may be inappropriate when the prognosis is very poor (Pettifer and Grant, 2013). Treatment does not necessarily resolve all symptoms (NHS Scotland, 2014); refractory hypercalcaemia may occur towards the end of life (NHS Highland, 2012), when attention should focus on relieving symptoms such as pain, confusion and constipation.
Treatment is effective in 70-90% of cases (Pettifer and Grant, 2013) but cannot alter the underlying disease processes (Twycross et al, 2009). Hypercalcaemia is, therefore, likely to recur in patients with advanced cancer and subsequent episodes will be harder to treat (Pettifer and Grant, 2013). A rapid relapse may signify a poor prognosis (NHS Scotland, 2014). Prescribing higher doses or swapping for an alternative bisphosphonate may delay recurrence (Hospice in the Weald, 2013); zoledronic acid may be effective when other bisphosphonates fail (YPMCGG, 2008).
Implications for practice
The nurse’s role includes:
Informing patients and relatives about early symptoms, and encouraging them to report these to clinicians promptly (Drudge-Coates and Turner, 2013);
Treating patients who are symptomatic.
The benefits of treatment are likely to become more and more short-lived as patients deteriorate and their malignancy progresses (Pettifer and Grant, 2013). A diagnosis of bone metastases, a recurrence of hypercalcaemia or a progression of cancer can be more distressing for patients and families than the original cancer diagnosis (Oncology Nursing Society, 2002), as they suggest the cancer is aggressive and incurable (Drudge-Coates and Turner, 2013). The side-effects of treatment for bone pain can further erode patients’ quality of life (Gralow and Tripathy, 2007).
One crucial aspect of the nurse’s role is, therefore, to help patients and families face the many challenges associated with living with metastatic bone disease, including:
Loss of health, function and independence;
Coming to terms with a poor prognosis;
Finding hope, if only for comfort and, ultimately, a pain-free death.
Nurses can also support patients by raising the issue of advance care planning; discussing what is most important to them now and in future, their sources of support and their needs (emotional, psychological, social and spiritual); and helping them plan for the end of life (Drudge-Coates and Turner, 2013; ONS, 2002).
Hypercalcaemia is an abnormally high level of calcium in the blood
The incidence of malignant hypercalcaemia varies widely between different cancers
Prognosis in solid tumours is generally poor once hypercalcaemia occurs
Treatment with bisphosphonates or denosumab is often effective but can have side-effects
Patients will often have advanced cancer and will, therefore, need supportive end-of-life care
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Beaumont T, Leadbeater M (2011) Treatment and care of patients with metastatic breast cancer. Nursing Standard; 25: 40, 49-56.
Bennett PN et al (2012) Clinical Pharmacology. London: Churchill Livingstone.
Drudge-Coates L, Turner B (2013) Cancer-induced bone disease. Nursing Standard; 27: 19, 48-56.
Fizazi K et al (2009) Randomized phase II trial of denosumab in patients with bone metastases from prostate cancer, breast cancer, or other neoplasms after intravenous bisphosphonates. Journal of Clinical Oncology; 27: 10, 1564-1571.
Gralow J, Tripathy D (2007) Managing metastatic bone pain: the role of bisphosphonates. Journal of Pain and Symptom Management; 33: 4, 462-472.
Hospice in the Weald (2013) Guideline: Bisphosphonates and Denosumab. Tunbridge Wells: Hospice in the Weald.
Kent and Medway Cancer Collaborative (2018) Hypercalcaemia Guidelines.
National Horizon Scanning Centre (2008) Denosumab (AMG 162) for Bone Metastases from Solid Tumours and Multiple Myeloma.
National Institute for Health and Care Excellence (2014) Hypercalcaemia.
NHS Highland (2012) Hypercalcaemia in Palliative Care. Inverness: NHS Highland.
NHS Scotland (2014) Scottish Palliative Care Guidelines: Hypercalcaemia.
Oncology Nursing Society (2002) Your Prostate Cancer Patient with Bone Metastases: New Understanding, Treatment, and Care.
Pettifer A, Grant S (2013) The management of hypercalcaemia in advanced cancer. International Journal of Palliative Nursing; 19: 7, 327-331.
Quinn T (2008) Bisphosphonate issues. Pallimed: A Hospice & Palliative Medicine Blog.
Ross JR et al (2004) A systematic review of the role of bisphosphonates in metastatic disease. Health Technology Assessment; 8: 4, 1-176.
So A et al (2012) Management of skeletal-related events in patients with advanced prostate cancer and bone metastases: incorporating new agents into clinical practice. Canadian Urological Association Journal; 6: 6, 465-470.
Suva LJ et al (2011) Bone metastasis: mechanisms and therapeutic opportunities. Nature Reviews Endocrinology; 7: 4, 208-218.
Twycross R et al (2017) Palliative Care Formulary. Nottingham: Palliativedrugs.com.
Twycross R et al (2009) Symptom Management in Advanced Cancer. Nottingham: Palliativedrugs.com
West Midlands Palliative Care Physicians (2012) Palliative Care: Guidelines for the Use of Drugs in Symptom Control.
Yee AJ, Raje NS (2012) Denosumab, a RANK ligand inhibitor, for the management of bone loss in cancer patients. Clinical Interventions in Aging; 7: 331-338.
Yorkshire Palliative Medicine Clinical Guidelines Group (2008) Summary of Guidelines on the Use of Bisphosphonates in Palliative Care.
181019 malignant hypercalcaemia definition symptoms and treatment
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A rapid-access diagnostic pathway in suspected pancreatic cancer
A nurse-led, rapid-access pathway for diagnosing pancreatic cancer as early as possible has won the Cancer Nursing category in the 2018 Nursing Times Awards
Legal issues in end-of-life care 2: children and young people
This second article in a series of three explores the legal issues around medical decision making in children and young people who are approaching the end of life
Designing an electronic holistic needs assessment form
Clinical specialist nurses at Leeds Cancer Centre have developed an electronic form that increases the use and quality of holistic needs assessments for cancer patients
Timing of referral for hospice-based palliative care varies nationwide
A large retrospective study by the National Institute for Health Research has found nationwide variation in the timing of referral to hospice care. Older people were referred closer to death than younger people
How hospital nurses can deliver services closer to the public
In Nottingham, hospital nurses offer prostate cancer risk assessment clinics in community centres. How does one go about setting up services that bridge the gap between hospital and community?
Creating guidelines for managing the side-effects of immunotherapy
The Clatterbridge Cancer Centre offers a set of guidelines to help staff manage immune-related adverse events. This initiative won the Cancer Nursing category in the 2017 Nursing Times Awards
Living with and beyond cancer 2: the role of allied health professionals, support workers and volunteers
To respond to the differing needs of people living with cancer, teams need a mix of skills and roles. This is part 2 of a two-part series on living with cancer
Living with and beyond cancer 1: how well are we helping patients?
There are recommended interventions to help people cope with the long-term effects of cancer, but they are not implemented evenly across areas and settings. This is part 1 of a two-part series on living with cancer
Developing a resource to help parents explain cancer to their children
Nursing Times 2016 Cancer Nursing Award winners describe how they created an innovative resource to help people with cancer talk to their children about the condition
Implications of recent advances in radiotherapy techniques and technology
Newly announced funding to upgrade linear accelerators in England, and more generally advances in radiotherapy techniques, will help provide cutting-edge radiotherapy services to all. What are the implications for professionals?
Palliative Care Nurses
Competitive rates of pay
End of Life and Palliative Care
Perioperative nursing
Substance misuse
Tissue viability
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Helgerson Assails "Reprehensible" CMS Medicaid Work Requirements Plan, Rosenbaum Finds Plan will Hurt Poorest, Most Vulnerable Americans
NYAPRS Note: NYS Medicaid Director Jason Helgerson blasted CMS Administrator Seema Verma’s support for work requirements for Medicaid beneficiaries, adding that “it was absurd for her to suggest that she was ushering in a new day for Medicaid by taking it away from millions of people.”Former CMS Director Cindy Mann found the proposal “disturbing”, adding that the Affordable Care Act gave states the “flexibility and financing” to cover that population in diverse ways, without seeking a federal waiver.”
And health policy expert law professor Sara Rosenbaum’s reaction: “It tells me that the agency is preparing to disavow a central objective of federal law and instead will attempt to accomplish exactly what the law does not countenance, namely, a reduction in the level of assistance available to the poorest and most medically vulnerable Americans.”
Finally, former NYAPRS Board co-President Steve Coe asked “if states reduce their roles through means testing where are people going for health care? He advocated for a Scorecard that looks at “the cost of uninsured individuals and the ways states highlight social determinates of health and steps taken to engage individuals in preventive care, social supports, training.”
Trump Administration Will Support Work Requirements for Medicaid
By Robert Pear November 7, 2017 New York Times
WASHINGTON — The Trump administration announced on Tuesday what it called “a new day for Medicaid,” telling state health officials that the federal government would be more receptive to work requirements and other conservative policy ideas to reshape the main government health program for low-income people.
Seema Verma, the administrator of the Centers for Medicare and Medicaid Services, said the administration would approve proposals from states to require work or community engagement for people who want to receive Medicaid. The Obama administration had turned down such proposals, saying they would not further the purposes of Medicaid, which are to promote health coverage and access to care.
But in a half-hour speech to the National Association of Medicaid Directors, which represents state officials, Ms. Verma said on Tuesday that Medicaid had a higher purpose: to help people “rise out of poverty and government dependence.”
Many people on Medicaid, including many who became eligible as a result of the Affordable Care Act, are able-bodied adults of working age, Ms. Verma said.
“These are individuals who are physically capable of being actively engaged in their communities, whether it be through working, volunteering, going to school or obtaining job training,” Ms. Verma said. “Let me be clear to everyone in this room: We will approve proposals that promote community engagement activities.”
She heaped criticism on the Obama administration, saying it had focused on increasing Medicaid enrollment rather than helping people move out of poverty and into jobs.
“Believing that community engagement requirements do not support or promote the objectives of Medicaid is a tragic example of the soft bigotry of low expectations consistently espoused by the prior administration,” Ms. Verma said. “Those days are over.”
Jason A. Helgerson, the Medicaid director in New York State, said on Twitter that Ms. Verma’s comments were “absolutely awful.” It was absurd for her to suggest that she was ushering in a new day for Medicaid by taking it away from millions of people, he said.
Ms. Verma worked for years as a consultant to state Medicaid officials. With her guidance, her home state of Indiana expanded Medicaid eligibility under the governor at the time, Mike Pence, while emphasizing “personal responsibility” by requiring beneficiaries to pay premiums and contribute to health savings accounts.
In her remarks on Tuesday, Ms. Verma did not renew Republican calls for repealing the Affordable Care Act. But she criticized the law’s expansion of Medicaid, an option that has been taken up by 31 states.
“The thought that a program designed for our most vulnerable citizens should be used as a vehicle to serve working age, able-bodied adults does not make sense,” Ms. Verma said.
Average monthly enrollment in Medicaid, according to the Congressional Budget Office, has climbed by nearly one-third, to 77 million people, since President Barack Obama signed the Affordable Care Act in 2010.
The Kaiser Family Foundation reports that at least six states — Arkansas, Indiana, Kentucky, Maine, Utah and Wisconsin — have pending waiver requests that would require work as a condition of eligibility for some Medicaid beneficiaries. New Hampshire submitted its own proposal last week.
“Community engagement” is a broad term that states define in various ways. It can include not only paid employment, but also volunteer activities, going to school, job training, searching for jobs, caring for elderly relatives and even treatment for drug or alcohol abuse.
Donna Checkett, a former Medicaid director in Missouri, said Ms. Verma’s position on requiring such activities was “180 degrees different from that of the previous administration.”
Cindy Mann, who was the top federal Medicaid official under Mr. Obama, said Ms. Verma’s objections to Medicaid coverage of working age, able-bodied adults were “upsetting and disturbing.”
The Affordable Care Act gave states the “flexibility and financing” to cover that population in diverse ways, without seeking a federal waiver, Ms. Mann said.
And she noted that the expansion of Medicaid had been defended by Republican governors including Chris Christie of New Jersey, John R. Kasich of Ohio, Rick Snyder of Michigan, Chris Sununu of New Hampshire and Brian Sandoval of Nevada.
Ms. Verma also announced changes to speed the review of state requests for waivers of the federal Medicaid law. She said the Trump administration could approve some waivers for 10 years. Waivers have typically been approved for five years, with the possibility of an extension for three years.
In addition, Ms. Verma said, “if we approve an idea in one state and another state wants to do the same thing, we will expedite those approvals.”
She said the Trump administration would issue a scorecard measuring and comparing states’ performance in improving the health of people on Medicaid. The federal government and the states together spend more than $550 billion a year on Medicaid, and people deserve to know if the money is “producing positive results,” she said.
Matt D. Salo, the executive director of the National Association of Medicaid Directors, said state officials agreed with Ms. Verma that they should focus on Medicaid beneficiaries and the outcomes of the care provided.
But, Mr. Salo said, “we have a lot of disagreement” with the contention that Medicaid should not be serving able-bodied adults of working age. State officials said that many Medicaid beneficiaries had low-wage jobs that did not provide health insurance for them or their family members.
Ms. Verma insisted that the Affordable Care Act had given states perverse financial incentives, paying a higher share of Medicaid costs for newly eligible beneficiaries.
“The A.C.A.,’’ she said, “moved millions of working-age, nondisabled adults into a program that was created to care for seniors in need, pregnant mothers, children and people with disabilities, stretching the safety net for some of our most fragile populations, many of whom are still on waiting lists for critical home-care services while states enroll millions of newly eligible able-bodied adults.’’
https://www.nytimes.com/2017/11/07/us/politics/trump-work-requirements-medicaid.html?_r=1
States Will Be Allowed To Impose Medicaid Work Requirements, Top Federal Official Says
By Paige Winfield Cunningham November 7, 2017 Washington Post
The government will give states broader leeway in running their Medicaid programs and allow themto imposework requirements on enrollees, a top federal health official said Tuesday in outlining how the Trump administration plans to put its mark on the insurance program for low-income Americans.
Seema Verma, who heads the Health and Human Services Department’s Centers for Medicare and Medicaid Services, did not spare criticisms of the Obama administration and called its opposition to work requirements “soft bigotry.”
“Believing that community engagement requirements do not support the objectives of Medicaid is a tragic example of the soft bigotry of low expectations consistently espoused by the prior administration,” Verma said in a sweeping address to the National Association of Medicaid Directors. “Those days are over.”
The speech was Verma’s most detailed public explanation of how she plans to approach Medicaid in a highly politicized era in which Republicans still hope to roll back its expansion under the Affordable Care Act as well as enact future spending cuts through their various health-care bills.
The program’s chief problems, according to Verma, include the expansion to add able-bodied adults and overall costs, which now comprise 29 percent of total state spending. She also faulted the federal government for requiring too much reporting from states and for delaying approval of states’ waiver requests to run their programs in alternative ways.
Multiple times throughout her half-hour speech, she used the phrase “card without care” to make her point that simply enrolling people in Medicaid isn’t effective if they can’t find a doctor who will accept them — an ongoing problem with the program because its reimbursements are lower than for Medicare or private coverage.
“We fail to live up to that promise when Medicaid merely provides a card without care,” she said. “And that’s why we’re ushering in a new era for Medicaid at CMS.”
Verma stressed that she and President Trump are “deeply committed” to the program, while accusing the prior administration of quashing state innovation and undermining Medicaid’s traditional partnership between the federal and state governments.
She listed a number of ways that CMS will change its approach, by expediting state waiver requests that mirror past approvals, allowing some waivers for up to a decade and starting a “report card” that grades state programs.
Waivers are a major way the Trump administration can reshape Medicaid. A half-dozen states have applied or soon will apply to require program enrolleesto get a job or do some kind of community volunteering as a condition of their coverage.
Verma has long supported such requirements, which the Obama administration uniformly rejected, but Tuesday was the first time she explicitly promised that her agency would approve this type of waiver request.
“The thought that a program designed for our most vulnerable citizens should be used as a vehicle to serve working-age, able-bodied adults does not make sense,” she said.
Some officials from states currently asking to implement work or community engagement requirements were pleased at Verma’s declaration of support, including Kentucky Medicaid commissioner Stephen Miller.
“You heard what was said today, and we’re right in sync with that,” Miller said. He said he’s expecting notification “soon” from CMS that Kentucky’s waiver request has been approved. The state is hoping to set its new requirements in motion starting the middle of 2018.
But New York Medicaid director Jason Helgerson said it was “completely reprehensible” for Verma to use the phrase “soft bigotry” to describe Medicaid programs that don’t impose extra requirements on low-income people seeking coverage.
“Where should I start? Helgerson said, when asked to respond to Verma’s address. “Shocked, appalled would be the two primary reactions I have.”
https://www.washingtonpost.com/news/powerpost/wp/2017/11/07/states-will-be-allowed-to-impose-medicaid-work-requirements-top-federal-official-says/?utm_term=.f0a9d15870b6
Medicaid Chief Says Feds Are Willing To Approve Work Requirements
By Phil Galewitz November 7, 2017 Kaiser Health News |
The Trump administration signaled Tuesday that it would allow states to impose work requirements on some adult Medicaid enrollees, a long-sought goal for conservatives that is strongly opposed by Democrats and advocates for the poor.
“Let me be clear to everyone in this room: We will approve proposals that promote” employment or volunteer work, Seema Verma, the head of the Centers of Medicare & Medicaid Services (CMS) said in a speech to the nation’s state Medicaid directors.
Such a decision would be a major departure from federal policy, and critics said it would lead to a court fight. President Barack Obama’s administration ruled repeatedly that work requirements were inconsistent with Medicaid’s mission of providing medical assistance to low-income people.
“The thought that a program designed for our most vulnerable citizens should be used as a vehicle to serve the working-age, able-bodied adults does not make sense, but the prior administration fought state-led reforms that would’ve allowed the Medicaid program to evolve,” Verma said.
“For people living with disabilities, CMS has long believed that meaningful work is essential to their economic self-sufficiency, self-esteem, well-being and improving their health,” she added. “Why would we not believe that the same is true for working-age, able-bodied Medicaid enrollees?”
Verma also blasted the Affordable Care Act, saying the health law’s efforts to give coverage to so-called able-bodied adults was a mistake because it resulted in “stretching the safety net for some of our most fragile populations,” such as children, pregnant women and people with disabilities. It also has added to the problems for Medicaid enrollees getting access to care, she said.
The speech got a cool reception from the state directors. None of her comments brought immediate clapping from the nearly 1,000-person audience, but there was polite applause at the end.
Eight states — Arizona, Arkansas, Indiana, Kentucky, Maine, New Hampshire, Utah and Wisconsin — have submitted requests to CMS seeking to require nondisabled Medicaid enrollees to either work or provide community service.
The proposed work requirement rules vary by state. Arizona calls for enrollees to be working, seeking work or attending school or job training for at least 20 hours a week.
New Hampshire would require enrollees to work, engage in job training or acquire education for more hours the longer they are in Medicaid. For example, they would put in 20 hours a week the first year they were enrolled, 25 hours the second year and at least 30 hours in their third year.
Verma did not say when she would rule on the pending applications, but one CMS official said it would likely be before the end of the year.
The Medicaid chief said she wants to give states more flexibility as CMS officials “reset the federal-state relationship, and restore the partnership,” so that Medicaid “is sound and solvent and helps all beneficiaries reach their highest potential.”
Kentucky expects to get a green light from CMS and plans to implement the mandate by July, said Stephen Miller, the state’s Medicaid director. “We were in sync with what she had to say” about work requirements, he said.
He said that even though the state’s Medicaid rolls have soared to cover 33 percent of residents, Kentucky still has high rates of cancer, smoking and obesity. “We have to try something else,” he said. “We need to do more than just help people access health care.” The move would also help the state save money, he added.
Allison Taylor, Indiana’s Medicaid director, said a work requirement would help the state find the nearly 1 million workers it is estimated to need by 2025.
Studies show the vast majority of Medicaid enrollees are already working, looking for work, going to school or caring for a relative.
About 59 percent of nondisabled adults on Medicaid who are under 65do have jobs, according to the Kaiser Family Foundation. (Kaiser Health News is an editorially independent program of the foundation.)
Verma said the Obama administration was wrong when it denied states’ requests to implement work requirements, also known as community engagement mandates. “Believing that community engagement requirements do not support or promote the objectives of Medicaid is a tragic example of the soft bigotry of low expectations consistently espoused by the prior administration,” she said. “Those days are over.”
New York Medicaid Director Jason Helgerson said the speech created an “us vs. them” scenario. “To suggest that the work we do is some form of bigotry is disgusting,” he said.
While he welcomed more flexibility from CMS toward states, Helgerson said the ACA has been a boon to New York and there is no evidence of people having longer waits for care since the expansion.
Verma decried the Obama administration’s emphasis on Medicaid enrollment. “While many responded to this expansion with celebration, we shouldn’t just celebrate an increase in the rolls, or more Medicaid cards handed out,” she said. “For this population, for able-bodied adults, we should celebrate helping people move up, move on and move out.”
Several Medicaid directors said they were upset that Verma suggested they care only about adding people to Medicaid rolls. “We do so much more than that,” said one Medicaid director, who refused to be named because of concerns about working with CMS.
More than16 million peoplehave been added to Medicaid since 2013, mostly as a result of 31 states and the District of Columbia expanding eligibility under the federal health law.
States and the federal government split the costs of the$576 billion Medicaid program,which covers 74 million people. States are allowed to set benefits and eligibility rules within broad federal guidelines.
Since the 1990s, the federal government has increasingly allowed states to temporarily waive Medicaid rules to give states the ability to experiment with how they administer the program. States have used those options for efforts such as adding monthly premiums or customizing their expansion of Medicaid under the 2010 Affordable Care Act.
Two long-term requirements of such waivers are that they do not increase federal costs and they improve health coverage of the poor.
CMS said Tuesday that expanding access is no longer a key purpose of federal Medicaid waivers. That would be a philosophical change in the program that would open the door to approve work requirements, which states acknowledge would reduce the number of people enrolled.
“It tells me that the agency is preparing to disavow a central objective of federal law and instead will attempt to accomplish exactly what the law does not countenance, namely, a reduction in the level of assistance available to the poorest and most medically vulnerable Americans,” said Sara Rosenbaum, a health policy and law professor at George Washington University in Washington, D.C.
Verma’s decision had been widely expected. Before being appointed to CMS, she was a health care consultant, and she helped the Indiana and Kentucky Medicaid programs draw up their waiver requests, including work requirements. To avoid a conflict, CMS said Verma will not be involved in decisions on those two states.
A decision to support work requirements would likely end up in a court battle, said Jane Perkins, legal director of the National Health Law Program, an advocacy group. Perkins said CMS has power to allow states to experiment with the Medicaid program but not by curtailing eligibility.
“This is really a change in the complexion of the Medicaid program, where CMS is saying to states, ‘Come tell us what you want to do and if you want to cut back the program, we will give you the go ahead,’” Perkins said. “That is inconsistent with congressional intent” of Medicaid waivers.
Verma’s address to the National Association of Medicaid Directors meeting in Arlington, Va., marks one of her few public appearances since taking office. Despite overseeing both Medicaid and Medicare — programs that affect more than 120 million Americans — she has given few interviews or public speeches.
She has frequently been mentioned as a possible replacement for Health and Human Services Secretary Tom Price, who resigned in September following allegations of wasteful travel spending.
Verma’s speech came afteran announcement by CMSon Monday that it would streamline the often-arduous process to get Medicaid waivers. It offered to fast-track some requests and said it would allow states to get waivers for up to 10 years — five more years than currently allowed.
Verma also said the federal government would release scorecards showing Medicaid outcomes, but she gave no details on what measures would be evaluated. Some state officials fear CMS will use the new grading measure to lower their federal funding.
Most Medicaid enrollees are in private managed care plans, which get evaluated each year by states, looking at everything from vaccination rates for children to cancer screening rates for adults.
https://khn.org/news/medicaid-chief-suggests-feds-are-willing-now-to-approve-work-requirements/
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NYMC Hosts Fourth Annual East-West Integrative Medical Symposium for Immunology and Wellness
Organized and hosted by the Department of Microbiology and Immunology
Fourth Annual East-West Integrative Medical Symposium
More than 100 attendees from across the U.S. and as far away as the United Kingdom and China, gathered at New York Medical College (NYMC) for the Fourth “East-West Integrative Medical Symposium for Immunology and Wellness—Clinical Practice, Science and Technology” on July 15, organized and hosted by the Department of Microbiology and Immunology. The forum, with a simultaneous English-to-Chinese translation available for guests, discussed scientific advances in the area of allergies and wellness and sought to bridge international collaborations for research and education, as well as offer clinical applications of integrative models of treatment for allergic disorders and for promoting wellness.
The day began with the signing of a Memorandum of Understanding (MOU) between NYMC and Henan University of Chinese Medicine to foster collaboration between the two institutions to enhance research, education and clinical programs in allergy, immunology, and the use of traditional Chinese medicine, as well as to facilitate the exchange of visiting scientists and students.
Salomon Amar, D.D.S., Ph.D., professor of pharmacology, and microbiology and immunology, NYMC, professor of dental medicine, Touro College of Dental Medicine at NYMC and provost for biomedical research and chief biomedical research officer, Touro College and University System, who signed the MOU on behalf of NYMC and gave welcoming remarks, offered his enthusiasm for the developing relationship. “I am thrilled to see this new international connection that will allow us to build a broader research base and I am looking forward to the next steps to increase collaboration,” he said.
In attendance were faculty, scientists, clinicians, graduate and medical students, post-doctoral fellows, and patients, as well as delegate leaders of professional societies and the pharmaceutical industry, and dignitaries from Chinese medical schools. The audience spent the day learning about a wide range of topics such as: integrative medicine in the United States, including public perceptions, regulation, and training; accepted standards of care for common allergic disorders; research in traditional Chinese medicine for developing novel therapies for allergy, asthma and wellness; and clinical opportunities for the integration of traditional Chinese medicine into standard care for inflammatory conditions, including asthma, food allergy, eczema, EoE and allergic purpura. A poster presentation session covered the topics of traditional Chinese medicine, integrative-medicine clinical case studies, clinical observational studies, survey data, and laboratory research findings.
Several prominent guest speakers addressed the audience. Wayne Shreffler, M.D., Ph.D., professor and chief, Division of Allergy/Immunology, Massachusetts General Hospital for Children, summarized the cutting-edge food allergy research being conducted under the auspices of the Food Allergy Scientific Initiative. Barbara Winston, president of the Bruce Winston Gem Corporation and founder of the Winston Wolkoff Fund for Integrative Medicine for Allergies and Wellness, presented her vision for current and future integrative medicine for allergy and wellness.
Also taking the podium were NYMC’s own Jan Geliebter, Ph.D., professor of microbiology and immunology, who discussed why and how we make IgE and its role in protection and allergy; Xiu-Min Li, M.D., M.S., of the Department of Microbiology and Immunology, who presented her research translating traditional Chinese medicine to modern therapy for food allergy; Raj K. Tiwari, Ph.D., professor and interim chairman of the Department of Microbiology and Immunology, and graduate program director, who discussed the fundamental principle of immune checkpoint inhibitors and their role in allergy versus tolerance; and Raymond J. Dattwyler, M.D., professor of microbiology and immunology, medicine and pediatrics, who shared a new vision of acute and chronic Lyme disease.
“The symposium was an excellent opportunity to explore bridging traditional Chinese medicine with currently available allopathic drugs and therapies to enhance the science of allergy treatments for the benefit of patients,” said Dr. Li, who chaired the organizing committee along with Dr. Tiwari.
“It was exciting to host such an important symposium to highlight the significance of integrative medicine, research, practice and new drug development,” said co-chair, Dr. Tiwari. “I believe it was an important stepping stone in collaboration for novel effective treatments for immunological diseases. I look forward to continuing partnerships in this area.”
A recording of the proceedings is being prepared for public distribution.
Photo from left: Junqing Zhao, section chief, International Cooperation Department, Henan University of Chinese Medicine; Baozhong Sun, president, New York International Education Group; Colin Ahyoung, administrator of Department of Microbiology and Immunology, NYMC; Xiangxin Chen, director, human resources, Henan University of Chinese Medicine; Zhenqiang Zhang, director of Research and Laboratories Center, Henan University of Chinese Medicine; Raj K. Tiwari, professor and interim chairman of the Department of Microbiology and Immunology, and graduate program director. NYMC; Erping Xu, president of Henan University of Chinese Medicine; Xiu-Min Li, Department of Microbiology and Immunology, NYMC; Gang Sun, supervisor, Second Affiliated Hospital of Henan University of Chinese Medicine; Jinghui Dou, former FDA botanical review officer; Mazin Al-Khafaji, chief executive officer of Avicenna Centre for Chinese Medicine, UK; and Allen Xue, president of GNT, LLC.
View the East-West Integrative Medical Symposium photo gallery.
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Education|Gifted, Talented and Separated
A System Divided
Gifted, Talented and Separated
DISPARITY A fourth-grade gifted class taught by Angelo Monserrate at Public School 163.CreditCreditDave Sanders for The New York Times
By Al Baker
IT is just a metal door with three windows, the kind meant to keep the clamor of an elementary school hallway from piercing a classroom’s quiet. Other than paint the color of bubble gum, it is unremarkable.
But the pink door on Room 311 at Public School 163 on the Upper West Side represents a barrier belied by its friendly hue. On one side are 21 fourth graders labeled gifted and talented by New York City’s school system. They are coursing through public school careers stamped accelerated.
And they are mostly white.
On the other side, sometimes sitting for reading lessons on the floor of the hallway, are those in the school’s vast majority: They are enrolled in general or special education programs.
They are mostly children of color.
“I know what we look like,” Carolyn M. Weinberg, a 28-year veteran of P.S. 163, said of the racial disparities as she stood one day in the third-floor hallway between Room 318, where she and a colleague teach a fourth-grade general education class, and the one where Angelo Monserrate teaches the gifted class, Room 311.
“I know what you see,” said Ms. Weinberg.
There are 652 students enrolled at P.S. 163 this year, from prekindergarten through fifth grade. Roughly 63 percent of them are black and Hispanic; whites make up 27 percent; and Asians account for 6 percent.
This reflects the flavor of the neighborhood, and roughly matches the New York City school system’s overall demographics.
Yet in P.S. 163’s gifted classes, the racial dynamics of the neighborhood, the school itself and the school system are turned upside down.
Of the 205 children enrolled in the nine gifted classes, 97, or 47 percent, are white; another 31 of the students, or 15 percent, are Asian. And a combined 65 students, or 32 percent, are black and Hispanic.
In the 21 other classes that enroll the school’s remaining 447 students, only 80, or 18 percent, are white.
The disparities are most apparent in the lower grades.
Of the 24 students in Karen Engler’s kindergarten gifted class, one is black and three are Hispanic. Ayelet Cutler’s first-grade gifted class has 21 students, one of them black and two Hispanic. There are two blacks and two Hispanics among the 26 students in Athena Shapiro’s second-grade gifted class.
On a recent morning, a line of Ms. Cutler’s students moved from the classroom to the corridor, ahead of the general education class of Linda Crews. A string of mostly white faces and then a line of mostly black and Hispanic ones walked down the hall of a school named for a New York politician who sought to end inequities in education: Alfred E. Smith.
It was 11:25 a.m., and the classes wound their way to the cafeteria, a cavernous room at the school’s western edge. Once there, the children sat with those in their own class, each one at a separate long white table that, for a moment, froze the divisions.
For critics of New York City’s gifted and talented programs, that image crystallizes what they say is a flawed system that reinforces racial separation in the city’s schools and contributes to disparities in achievement.
They contend that gifted admissions standards favor middle-class children, many of them white or Asian, over black and Hispanic children who might have equal promise, and that the programs create castes within schools, one offered an education that is enriched and accelerated, the other getting a bare-bones version of the material. Because they are often embedded within larger schools, the programs bolster a false vision of diversity, these critics say, while reinforcing the negative stereotypes of class and race.
Despite months of repeated requests, the city’s Education Department would not provide racial breakdowns of gifted and talented programs and the schools that house them. But the programs tend to be in wealthier districts whose populations have fewer black and Hispanic children, and far more children qualify for them in affluent districts than in poorer ones.
In District 3, which stretches for 63 blocks along Manhattan’s Upper West Side and includes P.S. 163, there are five gifted programs for elementary school children, including the Anderson School, one of five citywide programs.
Farther north, for all of Districts 5 and 6, which are poorer and more heavily black and Hispanic, there are just two programs.
And though programs are clustered in affluent neighborhoods around Prospect Park, Brooklyn, and in northeastern Queens, the accelerated classes are absent from broad swaths of central Brooklyn and southeast Queens, where more families are poor and black or Hispanic.
In District 7, in the South Bronx, there is not a single gifted program. The area, dominated by Hispanic and black residents, is among the poorest in the nation, with many people living below the official federal poverty mark.
James H. Borland, a professor of education at Teachers College, said that looking at the gifted landscape in New York City suggests that one of two things must be true: either black and Hispanic children are less likely to be gifted, or there is something wrong with the way the city selects children for those programs.
“It is well known in the education community that standardized tests advantage children from wealthier families and disadvantage children from poorer families,” Dr. Borland said.
And the city’s efforts to fix the system seem to have only made it worse.
Until recently, each of the city’s 32 school districts could establish the classes as it saw fit and determine its own criteria for admission. They varied, but educators often took a holistic approach; they looked at evaluations from teachers and classroom observations, relying on tests only in part, by comparing the results of students from within a district.
That changed in September 2008, when the Bloomberg administration ushered in admission based only on a cutoff score on two high-stakes tests given in one sitting — the Otis-Lennon School Ability Test, or Olsat, and the Bracken School Readiness Assessment.
The overhaul was meant to standardize the admissions process and make it fairer. But the new tests decreased diversity, with children from the poorest districts offered a smaller share of kindergarten gifted slots after those were introduced, while pupils in the wealthiest districts got more.
For the 2012-13 school year, 4,912 children qualified for gifted programs. The more affluent districts — 2 and 3 in Manhattan, 20 and 22 in Brooklyn, and 25 and 28 in Queens — had the most students qualify: 949 in District 2, which takes in Lower Manhattan and the Upper East Side, and 505 in District 3.
Some districts in poor and predominately black and Hispanic districts had too few qualifiers to fill a single class: in District 7, only six children qualified for gifted placements, and none for the most exclusive schools, like the Anderson School, which requires a score at or above the 97 percentile.
The number of classes over all fell sharply.
This year, the department changed the process again, substituting a new test known as the Naglieri Nonverbal Ability Test — Second Edition, or NNAT2, for the Bracken exam. This is what children competing for placements next year started facing this month, in tests that began on Jan. 7.
Shael Polakow-Suransky, the city’s chief academic officer, said data showed that a “more diverse range of kids” excelled on the new test because it was less rooted in test preparation and would allow educators to more accurately identify gifted pupils.
But focusing on the gifted classrooms is missing the point, Mr. Polakow-Suransky said. Though it is worthy to debate whether the “world of G.&T.” is diverse enough, he said, the administration’s “equity agenda” is much broader: It seeks to improve the quality of education and close achievement gaps across the entire school system.
“We are not a system that is purely focused on running a good G.&T. program,” Mr. Polakow-Suransky said. “We are a system that is focused on dramatically shifting educational opportunities for, particularly, kids of color and kids from high-poverty neighborhoods who have historically in this city been deeply neglected.”
But the accelerated classrooms serve as pipelines to the city’s highest-achievement middle schools and high schools, creating a cycle in which students who start out ahead get even further advantages from the city’s schools.
And the numbers of black and Hispanic students who make it into the city’s specialized high schools, long seen as its flagship institutions, have declined significantly over recent decades. Though about 70 percent of city students are black or Hispanic, from 2006 to 2012 the two groups, combined, were offered only about 15 percent of the seats at the specialized high schools, according to the Education Department.
“I don’t think the fact that G.&T. programs are clearly and disproportionately white, and are so lacking, given the size of the population, in black and Latino students is the result of anyone’s bad intentions,” said Ellis Cose, a parent of a child who attends a gifted and talented program at P.S. 163. Mr. Cose is the author of “The End of Anger” (2011), which explores the issues of race and generational change.
“I think it is really the result of people committed to a system that can never work if the objective is diversity,” he said.
“The only way it even conceivably can work is to give young poor kids the same sort of boost up that young affluent kids get, which is to make sure these kids get an excellent preschool education, make sure these kids get tutoring, make sure these parents know at what time in the circuit they are supposed to prepare their kids for what. And that is taking on a much larger task than tinkering with a test.”
THE idea of gifted education has drifted in and out of vogue in American schools. It was elevated in the 1950s, when educators and lawmakers pushed gifted programs in math and science amid fears about communism’s rise. It waned in the 1960s but re-emerged with a White House task force on giftedness and the signing of several federal bills in the 1970s that recognized gifted children’s needs.
Urban districts were seen as using the programs to help prevent white flight from the schools, in essence offering a system within the system that was white-majority and focused on achievement. “There have been claims that gifted education resegregates the public schools,” Dr. Borland said.
“Certainly there was concern with keeping middle-class families involved in public schools, and to the extent that we use tests to select kids for gifted programs, that tends to skew the programs toward children from wealthier, white families,” he added.
Are They Gifted? Or Segregated?
Dave Sanders for The New York Times
At P.S. 163, gifted classrooms date to at least the late 1980s.
Children take different pathways to the school’s classrooms. For general education students, the school is open to those who live in the neighborhood zone, a U-shape area that stretches roughly from West 96th to West 102nd Streets, between Central Park West and just west of Broadway. It captures brownstones and co-ops with park views as well part of the massive Frederick Douglass Houses, a public housing complex whose 20-story towers rise between West 100th and West 104th Streets east of Amsterdam Avenue.
Students from within District 3 whose combined scores on the gifted tests were in the 90th percentile or above can list P.S. 163’s gifted program as one they would prefer to attend. The central office then assigns them to one of their chosen schools. Another choice is the school’s dual-language program, which fosters bilingual learning among students who are split roughly 50-50, according to Spanish or English dominance. Students enter by choice, though priority is given to those in the neighborhood.
In the spring of 2004, P.S. 163’s principal at the time, Virginia M. Pepe, helped create her own assessment of a subgroup of prekindergarten students for placement in the next year’s kindergarten gifted program.
With one eye on the need for diversity and another on the need for objectivity, Dr. Pepe developed some cognitive tasks, like sorting objects, and mixed in an early childhood preliteracy assessment and an assessment of language. Kindergarten gifted teachers also observed the children.
It was a “balancing act” that year, to find the right mix of students for the new kindergarten gifted programs, she said. An aid in diversifying that program, which lasted just one year, was a policy from the central office that allowed families from districts north of the school — Districts 5 and 6, for instance — to send their children to P.S. 163’s gifted program if they chose to and if seats were available.
“Those districts did not have gifted and talented programs at the time,” Dr. Pepe said.
“Families that were Caucasian liked us because we offered more diversity, and multiracial families liked us because they thought their children would have opportunities to be in a more diverse setting, and African-American families from up in District 5 appreciated us because they were closer to home.”
In 2007, though, the Education Department stopped allowing out-of-district children to attend (a policy it has now reversed for the 2013-14 school year); the following year, it went to the testing-only admission policy. And that “slowed things down” in diversifying the gifted-and-talented program, said Nia Mason, an art teacher who began teaching at the school in 1988.
“The diversity changed overnight when they put that test in,” Ms. Mason said.
IF P.S. 163 has little control over admission to the gifted programs or who ultimately gets seated, it does control what happens in its classrooms. According to the current principal, Donny R. Lopez, the school’s leadership does its best to foster mingling between students in the gifted classes and others.
One day, half the students from Keira A. Dillon’s fifth-grade gifted class mixed with half the students from Robyn Lindner’s fifth-grade general education class and headed to the auditorium for a program run by the National Dance Institute.
There, onstage, the pupils from the two classes giggled and moved self-consciously as they followed the directions of Bianca Johnson, a teaching artist and choreographer.
At one point, when Ms. Johnson held up a photo of a man’s face and asked for his name, it was Jamal Brown, a boy from the general education class, who identified him as Jacques d’Amboise, the founder of the National Dance Institute.
Some teachers at P. S. 163 use the word “enriched,” rather than “accelerated,” to describe the academics of the gifted programs.
Ms. Dillon said that even within gifted classes there was a spectrum of ability, and that she commonly arranged pupils into small groups, according to their abilities, for reading, writing, math and the like.
This fall, in studying the branches of the federal government, about a third of her students understood that some concepts of power also extended to the states and that there was an interplay between state and federal powers.
“The general education students might not have all covered this topic,” said Ms. Dillon, whose class is more diverse than most of the gifted and talented rooms, with five black and eight Hispanic children among the 26 students.
Sara K. Bloch’s triplets are all in different programs at the school. Leon is in Ms. Dillon’s gifted class; Jason is in general education; and Felix is in what is known as an integrated co-teaching class, which mixes special education students with general education children like Felix. “To be completely honest, we feel that this class is probably similar to a regular fifth-grade class,” she said on the day she visited Leon in Ms. Dillon’s class. “Math is the same; all three — they have the same book.”
But Leon does seem to be pushed harder, Ms. Bloch said. He is asked to think of things in complex ways, not just to memorize dates of the American Revolution or names like John Adams, for instance, but also to understand relationships between events and people, or to explain possible motives or forces behind certain events, like the Boston Tea Party. She also said that the relationship between the parents and the teachers was more intense at the gifted level, with an expectation of parent involvement and connectedness.
“There is none of that in the other classes,” Ms. Bloch said.
In her experience in teaching those who teach gifted children in New York City’s public schools, Christy T. Folsom, a professor at Lehman College and a former board member of Advocacy for Gifted and Talented Education in New York State, said gifted children got a “much deeper experience and, in some cases, more advanced curriculum.”
“In the gifted classrooms that I’ve been in, the majority of kids are reading at grade level or beyond, and they can write well, and then so much time is not spent on basic skills so they can spend more time on content and on comparing historical eras,” Professor Folsom said. “They are then able to do the more deep thinking work because less time has to be spent on the fundamental skills.”
WHY parents embrace or reject public schools is a complicated equation.
At P.S. 163, several parents and teachers wondered whether white parents would stay if not for the gifted classes.
“You don’t see any white kids in the general education classes,” said one parent of a student in a dual-language class, who requested anonymity for fear of reprisals. “You might see one or two, but I don’t see any white families coming to register their children for general education. They come straight to gifted and talented.”
“I guess it is a question of, ‘How much diversity do you feel comfortable with?’ ” said the parent of one child in the gifted program, who did not want to be identified for fear of animosity from other parents. “Do I want him to be the only white kid in an all-black school? No. Would I like it if the racial mix was more proportionate? Yes, whatever the percentage of the makeup. That’s an honest answer, from my soul. Is it hypocritical for parents to say, ‘We’re sending our kids to public school,’ but they’re sending them to an all-white gifted and talented program? But it’s not our fault. We want the best for our children.”
Carrie C. Reynolds, a co-president of the PTA, said parents seemed to be basing choices not on race but on the academic environment and on socioeconomic factors.
“If you were upper income, well educated, you want your kid to have a more enriched education,” she said. “I think it is more economics than race. They tend to go hand-in-hand in New York City, but I certainly know families that have made a different choice, that are here at this school, that are white and are not in gifted and talented.”
But one afternoon at the school, Ms. Lindner, the fifth-grade teacher, said she was “always surprised” when she saw more than two or three white children in her general education classes.
As a parent herself, and a resident of Manhattan’s Upper East Side, she said, “there’s no way I’d put my kid in a general-education class here, no way, because it’s right next to the project and all the kids in general education come from the projects.”
She said her experience was that many of the children in her general education classes were at grade level or below and did not get the same support from their parents that the children in the gifted classes got. “They’re tougher kids,” she said of the general education students in the school. “They’re very street-savvy. They don’t have the background; their parents are hard on them but don’t know what to do with them.”
Andi Velasquez, who as the school’s parent coordinator has helped lead tours of the school for prospective parents over the last two years, said she had occasionally heard very “vocal” parents expressing surprise in seeing even a few black and Hispanic children in a gifted class.
“They say, ‘It has too many minorities to be a G&T class; that can’t be a G&T class,’ ” said Ms. Velasquez, 48, who is white and is married to a Hispanic man from Colombia, and whose two children attended the dual-language program at P.S. 87.
“And I say, ‘We’re proud of that,’ ” she said. “And those are the parents that haven’t come in the past.”
SANDRA M. ECHOLS, 46, a single mother who is black, has sent all three of her children to the gifted classes at P.S. 163, beginning with her oldest son who, in 1998, when he was entering fourth grade, gained admission to the program.
“It is an elitist program,” Ms. Echols said. “They don’t advertise it the way it should be advertised, but I’m glad I was savvy enough to navigate the system and give my children what they need.”
She remembers taking her oldest son to his middle-school gifted program and being mistaken for “the nanny.”
Her daughter got into the P.S. 163 program for kindergarten and was one of only two black girls in the class until second grade, when the other girl moved away, leaving her as the sole black child.
Now, Ms. Echols’s youngest son, Kenyan, 10, is in the fifth-grade gifted and talented class taught by Ms. Dillon.
Ms. Echols recounted her story while standing in Kenyan’s class one morning in the fall, when Ms. Dillon had invited parents to a “publishing party” to celebrate essays the children had written and edited.
“This class is the most diverse gifted and talented class I’ve seen,” said Ms. Echols, as other parents and children swirled around her.
She said that now her son was “best buds” with Lucas Pulsifer, who is white, and Nicholas Urena, who is Hispanic, and that they often arranged weekend play dates. “They represent what New York City is all about: a truly diverse melting pot.”
Minutes later, the party over, the parents began trickling out. Ms. Echols walked out with Lucas’s mother, Anna.
“We’re going to get coffee now,” she said, her arm hooked around the white woman’s elbow.
Correction: Jan. 20, 2013
Because of an editing error, an article last Sunday about racial separation in gifted and talented classes in New York City’s public school system misstated the admissions procedure for Hunter College Elementary School and its residency requirements for applicants. The school uses a separate test for placement and is open only to children living in Manhattan. It does not require a score in the 97th percentile on the tests used by the department of education, and children from District 7 in the Bronx are not eligible to attend.
A System Divided: This is the fourth and final article in a series examining the racial distribution of students in New York City’s public schools and its impact on their opportunities and achievements.
A version of this article appears in print on , Section MB, Page 1 of the New York edition with the headline: Gifted, Talented and Separated. Order Reprints | Today’s Paper | Subscribe
A Major Gap in Gifted Programs
To Be Black at Stuyvesant High
‘Why Don’t We Have Any White Kids?’
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Politics|Trump Returns to Campaign Trail After a Month in Office
Trump Returns to Campaign Trail After a Month in Office
Reminiscent of last year's campaign events, Mr. Trump on Saturday evening touched on familiar subjects such as a replacement for Obamacare, the “dishonest” media and his promises to strengthen the nation's borders.CreditCreditAl Drago/The New York Times
By Peter Baker
MELBOURNE, Fla. — Never let it be said that President Trump waits until the last minute. With just 1,354 days until the next presidential election, Mr. Trump kicked off his re-election campaign here on Saturday with a boisterous, sign-waving, slogan-chanting, patriotic-song-singing rally that lacked only an opponent for him to run against.
Gathering thousands of cheering supporters inside an airport hangar, Mr. Trump put aside the stress of Washington governing and returned to the campaign trail, where he reprised many of his greatest-hits themes and lines from last year and drank in the adulation of the crowd. Buoyant and energized, he invited one fan onto the stage for a hug and even briefly turned over the microphone.
“You’re all part of this incredible movement, this movement that we talk about so much, that’s been written about on the cover of every magazine all over the world,” Mr. Trump said in this Space Coast town 115 miles north of his Mar-a-Lago getaway. “It’s a moment that’s just sweeping, it’s sweeping across our country. It’s sweeping, frankly, across the globe.”
“People want to take back control of their countries,” he added, “and they want to take back control of their lives.”
With no Democratic challengers on the horizon — or anywhere near it — only a month after he took office, Mr. Trump focused instead on another favorite target, the news media, blaming journalists for any perception that his opening days in office have been less than smooth.
“They have their own agenda, and their agenda is not your agenda,” he told the appreciative audience. “They could not defeat us in the primaries, and they could not defeat us in the general election, and we will continue to expose them for what they are, and most important, we will continue to win, win, win.”
He also assailed the appeals court judges who blocked his temporary travel ban, reading from a law granting the president wide discretion in setting immigration rules and chastising the court for not addressing it. He slammed Democrats for opposing his cabinet nominations; vowed again to “drain the swamp” of Washington; and promoted his still-emerging plans for overhauling the tax code, repealing and replacing the Affordable Care Act, and building roads and bridges.
“This will be change for the ages, change like never before, to pursue real peace, real stability and real prosperity,” he said. “We want to secure our borders and protect our workers, to rebuild our military and our infrastructure, to fix our schools and restore safety to our neighborhoods.”
He boasted about the soaring stock market and said a new spirit was evident in the country. “It’s going to be a new day in America,” he said. “You’re going to be proud again. Jobs are already starting to pour back in.”
For anyone who has missed the buzz of the campaign trail, including, almost certainly, the victorious candidate, it was a blast from the not-too-distant past. Vendors sold the signature “Make America Great Again” red baseball caps. Supporters cheerfully chanted “CNN sucks” and “drain the swamp.” Familiar rally songs by Elton John, the Rolling Stones and other artists were blasted over the loudspeakers. Mr. Trump talked about winning and assured the crowd that they could “believe me.”
This time, though, he came with an extra prop — Air Force One. The power and prestige of the presidency is unmatched, and when the blue-and-white plane rolled up next to the hangar to the theme song from the Harrison Ford movie “Air Force One,” the crowd, estimated by the local police to have numbered about 9,000, exploded. The president and Melania Trump — who later introduced her husband with the Lord’s Prayer — emerged from the plane to Lee Greenwood’s “God Bless the U.S.A.”
Never mind that an administration official had told The Washington Post two days earlier that Air Force One would not be “used in the background as a prop.” Mr. Trump was hardly the first president to do so. The difference is that most presidents are eager to appear to remain above politics for as long as possible. Mr. Trump, by contrast, filed his re-election papers on Inauguration Day.
Asked by reporters on Air Force One as he flew here whether it was a little early to get back into campaign mode, he said: “Life is a campaign. Making our country great again is a campaign. For me, it’s a campaign; to make America great again is absolutely a campaign.”
The fan Mr. Trump called onstage was Gene Huber, 47, of Boynton Beach, Fla. He was sitting directly in front of Mr. Trump, who said he had seen Mr. Huber speaking in support of him on television. At Mr. Trump’s invitation, Mr. Huber spoke at the lectern for about 40 seconds. In an interview on Saturday night, Mr. Huber, who grew up in Lake Ronkonkoma, on Long Island, said when Mr. Trump called him to the stage, “I was like, ‘Holy mackerel, this is happening.’”
Mr. Huber, a Republican who arrived for the rally at 4 a.m., said of Mr. Trump, “Everything he says, I know he’s going to do.”
It was clearly an energizing moment for a president who has shaken up Washington with a flurry of action on his campaign promises while absorbing significant setbacks. For all the enthusiasm in the hangar, Mr. Trump is struggling to win over the wider public. As of Friday, the Gallup poll put his approval rating at 38 percent, the lowest of any modern president so early in his tenure. Near the hangar, protesters yelled slogans and waved signs.
At the end of his speech, Mr. Trump was clearly reading from prepared text as he talked about unity. “Let us move past the differences of party and find a new loyalty rooted deeply in our country,” he said.
But he was at his most animated when in competitive mode. “We’re going to start winning again,” he said. “Believe me.”
Christopher Mele contributed reporting from New York.
A version of this article appears in print on , Section A, Page 15 of the New York edition with the headline: Trump Returns to Campaign After a Month in Office. Order Reprints | Today’s Paper | Subscribe
Fact Check: What Trump Got Wrong at His Rally
Trump, an Outsider Demanding Loyalty, Struggles to Fill Top Posts
Trump’s ‘Winter White House’: A Peek at the Exclusive Members’ List at Mar-a-Lago
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Hind al-Husseini
25 April 1916, Jerusalem, Palestine
1994, Jerusalem, Jerusalem
Hind al-Husseini was born in Jerusalem to Tahir and Fatima al-Husseini. She had five brothers: Burhan, al-Mahdi, Sadiq, Zain, and Jamal.
Her elementary education was completed at the Islamic Girls’ School near al-Aqsa Mosque. In 1932, she enrolled at the English Girls’ College, graduating in 1937. In 1938, she did independent studies in Arabic and English literature.
She worked as a teacher for one year at the Islamic Girls’ School and then stopped teaching for a short while when World War II broke out, but later resumed teaching at that school until the end of the academic year 1945–46.
In 1948, Hind al-Husseini began to focus her activities on volunteer social work and took part in establishing the Social Cooperation Society for Women in Jerusalem. The society, which eventually had twenty-two branches in Palestine, carried out studies of the conditions of women and children in Palestinian towns and villages, established kindergartens, organized campaigns to combat illiteracy, and set up centers to teach dressmaking.
In April 1948, while passing through the Old City of Jerusalem on her way to attend a meeting, Husseini saw a group of refugee children wandering in the streets, the oldest being nine years old. Their condition was deplorable. They had fled from the village of Deir Yasin following the frightful massacre perpetrated in that village by Zionist terrorist groups. She decided on the spot to take them to her apartment and later moved them to her family home. She then proceeded to establish a charitable society to serve the needs of orphaned and destitute Palestinian children and called it The Home of the Arab Child. From humble beginnings, this society grew in the fifties and sixties to become a prominent national educational institution, which included nurseries, kindergartens, and preparatory and secondary educational levels; a secretarial school; an anti-illiteracy section; and a section to teach dressmaking and domestic management.
The Home of the Arab Child had its own bus, which Husseini used to ride to villages to collect orphans and bring them to her institution. At times, she would give shelter to both the mother and her orphaned children. To advance her educational and social effectiveness, Husseini attended the University of Hamburg in Germany for three successive years and for four continuous months each year during the period 1963–65.
Within the Home of the Arab Child, Husseini founded in 1960 a museum of Palestinian popular culture, which included valuable antiques, traditional craft instruments, and popular embroidered dresses from various regions of Palestine. She constantly added to the museum collections.
During the Israeli aggression of June 1967, Husseini transformed the Home of the Arab Child into a clinic to treat the wounded. But this did not save it from Israeli attack. The clinic was shelled and half of it was totally destroyed; it was rebuilt with assistance from the Norwegian Red Cross.
In 1982, the former house of the celebrated Palestinian man of letters Is‘af al-Nashashibi was bought and turned into the Is‘af al-Nashashibi Center for Culture, Arts and Literature. It was set up to be a research center for Islamic studies and an institute of higher studies. With the assistance of Dr. Ishaq Musa al-Husseini, Hind al-Husseini founded a library at the center which came to include thousands of books dealing with the Arab and Islamic heritage.
Also in 1982, and with the help of the Islamic Conference Organization, Husseini founded the Hind al-Husseini College of Arts for Girls, which, in 1995, merged with Al-Quds University in Abu Dis and awarded bachelor of arts degrees in literature. The college began with three principal departments: a social work department, an Arabic language and literature department, and an English language and literature department. Two other departments were added later: a history department and a department of elementary and kindergarten education.
In addition to her responsibilities at the Home of the Arab Child, Husseini was a member of several social and educational societies. She was a member of the board of trustees of Jerusalem University, the Maqasid Charitable Association, the Mercy to the Elderly Society, the Girl Refugee Society, and the Arab Orphan Society.
For her pioneering role in social work, Husseini was awarded several medals: a medal from Pope Paul VI when he visited Jerusalem in 1964, the honorary Italian medal Adelai Distori awarded to pioneering women in the world, the Jordanian Kawkab medal for education, and the First Class Medallion from Germany.
Hind al-Husseini died in Jerusalem and was buried there.
She is without doubt one of the most prominent pioneers of education and volunteer social service in Palestine and one of the most successful and effective. She devoted her entire life to the service of her people and homeland and to the care of orphans, children of martyrs, and the wretched.
In 2010, the Palestinian film director Sahira Derbas narrated (in her documentary I Had 138 Pounds) the story of Husseini’s limitless commitment to the cause of orphaned children. In his political film Miral, produced also in 2010, Julian Schnabel told parts of the story of Hind al-Husseini.
الحزماوي، محمد ماجد. "الدور الوطني للمرأة المقدسية 1920-1967". "عالم الفكر"، المجلد 38، العدد 4، أبريل- يونيو 2010، ص 209-238.
الحسيني شهيد، سيرين. "ذكريات من القدس" (ترجمة محمد براده). عمان- رام الله: دار الشروق، 2009.
دراغمة، عزت. "الحركة النسائية في فلسطين (1903-1990)". القدس: مكتب ضياء للدراسات، 1991.
عسلي شهابي، حنان. "المرأة الفلسطينية في عهد الانتداب". لارنكا: منشورات الرمال، 2016.
الفراني، عبد الحميد جمال وعوني محمد العلوي. "أعلام النساء الفلسطينيات". بيروت: دار العلوم العربية، 2013.
Husseini Shahid, Serene. Jerusalem Memories. Beirut: Naufal, 2000.
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Walter E. Little, The Conversation Walter E. Little, The Conversation
https://www.pbs.org/newshour/world/after-volcano-eruption-guatemalans-lead-their-own-disaster-recovery
After volcano eruption, Guatemalans lead their own disaster recovery
World Jun 23, 2018 3:40 PM EDT
The Fuego volcano puffs smoke against a clear blue sky, as it has done for centuries.
Here in Antigua, 10 miles away, people go about their daily business: Students rush to school; tourists snap shots of the UNESCO-protected city’s Spanish Colonial architecture and cobblestone streets.
Volcano hikes are still marketed as a popular tourist activity. Guatemala’s tourism board has even issued a press release reassuring tourists that Guatemala is safe.
“The government gives these numbers to look like it’s in control … We know they are lies. Thousands died and will never be found.” -rescue volunteer
That is not true for the tens of thousands of people who were caught by Fuego volcano’s recent eruption. On Sunday June 3, El Fuego turned violent, spewing columns of fire, ash and rocks – pyroclastic flows that billowed up some 15,000 feet before raining over the region.
Some 60 square miles of mountainous central Guatemala were blanketed in deadly 400-degree ash. Families having Sunday lunch in the communities of San Miguel Los Lotes and el Rodeo were buried in 10 feet of ash and volcanic rock.
Officially, 110 people died and 197 are missing.
We are an anthropologist-photojournalist team who lives in the area. After the eruption, we interviewed survivors and photographed the devastation. We have come to believe that official death toll is grossly underestimated.
Skeleton remains found buried at a house during a search are pictured at an area affected by the eruption of the Fuego volcano at El Rodeo in Escuintla, Guatemala June 6, 2018. Photo by Fabricio Alonzo/Reuters
Insufficient government response
According to the National Coordination for Disaster Reduction of Guatemala agency, the region now buried in dense, gray ash is home to more than 1.7 million people.
But no one knows how many people actually lived in the disaster zone.
Guatemala’s 2012 population census was cancelled for political reasons, so the last exhaustive door-to-door national census was conducted in 2002. That means population data from the affected areas is almost two decades old.
In that period, the country’s population has grown from 12.2 million to over 16 million, according to the World Bank.
Poor, rural communities like those on Fuego’s slopes are difficult to count accurately because they are remote and difficult to access. Census workers tend not to speak the indigenous languages that predominate in the Guatemala’s Mayan highlands.
In our interviews with victims of the Fuego eruption and the volunteers helping them, several people have complained that the Guatemalan government is reporting information they know to be inaccurate.
It estimates that 12,823 people were evacuated and 3,613 people placed in shelters. Weeks after the eruption, the official death toll remains at 110. Local residents insist it is much higher.
Eufemia Garcia, 48, who lost 50 members of her family during the eruption of the Fuego volcano, rests holding a shovel while searching for her family in San Miguel Los Lotes in Escuintla, Guatemala, June 15, 2018. Photo by Carlos Jasso/Reuters
“The government gives these numbers to look like it’s in control,” one rescue volunteer told us. “We know they are lies. Thousands died and will never be found.”
Since the eruption, rain has regularly fallen across Guatemala, hardening the volcanic ash into something resembling concrete. Unless the government sends dozens of workers with heavy equipment, bodies will likely remain entombed where they fell.
A fumbled rescue effort
The lack of up-to-date population information has made it even harder for Guatemala’s cash-strapped government to plan an effective, coordinated rescue and recovery mission.
President Jimmy Morales has declared that Guatemalan law doesn’t allow him to spend a penny of the national budget on emergencies. He has asked Congress for $26.7 million in emergency relief funds.
Considering that simply repairing the 10.5 miles of national highway RN14 destroyed in the eruption is estimated to cost $30 million, many Guatemalans say this budget is clearly insufficient.
Officially, the government’s disaster reduction agency is charged with coordinating evacuation, cleanup efforts and providing supplies to victims during any national emergency. National police officers and soldiers are now in place to guard the disaster zone to keep survivors and rescue workers out of the eruption zone.
But the larger rescue effort was mounted by people outside the government. Local volunteer firefighters and emergency workers entered the disaster zone to rescue victims from the hot ash and shuttle survivors to shelter. Social media and civil society organizations – including the academic Guatemala Scholars Network – have played a bigger coordinating role in local aid activities than Guatemala’s national disaster office.
Guatemala’s President Jimmy Morales (C) arrives to the National Coordinator of Disaster Reduction to address the media following an earthquake, in Guatemala City, Guatemala, June 14, 2017. Photo by Luis Echeverria/Reuters
Morales, an unpopular leader, was already enmeshed in a campaign finance scandal. His party is under investigation by a United Nations anti-corruption prosecutor.
Now, the Guatemalan press is skewering him for his ineptitude in responding to this national disaster.
People did not wait for the Guatemalan government to help after Fuego exploded.
On the Sunday of the eruption, La Merced Church, in Antigua – which was not affected by the volcano – rang its bells, calling parishioners to help the priests who were already loading trucks of supplies to help the victims. Church officials tell us they have sent an average of four trucks daily to shelters, full of collected food, clothing, medicine and other items.
Hangars at La Aurora International Airport, in Guatemala City, have become temporary storage for relief goods pouring in from private donors around the country. It is one of 21 donation centers where hundreds of volunteers bag and label food, clothing, medication, cleaning supplies and personal hygiene items. They are then driven to affected areas.
Volunteers in Antigua’s central plaza are accepting donations, too. They deliver food and medicine now. Other items they’re housing for later.
“The media will soon move on to something else, people here will grow weary and the government won’t do what it needs to do,” explained one woman receiving donations. “So we’re collecting anything and everything that is given and saving it for later.”
A delegation of volunteers lead by firemen from Antigua are making regular 34-mile trips to the ash-covered village of Paraíso El Xab, where people are now contending with poor air quality, water contamination and damage to crops. Eswin Cabrera, president of the town’s Community Council Development Organization, says unripened coffee beans will soon begin to rot.
The National Coffee Association estimates that the eruption destroyed 15 square miles of Guatemalan coffee fincas.
Coffee plants, covered in ash after the eruption of the Fuego volcano, are seen in El Rodeo, Guatemala June 5, 2018. Picture taken June 5, 2018. Photo by Jose Cabezas/Reuters
Accustomed to disaster
Neighbors helping neighbors is standard practice in Guatemala.
Guatemala has Latin America’s sixth-smallest economy, according to the World Bank, and one of the world’s highest crime rates. Almost 60 percent of people live below the poverty line.
Guatemalans know they cannot rely on the national government to provide. And they know how to handle natural disasters. Four of the 37 volcanoes in the country are active. Fuego has erupted some 60 times over the past 500 years, most recently in September 2012.
On June 17, Guatemala suspended its search for bodies and survivors. Local rescue workers, however, continue their grueling efforts.
Walter E. Little is a professor of anthropology at the University at Albany, State University of New York. Kerstin Sabene, a photojournalist currently based in Guatemala, also contributed to this article. This article by The Conversation was republished with permission. Read the original here.
Left: Walter Amilcar Garcia, 42, reacts as he visits his damaged house after the eruption of the Fuego volcano at El Rodeo in Escuintla, Guatemala June 6, 2018. Photo by Carlos Jasso/Reuters
Grim task as forensic experts ID Guatemala volcano victims
By Sonia Perez D., Associated Press
How to help victims of Guatemala’s Fuego volcano
By Jessica Villagomez
Immigrant families separated at the border still unsure when they’ll be reunited
By Will Weissert, Amy Taxin, Colleen Long, Associated Press
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Follow OSCE
National minority issues
#GLOBALGOALS - The OSCE and the Sustainable Development Goals
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Home Newsroom News and press releases Statement by Spokesperson of OSCE Special Monitoring Mission to Ukraine
OSCE Special Monitoring Mission to Ukraine
Statement by Spokesperson of OSCE Special Monitoring Mission to Ukraine
KYIV 21 September 2014
Media accreditation to OSCE events
OSCE Live
KYIV, 21 September, 2014 –We welcome the Memorandum of 19 September 2014 on concrete steps to be taken to de-escalate the situation in eastern Ukraine.
In keeping with the mandate entrusted to the OSCE Special Monitoring Mission to Ukraine (SMM) by all 57 OSCE participating States, the Mission will immediately and actively support the implementation and monitoring of this agreement.
Eighty SMM monitors are already in the region. These teams will be deployed out of the cities of Mariupol, Donetsk, Konstantinovka, Severodonetsk and Luhansk, to the areas of non use of weapons mentioned in paragraph five of the agreement. Their security and freedom of movement will be essential for them to do the work that has been entrusted to them.
De-escalation - including the silencing and withdrawal of weapons and clearing of mines and unexploded ordnance - is a vital first step.
We express our gratitude to the Special Representative of the OSCE Chairperson-in-Office, Ambassador Heidi Tagliavini, and the other members of the Trilateral Contact Group for their determination and commitment. We look forward to continuing working closely with them in the days and weeks ahead.
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Iyanya Finally Reveals Why He Left “Made Men Music” & How Time With Don Jazzy Healed Him
Nigerian singer and Kukere crooner, Iyanya has finally opened up about the reason he left Made Men Music and his partner Ubi Franklin whom he revealed betrayed his trust and broke him.
Speaking about the reason for his silence in an interview with The Juice on NdaniTV, Iyanya revealed that contrary to the popular belief people have come to accept that he sold his shares in Made Men Music, he didn’t do that rather he left because there was so much Darkness in the record label.
What people don’t know is, I didn’t sell my share. People see me and say oh. why did you sell your share? I didn’t sell my shares, I left Made Men at the time because there was so much darkness. In the midst of all the wings, I decided to let that go. Mavin was … shout out to Jazzy… Jazzy gave me that platform to put music out because I left Made Men and I didn’t want anything from Made Men, so Jazzy just said look, men, you’ve built something over the years and starting all over it’s not going to be as easy as you think, so just put out music from here and work on something. So people really thought I signed to Mavin but it wasn’t like a legal signing, it was just love. And then Temple Music came, when Temple music came, I love the vision, I love the dream and I was like Okay, let me try this. and that was when I released Up To Something, Hold On, I mean, Good Vibes. And after that, it was time for me to move, because I felt like I got to the point where I have to put out my own thing, have m,y own family, have my own team, me and Alex…
Going back to his time with Made Men Music, Iyanya explained what he meant as the “darkness” when referring to his time with the record label, Iyanya stated that in as much as he would prefer not to delve into that issue, he also believe that sometimes you have to clear the air and people need to hear the truth as it is. He said;
When I said it was darkness, I was not myself anymore because I felt like there was no trust anymore. Because at the time I was singing I co-owned Made Men with Ubi but I later realized that my name was not in any of the forms I signed… and I was broken… and that was the beginning of me just saying to hell with everything.” The hurt of being betrayed could still be felt in his voice as he looked like his mind went back to that time. He continued “To be honest, Mr. Amanju Pinnick was the one that brought us together because at that point, my spirit, my mind, my soul left the whole thing, at that point I was like I don’t care, I’m going to start all over, as long as I’m happy. as long as I’m in a good space to make music, I’m fine.
Speaking about his time with Mavin Records when Don jazzy took him in as a member of the Mavin family, Iyanya revealed that the relationship was pone he needed at that time because it came as a healing process for him after what he experienced with Ubi Franklin.
That was healing for me, that was the best time of whole situation I was in, that was the best moment because Jazzy just opened his family and said look, you’re one of us and everybody just showed me that love coz it came from Jazzy. So from Jazzy to Tiwa, to Baby Fresh to everybody, it was just love and that really gave me life because, to be honest with you, I was broken. Like I was broken!
Speaking of Ubi and if they’ve made amends to all that happened, Iyanya said he has confronted Ubi but he didn’t mention Ubi’s reaction or response to the confrontation, rather he stated that people still believe he was the one who wronged Ubi with questions like “Why you do that to your guy?” with more accusations like “after all the things he did for him (Iyanya), he left him for Temple.
Related:- Davido’s Girlfriend, Chioma, Flaunts Her Hot Body In Sexy Swimwear (See Photos)
Moving on, Iyanya revealed he hasn’t been quiet and he has an EP coming out soon, The Rebirth EP which will feature a lot of collaborations with industry mate and all he wants right now is to move on with life with no drama. The singer also revealed he has the intention to go into politics later in life to help the people of Calabar with his influence. is he in a relationship? Well, he didn’t reveal because he said everything that makes it to the public gets ruined by the public.
We wish the singer all the best and hope he resolves whatever issue he said might be lingering somewhere with Temple Music because he said the record label still hasn’t accepted his exit as they believe the time for his contract with them hasn’t expired.
Watch the interview below;
Tags: Don Jazzy, Entertainment, Iyanya
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[[missing key: search-facet.tree.open-section]] Armed forces and intelligence services (4)
[[missing key: search-facet.tree.open-section]] naval combatants (4)
naval officer (British navy) (4)
[[missing key: search-facet.tree.open-section]] Politics (1)
[[missing key: search-facet.tree.open-section]] parliamentary politicians (British Isles) (1)
member of parliament (1)
[[missing key: search-facet.tree.open-section]] Social welfare and reform (1)
[[missing key: search-facet.tree.open-section]] philanthropy, charity, and aid (1)
benefactor (1)
[[missing key: search-facet.tree.open-section]] Anglican (1)
Church of England (1)
[[missing key: search-facet.tree.open-section]] Quaker (4)
Quaker (other) (4)
naval combatants x
naval officer (British navy) x
Quaker x
Backhouse, Sir Roger Roland Charles (1878–1939), naval officer
Malcolm H. Murfett
Backhouse, Sir Roger Roland Charles (1878–1939), naval officer, was born on 24 November 1878 at The Rookery, Middleton Tyas, Yorkshire, the fourth son (a twin with his brother Miles) of Sir Jonathan Edmund Backhouse, first baronet (1849–1918), and member of a well-known Quaker banking family, and his wife, ...
Backhouse, Sir Roger Roland Charles (1878–1939)
Maker: Walter Stoneman
Sir Roger Roland Charles Backhouse (1878–1939) by Walter Stoneman, 1932 © National Portrait Gallery, London
Foster, Robert (1754–1827), naval officer and benefactor
Benjamin S. Beck
Foster, Robert (1754–1827), naval officer and benefactor, was born on 24 April 1754 in Lancaster, the eldest of the four children of Dodshon Foster (1730–1792), merchant, and his wife, Elizabeth, née Birket (1729–1766). He attended John Jenkinson's school at Yealand Conyers and the free school at ...
Wager, Sir Charles (1666–1743), naval officer and politician
Daniel A. Baugh
Wager, Sir Charles (1666–1743), naval officer and politician, was born at Rochester, Kent (not West Looe as is sometimes reported), after the death on 24 February 1666 of his father, Captain Charles Wager (b. 1630), who had started life as a boatswain in the merchant service and had become a lieutenant, then a captain, in the navy of the Commonwealth. His paternal grandfather was ...
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I can say that the time has come for the big E7 of Elife to enter the market and for some to become a successor. Over a year after the wait, phablet 2013 looks like there is a successor to the Gionee Elife E8, expected in the coming weeks. The new device has a large 6-inch screen and has a number of high-end features according to a listing on the Chinese regulator TENAA's website. He also buys the Gionee M6.
The new Gionee Elife E8 has a relatively thin profile with a thickness of 9.6 mm. Although the aspiration tablet is not very thick, it is somewhat cumbersome at 207 grams, partly due to the larger battery.
Gionee Elife E8 The Gionee Elife E7 includes an enhanced screen measuring 5.5 inches diagonally across the screen. The AMOLED panel has a quad HD resolution (2560 x 1440 pixels) compared to the Selefin's Full HD (1080p) resolution.
This tablet phone is not much different from its predecessor in the camera section. The Elife E8 looks like a 16 megapixel rear camera and the front patch is 8 megapixels, but GSMArena has reported that as a mistake, the main camera is specified as 8 megapixels.
The internal storage on the device is 32 GB and additional storage space of up to 128 GB can be added with the microSD card.
The Gionee Elife E8 will be equipped with an octa-core processor at 2GHz. The chipset model is not known, but given the speed and number of cores, it is likely that Qualcomm Snapdragon 810 is.
The chip is paired with 3 GB of RAM. Elife E8 works with Gionee's Amigo user interface, which is based on the Android 5.0 operating system (Lollipop). Fruit juice is supplied with 3520 mAh battery to operate the appliance.
One of the most important features of the Gionee Elife E8 is a fingerprint scanner, which is an accessory to a star device.
The Gionee Elife E8 is not yet available in Nigeria. In fact, the phone is not official yet and features above and below are not final. There is currently no data on prices and availability. If, in Nigeria, the Gionee Elife E8 Price is expected to range between N65,000 and N80,000, depending on the time you are in the country.
Camera: 24MP Processor Type: 2.0GHz octa-core CPU
Operating System: Android 5.1 Lollipop Ram: 3GB
Display Size: 6.0 inches, 1440 x 2560 pixels Memory: 64GB
4G LTE FDD-TLE 800 / 850 / 2100 / 1800 / 2600
Status Announced June 2015
4G LTE Up to 150 mbps downlink; Up to 50 mbps uplink
Colors Black & White
Type TFT capacitive touchscreen with 16,000,000 colors
Size 6.0 inches, 1440 x 2560 pixels, 490 pixels per inch (PPI)
Primary 24MP, up to 5632 x 4224-pixel pictures, optical image stabilization, autofocus, digital zoom, Geo-tagging, touch focus, face detection camera with LED flash
Secondary 8MP, up to 3264 x 2448-pixel pictures
OS Android 5.1 Lollipop; Amigo 3.1 UI
Processors 2.0GHz octa-core CPU, MediaTek Helio X10 MT6795M chipset, PowerVR G6200 GPU
Capacity 3500mAh Li-Ion battery (non removable)
Miscellaneous – SNS integration
– MP4/MPEG4/H.263/H.264 player
– MP3/WAV/eAAC+/AC3/FLAC player
– Image viewer
– Google Search, Whatsapp, Gmail,
Price in United States About 645 USD
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Product Speaker Bookshelf Speakers B&W 606 (Black Ash)
B&W :
606 (BLACK ASH)
Category : Bookshelf Speakers
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B&W 606 (Black Ash)
The largest standmount/bookshelf in the new range, the 606 delivers refined, room-filling sound, perfect for those who want power from a smaller speaker.
The 606 standmount loudspeaker in the new 600 Series from Bowers & Wilkins transforms your home with pristine sound. Whether it’s sitting on a bookshelf or stand, the 606 allows you to hear music the way it was supposed to be heard. Featuring our cutting-edge Continuum™ cone technology, the 606 creates a pure and precise soundscape. Developed over an eight-year period and first featured on our flagship 800 Series Diamond models, the Continuum cone has been integrated into the sixth generation of the critically acclaimed 606. But the new 606 speaker isn’t just about cleaner sound – it boasts a cleaner look, too. We removed grille pegs and replaced them with magnets, while moving the port to the rear cabinet, creating a modern and premium aesthetic perfect for surround sound in the living room or stereo listening at its finest. And now with matte finishes in black and white, they add a clean look to every room. Enjoy a beautiful sound session with the 606.
Technical features Decoupled Double Dome aluminium tweeter
Continuum cone bass/ midrange
Flowport™
Description 2-way vented-box system
Drive units 1x ø25mm (1 in) aluminium dome high-frequency
1x ø165mm (6.5 in) Continuum cone bass / midrange
Frequency range -6dB at 40Hz and 33kHz
Frequency response 52Hz - 28kHz ±3dB
Sensitivity 88dB spl (2.83Vrms, 1m)
Harmonic distortion 2nd and 3rd harmonics (90dB, 1m)
<1% 100Hz - 22kHz
<0.5% 150Hz - 20kHz
Nominal impedance 8Ω (minimum 3.7Ω)
Recommended amplifier power 30W - 120W into 8Ω on unclipped programme
Dimensions Height: 345mm (13.5 in)
Width: 190mm (7.5 in)
Depth: 300mm (11.8 in) cabinet only
Net weight 6.9kg (15.2 lb)
Finishes Black
Grille Black
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Gregory eyeing European Tour place
Scott Gregory. Picture: Habibur Rahman
Lewis Mason
Published: 18:09 Tuesday 06 November 2018
Scott Gregory has his sights firmly set on securing a place on the European Tour.
Gregory, 24, made it through the opening two rounds of European Q school to seal a spot in the final stage.
Getting under way at Lumine Golf Club, Spain, on November 10, the Corhampton Golf Club ace will be looking finish in the top 25 – securing a place on the European Tour for next season.
A former British Amateur Championship winner, Gregory now wants to fulfil a lifelong ambition and compete alongside the best players from around the globe on a regular basis.
He said: 'It would mean the world to me (to make it on the European Tour). It's been a dream of mine since I started playing golf, pretty much.
'To get out there on the European Tour, going to watch Wentworth as a kid, to be able to do things like that would be immense.
'I've just got to keep doing what I'm doing, keep plugging away.
'If I play the golf I know I can then there shouldn't be an issue, but obviously there are a lot of others things that can happen, I'm just going to give it my best shot and take it from there.'
No matter what happens in the European Q School final round, Gregory will have a place on the Challenge Tour next year.
But the Waterlooville ace does not want to settle on that once again.
Gregory competed at the US Open earlier this year but a wrist tendon injury made it a tough 2018 for him.
However, the 24-year-old wants to end what has been a difficult 12 months at times on a positive note.
He added: ‘I know at the very least I've got what I had this season, which is nice, but obviously I'd like to go and improve that.
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‘To get through the first two stages of Q School has been good and my game is in good shape.
'Things that have not been there recently have been helping me out in the last couple of days, like driving and things like that.
‘I had a wrist injury, which was basically like a sprain of the tendon. After the US Open I didn't play for about six or seven weeks and I've not really played much coming into this really.
‘My confidence is building and I'm felling good going into this week.'
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Man sentenced for home invasion
One of the two men accused of robbing an elderly Chester couple in their home at gunpoint pleaded guilty Wednesday in Crawford County Circuit Court to multiple felonies.
Sam Wesley Gypson, 21, of Chester pleaded guilty to aggravated robbery, aggravated residential robbery, three counts of theft of property, breaking or entering, felon in possession of a firearm and residential burglary.
Judge Gary R. Cottrell sentenced Gypson to 16 years in the Arkansas Department of Correction to be followed by a 20-year suspended prison sentence. He will pay $810 restitution once released.
Gypson and Collin Ray Holson, 18, also of Chester, are each charged with aggravated robbery, aggravated residential burglary, theft of a firearm, breaking or entering and misdemeanor theft of property. Gypson is also charged with being a felon in possession of a firearm.
The pair are accused of forcing their way into the home of Glen and Bernice Kimes, in the 100 block of East Front Street, at about 10 p.m. Dec. 17, holding the couple at gunpoint and demanding money and going through cabinets before they left, according to a Crawford County Sheriff’s Office report.
Glen Kimes gave the men $60 from his wallet before one of the men searched the house for more money and they left, taking the couple’s phone and telling them not to move for 30 minutes.
Kimes told investigators one man was armed with a pistol and the other a rifle, which Kimes recognized as a rifle he kept in his truck, according to the report.
Gypson and Holson were developed as suspects; both spoke with investigators Dec. 19, confessed to the robbery and implicated each other, according to the report.
Holson’s girlfriend, Katelyn Leigh Bradway, 18, of Alma, is charged with hindering apprehension for providing a phony alibi for the men and giving "false and misleading statements" to investigators, according to an arrest warrant affidavit.
She has pleaded not guilty and is free on a $3,000 bond.
Holson is being held on a $75,000 bond.
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Anne C Searle MBA
Anne C. Searle, MBA
Vice President and Chief Information Officer
Princeton Health
Anne C. Searle, MBA, is Vice President and Chief Information Officer (CIO) for Princeton Health. Ms. Searle is responsible for the operation and maintenance of current information technology (IT) systems as well as strategic and tactical planning for developing the next generation of healthcare informatics.
Ms. Searle joined Princeton Health in 2011 following eight years as Senior Vice President, CIO, at Holy Redeemer Health System in Huntingdon Valley, Pa., where she was responsible for strategic and tactical IT and supply chain planning and performance for the entire health system. During her tenure at Holy Redeemer, she enabled a wireless workforce and completed implementation of a product line that provided fully electronic medical records, clinical documentation, order management, physician order entry, and closed-loop medication management and administration.
Previously, Ms. Searle had served as Executive Vice President, Operations, at Medical Broadcasting Co. in Philadelphia, and as Vice President, Applications, Information Services, at Genesis Health Ventures in Kennett Square, Pa.
Ms. Searle began her career in healthcare IT as an account executive, hospital system consultant and project manager at Siemens Medical, an international healthcare software provider based in Malvern, Pa.
A graduate of La Salle University, with a bachelor’s degree in business administration in marketing, Ms. Searle earned her MBA at St. Joseph’s University in Philadelphia.
She is a member of the College of Health Information Management Executives and the Healthcare Information and Management Systems Society. She previously served as a board member for the Society of Information Managers, a member of the American College of Healthcare Executives, and on the La Salle University Technology Board. Ms. Searle and her husband, Roger, live in Thornton, PA.
Princeton Health Leadership
Barry S. Rabner
Janet L. Ready, RN, FACHE
Richard Wohl, MSW, MBA
Karyn Book, RN, MSN
James G. Demetriades, MBA
Steven R. Bergmann, MD, PhD
Jacqueline Kavouras, RN, MBA, FACHE, CPHQ
Nancy C. Fletcher, Esq.
Ching-Yi Liu, CPA
Christiane Schmidt
Carol Norris-Smith
Hyona Revere
Guilherme (Gui) Valladares, MBA
Barbara Yost, RN, BSN, MBA
100 Years of Care
Princeton Health News & Information
Vendors' Information
Information for Trustees
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Archive for category: Culture and propaganda
You are here: Home / The movement / Culture and propaganda
Culture and propaganda work, including mass agitation and education
An overview: current state of anti-imperialist propaganda
Culture and ideology, Culture and propaganda, General, The movement
https://www.prismm.net/wp-content/uploads/2017/02/pravda.jpg 530 374 prismm https://www.prismm.net/wp-content/uploads/2016/11/Logo-version-2-300x138.jpg prismm2016-03-25 07:20:542017-09-14 08:02:50An overview: current state of anti-imperialist propaganda
On the Imperialist Cultural Offensive
Culture and ideology, Culture and propaganda, The world
Editor’s note: This article by Juliet de Lima, “On the Imperialist Cultural Offensive,” was first delivered as her keynote for the Commission 14 Workshop of the Fifth International Assembly of the International League of Peoples’ Struggle (ILPS) on November 14, 2015.
https://www.prismm.net/wp-content/uploads/2015/11/massmedia.jpg 300 300 prismm https://www.prismm.net/wp-content/uploads/2016/11/Logo-version-2-300x138.jpg prismm2015-11-15 12:33:142017-10-09 21:39:23On the Imperialist Cultural Offensive
On the Second AGITPROP International Film Festival
Culture and ideology, Culture and propaganda, Other social sectors, The movement, The world
Editor’s note: This message of solidarity, dated 10 Nov 2015, was sent by Prof. Jose Ma. Sison, Chairperson of the International League of Peoples’ Struggle, to the organizers and participants of the 2nd AGITPROP International Film Festival on Peoples’ Struggles. The original post is accessible on the josemariasison.org website.
https://www.prismm.net/wp-content/uploads/2015/11/agitprop-poster-cropped.jpg 604 421 prismm https://www.prismm.net/wp-content/uploads/2016/11/Logo-version-2-300x138.jpg prismm2015-11-11 06:32:372017-10-07 18:27:11On the Second AGITPROP International Film Festival
Use all media outlets for anti-imperialist propaganda, activists urged
Culture and propaganda, News and articles
UTRECHT, The Netherlands—“Revolutionary forces should have a very positive attitude about the Internet as a powerful vehicle for mobilizing the masses,” Jose Ma. Sison said in a talk before fellow activists at a symposium on anti-imperialist organizing and propaganda held here on February 17.
Sison, chairperson of the International League of People’s Struggle (ILPS) and founding chairman of the Communist Party of the Philippines, compared today’s Internet with the railways a century ago. “The capitalists built and operated the railways to earn huge profits and to open up new frontiers for their businesses, that’s a given,” he noted.
But capitalists could not prevent determined revolutionaries, like Lenin’s Bolsheviks, from using the same railways “to transport the underground newspaper Iskra so it could reach thousands of workers.” Today’s revolutionaries should also maximize the Internet in the same way to mobilize the masses, Sison said. “There are always ways to go around restrictions,” he added. Read more
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In Command of History
Churchill Fighting and Writing the Second World War
Churchill fought the war twice over - as Prime Minister and again as its premier historian. In 1948-54 he published six volumes of memoirs which secured his reputation and shaped our understanding of the conflict to this day.
Using the drafts and correspondence for The Second World War, David Reynolds opens our eyes to Churchill the author and to the research 'syndicate' on whom he depended. We see how the memoirs were censored by Whitehall to conceal secrets such as the codebreakers at Bletchley Park, and how Churchill himself censored them to avoid offending current world leaders.
This book forces us to reconsider much received wisdom about the war and illuminates an unjustly neglected period of his life - the Second Wilderness Years of 1945-51, when Churchill, now over seventy, wrote himself into history, politicked himself back into Downing Street and delivered some of the most important speeches of his career.
America: Empire of Liberty
America, Empire of Liberty
America Empire Of Liberty
One World Divisible
David Reynolds is a Professor of International History at Cambridge University, and a Fellow of Christ's College. He was awarded the Wolfson Prize for History, 2004, and elected a Fellow of the British Academy in 2005. He has written and presented several history films for the BBC - among them the 2008 series Summits. His books include several on modern America and its relations with Europe. His fascination with the country dates back to a year living there as a student, culminating in an epic ten-week, 10,000 mile bus journey in the summer of 1974 which ended outside the White House on the morning Richard Nixon resigned. David has been a regular visitor to the United States ever since and has held visiting university appointments at Harvard, Nebraska and Oklahoma. America, Empire of Liberty, his book linked to the BBC Radio 4 series, was published by Penguin in 2009.
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Hispanics: A People in Motion
III. Hispanics in the Labor Force
Hispanics are the second-largest group of workers in the labor force behind whites. In the third quarter of 2004, there were 28 million Latinos of working age (16 or older). The number of working-age Latinos is nearly 3 million greater than the number of blacks and more than double the number of other minority groups.
Latinos are the most likely of all racial or ethnic groups to seek work. In the third quarter of 2004, 69.1% of Hispanics were either at work or actively seeking work. That is about 3 percentage points higher than the rate for whites and blacks. Of the Latinos in the labor market, 18.2 million are employed and the remaining 1.3 million are unemployed. That translates into an unemployment rate of 6.8% in the third quarter of 2004, which is higher than the unemployment rate of 4.3% among whites but lower than the 10.9% rate among blacks. Despite a relatively high unemployment rate, the employment-to-population ratio shows that 64.3% of the Latino working-age population is gainfully employed. That is higher than the proportion for any other racial or ethnic group.
The prominence of Latinos in the labor market is relatively new. As recently as 1980, there were only 6.1 million Hispanics in the labor force. Their rapid growth saw them overtake the black labor force in the late 1990s. This growth was driven by immigration, as more than one half of the Latino labor force is foreign born. The Hispanic labor force is expected to continue growing at a fast pace and to expand by nearly 10 million workers between now and 2020.
Assuming that current trends persist, future growth of the Hispanic labor force will be driven less by immigration and more by the children of immigrants. Between 2004 and 2020, immigration is expected to add 2.7 million Hispanic workers, but the second generation of Latinos is projected to contribute almost double that number. The overall increase in the Latino work force will constitute about one half of the total increase in the U.S. labor force.
These trends have kept the Hispanic labor force relatively young. One half of the Hispanic labor force is under 35 years old, compared with just over one third of the non-Hispanic labor force. Latino workers also lag in education. Thirty six percent of Hispanic workers lack a high school degree compared with fewer than 9% of non- Hispanic workers. At the other end of the educational spectrum, non-Hispanic workers are nearly three times as likely to have a college degree.
The youth and education level of Hispanic workers translates into a concentration in relatively low-skill jobs. Latinos account for more than 30% of workers in private household services and about 20% of workers in construction, agriculture, forestry and fishing, nondurable manufacturing, and eating, drinking and lodging services.
Looking at occupations, Latinos have very low representation in high-skill occupations such as architecture and engineering, legal, computer and mathematical science, health care, and life, physical and social sciences. Hispanic representation in these occupations hovers in the range of 5%. On the other hand, Latinos make up 40% of employment in farming, fishing and forestry.
The unemployment rate — a key indicator of labor market outcomes — reveals that Latinos have fared better than blacks but not as well as whites. The record economic expansion of the 1990s was especially beneficial to foreign-born Hispanics, whose unemployment rate fell to 5.1% in 2000 from 9.3% in 1995. Other groups also benefited during this time but not by as much. The 2001 recession rolled back the gains for all workers, and more than 2 million workers in all, including 300,000 Hispanic workers, joined the ranks of the unemployed that year. Signs of a recovery in the job market first appeared in mid-2003. Among Latinos, immigrants again led the way, gaining more than 630,000 jobs in 2003, compared with a gain of less than 75,000 by the native-born. The unemployment rate for foreign-born Hispanics is now at 6.4%, while for native-born Hispanics it remains above 8%.
Another important indicator — the median weekly wage — shows that foreign-born Latinos earn the least of all workers in the labor force. Reflecting, among other things, their lower level of education, lack of labormarket experience and immigration status, foreign-born Latinos earn about $200 per week less than whites. The median earnings of native-born Hispanics and blacks are virtually identical and fall in the middle of the wage spectrum, roughly $125 per week less than the earnings of whites. Earning growth has been slow for all groups, especially since the recession, and the earning gaps have not narrowed since 1995.
The poverty rate fell steadily between 1995 and 2001, but it increased for all groups following the 2001 recession. Currently, 22.5% of Latinos are living below the poverty line, compared with 24.4% of blacks and only 8.2% of whites.
Low wealth is characteristic of minority communities. In 2002, Hispanic households had a slightly higher median level of wealth than black households, but less than 10 cents for every dollar in wealth owned by white households.
Notwithstanding their low earnings and wealth, foreign-born Latinos remit income to their countries of origin with great frequency. A Pew Hispanic Center and Inter-American Development Bank study shows that over 40% of adult, foreign-born Hispanics — about 6 million people — sent remittances on a regular basis in 2003. Two thirds of those remitted money at least one a month.
The remittances benefit significant shares of the adult populations in the receiving countries. In the five countries studied, anywhere from 14% of the adult population (in Ecuador) to 28% of the adult population (in El Salvador) received remittances in 2003.
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Complete Report PDF
2002 National Survey of Latinos Dataset
II. Demographics
IV. Hispanics in Schools and Colleges
V. Assimilation and Attitudes
InteractivesJun 12, 2019
Unauthorized immigrant population trends for states, birth countries and regions
InteractivesJun 3, 2019
Facts on U.S. Immigrants, 2017
Pew Research CenterJun 3, 2019
Hispanic/Latino Demographics
Hispanic/Latino Identity
National Survey of Latinos
Economics and Personal Finances
National and Cultural Identity
School Enrollment
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The Grand National Treasure
Posted by Roy Case | Apr 6, 2019 | General | 0
Historic accounts suggest it was the Romans who first brought the thrill of horse racing to our shores. Now readily accessible to all sections of society, it is recognised as the second biggest spectator sport and one of Britain’s favourite pastimes,. Royalty has consistently demonstrated its affection for the sport, with race horses frequently being presented to them as gifts. To this day it remains known as the ‘Sport of Kings’.
Britain is home to some of the world’s most important flat and steeplechase race meetings. The Cheltenham Festival is ranked the foremost National Hunt racing festival, hosting events such as the Cheltenham Gold Cup and the Champion Hurdle. However, the most popular and widely known individual race is the Grand National. A National Hunt race held annually, shortly after the Cheltenham Festival, over the famous Aintree Racecourse in Liverpool. But it is more than just another steeplechase, for it has produced some of the sports equine superstars.
First run in 1839, the original concept of the Grand National was a race for gentlemen riders, who were not paid to compete, although many of the riders who weighed in for the earlier races were hired professionals. A handicap steeplechase, run over 4 miles 514 yards [6.907 km], in which the horses jump a total of 30 fences, over two laps of the track. The National boasts one of the longest run-ins of any steeplechase, at 494 yards [452m], during which many potential winners have had victory snatched from them.
One of the most bizarre incidents ever witnessed in the event’s history, occurred in the run-in of the 1956 Grand National, when Devon Loch, owned by Queen Elizabeth, the Queen Mother, having cleared the final fence five lengths ahead of the field, inexplicably half-jumped into the air, and collapsed in a ‘belly-flop’ on the turf, forty yards short of certain victory. Despite the valiant efforts of the jockey Dick Francis, Devon Loch was unable to recover and complete the race, leaving ESB to cross the finishing line in first place.
With a prize fund of over £1 million, it is recognised as the most valuable jump race in Europe, with upwards of 600 million people estimated to tune in to the Grand National each year, many of which normally never watch, or gamble, on horse racing at any other time.
The Queen Mother at the Grand National
Devon Loch
In February, 1836 the first of three unofficial selling races known as the Grand Liverpool Steeplechase, was held over the Aintree course. The race was run over a course almost identical to the current Grand National course. The fences were earth banks, no more than 2 feet [0.61 m] high, with a number of gates, hedges and ditches marked with flags along the way, to identify them as obstacles to be jumped, and posts and rails were erected at specific points indicating where the runners were to jump a brook. The inaugural race, the forerunner to what subsequently has become known as the Grand National, attracted a field of just ten runners, and was won by a length, by The Duke, in a time of 20 minutes 10 seconds. Ridden by former soldier Captain Martin Becher [1797-1864], in whose memory the notorious obstacle Becher’s Brook is named.
The 2/1 favourite Laurie Todd, ridden by Horatio Powell, became the first horse ever to fall in the race, when it fell at a gate which had been nailed shut.
Just four horses lined up for the start of the race the following year, which The Duke won again this time in a time of 14 minutes. And in 1838, only three horses started the race, with The Duke, again ridden by Captain Becher, coming in third, behind the winner Sir William, ridden by Irish jockey, Allen McDonough, who usually wore a black scarf when riding.
There still remains much debate regarding the date of the first official Grand National, since fading memories and the passing of time, resulted in the three earlier races remaining forgotten for over a century. Aintree still regard these races as being unworthy of Grand National status, and continue to recognise them only as unofficial events. However, compelling evidence, unearthed in early newspaper reports, place the races run between 1836-1838 as being held over the course at Aintree, and not at nearby Maghull as was first imagined. Consequently, leading historians now concur the first National was run in 1836.
The race was transformed from a small local occasion to a national affair with the arrival of the railway in Liverpool around 1839, significantly improving transportation to and from the course. Furthermore, the Great St. Albans Chase, which had previously clashed with the Aintree steeplechase, was abandoned, leaving a gap in the racing calendar. These factors, coupled with the formation of an organising committee, led to a more highly publicised race, resulting in a larger field of top quality horses and riders, increasing the number of spectators attending on race day.
The starting line for the first official Grand National was near the Melling Road, and the runners were required to race over partially ploughed fields and jump a number of obstacles which included a series of natural banks, plain fences, a stone wall and two brooks. The race was won by the Cambridgeshire jockey, ‘Jem’ Mason, on the brown bay Lottery, which it was claimed could trot faster than most of his rivals could gallop. Trained by, George Dockeray, who after retiring as a jockey, trained horses from stables in Epsom, Surrey. His training success included the first-ever Grand National winner, and three further National winners Jerry [1840, Gaylad [1842] and Miss Mowbray [1852].
The Aintree course over which the National is now run was founded on land leased from William Molyneux, the 2nd Earl of Sefton, by William Lynn, the proprietor of the Waterloo Hotel. By the 1840s, Lynn’s enthusiasm for Aintree was curtailed through ill-health, and Edward Topham, a prominent member of Lynn’s earlier syndicate, took over the land lease in 1848.
A century later, the Topham family bought the course outright, and Mirabel Topham was appointed to take over its management. Described as ‘the greatest dictator in British racing’, the former Gaiety Girl became one of Aintree’s legendary characters.
Mirabel Topham
Among the initiatives she introduced was the construction of a motor racing track within the course, which played host to several Grand Prix events. Stirling Moss won his first British Grand Prix at Aintree in 1955, and was again victorious in 1957 and 1959. The last British Grand Prix race held at Aintree was in 1962.
In her later years Mirabel took to running most of her business from her bed,
‘These days I think it’s wise’, she said. ‘I say to the staff, they do the doings, I do the thinking’.
Eventually Mirabel ended the Topham association with the race course, when in 1973 she sold it to property developer Bill Davies, although the family continued to live at their home within the grounds.
Davies tripled admission prices for the 1975 National, resulting in the attendance being the smallest in living memory. Shortly afterwards, the bookmaker Ladbrokes, signed an agreement with Davies which allowed them to take over the management of the National.
From 1984 to 1991 the Canadian distiller, Seagram, sponsored the National, got rid of Davies, and provided a sound foundation for the event’s revival. Coincidentally, the last Seagram-sponsored National was won by a horse named Seagram, prior to the subsidiary company, Martell, taking over the sponsorship in a £4 million deal, which ran for seven years.
In 2005 John Smith’s took over as main sponsors, and the following year launched the John Smith’s People’s Race, which gave members of the public the opportunity to ride in a flat race at Aintree on Grand National day. The event was discontinued in 2010.
In 2013, the alcoholic ginger beer producer Crabbie’s, signed a three-year deal to become the new sponsor of the Grand National, and in the next year the race was run for a record purse of £1 million.
And finally, in 2016, it was announced Randox Health would become the official partners of the Grand National festival, for a period of five years. However, the appointment of Randox Health was seen by many as somewhat controversial, since Aintree’s chairwoman, Rose Paterson, was the wife of Owen Paterson, a Conservative Member of Parliament for North Shropshire, who was reputed as earning a substantial annual consultancy fee working for Randox Health.
For three years during the First World War, Aintree Racecourse was commandeered by the War Office, and alternative races were run over a disused course on land now occupied by Gatwick Airport. The first of these races, held in 1916, was called the Racecourse Association Steeplechase, and the two held in 1917 and 1918, were called the War National Steeplechase. Not always recognised as a Grand National, the results are often omitted from the list of winners.
The 1928 Grand National is also noteworthy, since before the race, a close friend of William Dutton, the rider on Tipperary Tim, is said to have remarked, ‘Billy boy, you’ll only win if all the others fall down !’ A prophesy which turned out to be true. With the riders setting off in misty weather conditions, with the going very heavy, 41 of the 42 starters came to grief and fell during the course of the race. Only two riders completed the course, after Tommy Cullinan, the jockey riding Billy Barton, managed to remount after a fall and complete the race. Tipperary Tim came in first at outside odds of 100/1.
Although the Grand National was run as usual in 1940, the appropriation of the Aintree Racecourse in 1941 for defence use during World War II, meant Grand National events could not be held from 1941-1945.
The course over which the National is now run features much larger fences than those found on other conventional National Hunt tracks. Consequently, the death of horses competing in the Grand National is documented as being higher than the average number of fatalities. Resulting in some animal rights groups campaigning to have the race modified, or even abolished.
There are 16 fences on the National Course, 14 of which are jumped twice, with The Chair and the Water Jump both avoided on the final lap. A number of the fences have become renowned in the world of steeple chasing, which when combined with the overall distance of the event, are said to create
‘the ultimate test of horse and rider’.
Amongst the number are:
Bechers Brook – Fence 6 and 22
Height: 5 feet {1.52m}
A popular vantage point for spectators as presents one of the most spectacular displays of jumping. It takes its name from Captain Martin Becher, who fell there in the 1936 National, and took shelter in the small brook running along the landing side of the fence. It is alleged Becher later reflected,
‘Water tastes disgusting without the benefits of whisky’.
Foinavon – Fence 7 and 23
Height: 4 feet 6 inches {1.37m}
One of the smallest fences on the course, it was named in 1984, after the rank-outsider Foinavon, which had been lagging some 100 yards behind the pack, avoided a pile-up at the fence, and went on to win the 1967 National at odds of 100/1.
The Canal Turn – Fence 8 and 24
Noted for the sharp right-angled turn immediately after landing, it was not uncommon in the earlier races, for loose horses to continue straight ahead after the jump and end up in the Leeds and Liverpool canal.
Valentine’s – Fence 9 & 25
Height: 5 feet {1.52m}, with a 5 ft 6 in. {1.68m} brook
Originally known as the Second Brook, it was renamed after a horse named Valentine was reputed to have jumped the fence hind legs first in 1840
The Chair – Fence 15
Originally known as the Monument Jump, this fence claimed the only human life in the National’s history, when in 1862, Joe Wynne, fell and died from his injuries.
The Water Jump – Fence 16
Height: 2 feet 6 inches {0.76 m}
Originally a stone wall, the Water Jump is one of the great jumping spectacles and most popular jumps on the course.
During the 1950s the Grand National was dominated by Vincent O’Brien, the Irish race horse trainer from County Cork, who trained different winners of the race for three consecutive years from 1953-1955. Early Mist secured O’Brien’s first victory in 1953, Royal Tan won in 1954, and Quare Times completed the hat-trick in 1955.
In 1975, the introduction of the Sex Discrimination Act made it possible for female jockeys to enter the race. Charlotte Brew holds the distinction of being the first woman to ride in the Grand National in 1977, on the 200/1 outsider Barony Fort, which fell at the fourth-to-last fence. The distinction of being the first woman to complete the race went to Geraldine Rees five years later in 1982. Geraldine was given the opportunity to compete in the National when she was offered the ride on Gordon’s Lad. Unfortunately it went lame just before the race and was withdrawn. Not to be outdone, Geraldine tried to buy an entered horse at auction, but was outbid. And just when she thought all was lost, the new owners, who did not have a jockey booked for the race, decided to invite Geraldine to run in the National riding Cheers. On the big day Cheers cleared the final fence well behind the rest of the field, having used up all his stamina it faltered on the run in and finished in last place.
During this period the legendary Red Rum, the most successful racehorse in Grand National history, was breaking all records. Originally bought as a yearling in 1966 for 400 guineas [£420], Red Rum passed through various training yards before being bought for 6,000 guineas [£6,300] by Ginger McCain on behalf of Noel le Mare. Two days after the purchase, while trotting on Southport beach, McCain noticed Red Rum appeared lame, and was subsequently diagnosed as suffering from an inflammatory bone disorder. McCain had frequently seen lame carthorses being restored to health by galloping in the sea, and successfully used this treatment on his newly acquired racehorse. Red Rum remains the only horse to have won the Grand National three times, in 1973, 1974 and 1977, finishing in second place in the two intervening years of 1975 and 1976.
Ginger McCain returned to the Grand National in 2004, 31 years after Red Rum’s epic first of three wins, when Amberleigh House, ridden by Graham Lee, came home first, and McCain equalled George Dockeray and Fred Rimmel’s record of training four Grand National winners.
Red Rum with Ginger McCain
In 1979, the jockey Bob Champion had been diagnosed with testicular cancer, and given only months to live. But by 1981 he was passed fit to ride in the Grand National, and saddled up on Aldaniti, a deprived chestnut gelding, which had only recently recovered from chronic leg problems. Despite a poor start, the pair went on to win the race by four-and-a-half lengths, and Champion and Aldaniti were instantly propelled to celebrity status. Within two years, their story had been re-created in the film Champions.
Bob Champion
The BBC’s leading horse racing commentator, Sir Peter O’Sullevan CBE, who called home the winners of 50 Grand Nationals from 1947, labelled the 1993 National as ‘the greatest disaster in the history of the Grand National’. The result was declared void after a series of incidents, including one jockey managing to get tangled up in the starting tape while under starter’s orders. Following which, due to a misunderstanding between course officials, a false start was declared, with 30 of the 39 riders, failing to realise this, began the race. Course officials tried to halt the runners by waving red flags, but many of the jockeys continued to race, believing the officials were part of a group of protesters which had earlier invaded the course. Seven horses completed the course, the first home being Esha Ness, trained by Jenny Pitman OBE, and ridden by John White. Jenny Pitman became the first woman to train a National winner in 1983 with Corbiere.
Four years later, the 1997 Grand National was postponed for 48 hours after two coded bomb threats were received from the Provisional Irish Republican Army. Now known informally as the Monday National, it was the 150th official anniversary of the event. Jockeys, race personnel, 60,000 spectators, and local residents were evacuated from the course by the police. Leaving around 20,000 spectators unable to access their cars and coaches over the following weekend, which were being held secure inside the course. Local residents came to the rescue and took in stranded punters, as limited hotel accommodation was available in the vicinity. The following day tabloid newspaper headlines parodied one of Sir Winston Churchill’s famous war-time speeches, ‘We’ll fight them on the Becher’s’. When the race was finally run on the following Monday, the organisers provided free admission. In the end the race was won by 25 lengths by Lord Gyllene at odds of 14/1. In the saddle was the Northern Irish jockey, Tony Dobbin, who won over 1,200 races during his career.
Who could possibly have imagined the first National held in 1836, would be destined to become the biggest event in the National Hunt racing calendar. More than three-dozen runners and riders will line up to compete for the £1 million prize. They will be joined by millions of eager enthusiasts of the Grand National, scattered around the entire world. Gripped by the spectacle of the planet’s most iconic horse racing event.
Article © Roy Case
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Roy Case
Roy Case was born in Nottinghamshire at the start of the Second World War. He retired from work at the age of 55 in order to devote his time to his true passion for sport. In 1982 he founded the McGregor Trophy, which was later adopted by England Golf, as the English Boys [Under 16] Open Amateur Stroke-play Championship. Case was presented with the Gerald Micklem Award for outstanding service to amateur golf in the Millennium year, and was elected President of England Golf in 2008. A keen follower of cricket, he is a member of the Nottinghamshire County Cricket Club and the Association of Cricket Statisticians and Historians.
Amateur Hour
The Secrets of the First Olympic Torch Relay
When Buffalo Bill and the American ‘Wild West’ came to The Potteries in 1891
Parents are Important Too!
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On This Day in Sport & Leisure History ~ 31st Dec 2018-6th Jan 2019
Posted by Margaret Roberts | Dec 31, 2018 | This Week in Sport & Leisure History | 0
On this day in 1917 British athlete Harry Askew was born. After winning the long jump at the 1937 Oxbridge Sports, Harold came third in 1938 and second in 1939. In 1939 he also won the UAU title and was second at the AAA Championships, and the winner of the Oxford/Cambridge vs. Harvard/Yale meet with 23-10½ft (7.28m), all four of his jumps being over 23-0ft (7.01m). The major part of his international career came after World War II and in 1949, after an interval of 10 years, he improved his personal best by half-an-inch. After coming third in three post-war AAA Championships (1946-47, 49), he won the title in 1950. He died on 31st October 1986 aged 68.
The former Surrey and England cricket captain Peter May was born in 1929. May later became chairman of the England selectors.
Speed ace Sir Malcom Campbell died on this day in 1943 aged 62.
Today in 1945 saw the first post-war century (112) by Don Bradman in a match between South Africa and the Australian Services.
The former French rugby union flanker and captain Jean-Pierre Rives was born today in 1952. He played for Toulouse and RCF and represented his country 59 times between 1979 and 1984. He captained the side for a then record 34 times during the period.
Today in 1964, Donald, the son of Sir Donald Campbell (see above), broke the world water speed record becoming the first man to break the world land and water speed records in the same year. He reached an average speed of 276.33mph (444.71km/h) in his speedboat, Bluebird, this afternoon on Lake Dumbleyung in Perth, Western Australia. The feat shatters his previous world record of 260.35mph (418.99km/h) at Lake Coniston, Cumbria, in 1959. Campbell had been trying to realise his record-breaking attempt for months at various locations in Australia. Each time he was frustrated. The weather at his first choice of location, Lake Bonney in South Australia, proved too unpredictable. Then, he moved to Lake Dumbleyung, near Perth, on 16 December, only to be delayed by wild ducks which could not fly away because they were moulting. The weather was the next setback, as persistent easterly winds raised waves up to 2ft (61cm) high, making any attempt impossible. With time running out for him to achieve his goal of breaking both speed records in the same year, he began considering a move to a third lake just south of Perth. Then suddenly, on the last possible day, the winds eased and the lake became flat calm. Conditions were rated 95% suitable, and the chief mechanic, Leo Villa, radioed to Mr Campbell, “I think it’s worth a try – let’s go, skipper!” Several hundred people gathered on the shores of the lake to watch, among them Mr Campbell’s wife, Tonia Bern. When she heard that he had done it, she dived into the lake and swam out to embrace him as he brought Bluebird in. Mr Campbell broke the land speed record in July on Lake Eyre salt flat in central Australia, with a speed of 403.1mph (648.72km/h). However, the record was short-lived: on 27 October an American, Art Arfon, drove his jet car across Bonneville Salt Flats in Utah at an average speed of 536.71mph (863.75km/h).
The London Eye, the world’s largest Ferris wheel opened by the banks of the Thames this day in 1999.
Belgian cyclist Raymond Impanis died on this day in 2010 aged 85. He won Paris–Roubaix, the Tour of Flanders, Gent–Wevelgem and three stages in Tour de France. He has been made an honorary citizen of the town of Kampenhout.
Young Donald Campbell with father Malcolm
Raymond Impanis
1st January
Today in 1788, The Times, London’s oldest running newspaper publishes its first edition.
Pierre de Frédy, Baron de Coubertinwas born on this day in 1863. A French educator and historian and founder of the International Olympic Committee. He is considered the father of the modern Olympic Games. Born into a French aristocratic family, he became an academic and studied a broad range of topics, most notably education and history. The Pierre de Coubertin medal (also known as the Coubertin medal or the True Spirit of Sportsmanship medal) is an award given by the International Olympic Committee to athletes that demonstrate the spirit of sportsmanship in the Olympic Games. An all-round sportsman he also was a top-class rugby referee and in 1906 took charge of France’s first international on home soil.
British competitive sailor Walter Riggs was born on this day in 1877. He won silver at the 1924 Paris Olympics in the Mixed 8m event. He died aged 74 on 10th November 1951.
In 1910 France were beaten 49-14 (59-16 on present day scoring) by Wales at Swansea, the then biggest win in the rugby union international championship, William Bancroft kicked a record nine goals for Wales.
When Sunderland and Aston Villa met a Roker Park in this day in 1953 they became the first two Football League clubs to play each other for the 100th time in the League, the teams drew 2-2.
In the 1965 honours list Stanley Matthews became the first footballer to receive a knighthood.
Melaine Walker, Jamaican 400 metres hurdler was born today in 1983, she is the former Olympic 400m hurdles champion. She holds the Olympic record of 52.64s, set at the 2008 Beijing Olympics, and her time of 52.42s at the 2009 World Championships in Berlinis the second fastest time in history
In the 1989 New Year’s honours Eric Bristow became the first darts player to receive an honour – the MBE.
Aleksandr Popov swam a world record time for the 100m freestyle (short course) in 1994, the time of 47.83s which seems almost pedestrian now as the current WR is 44.94s held by Frenchman Amaury Leveaux from 2008.
Helen Newington Wills, also known as Helen Wills Moody and Helen Wills Roark, American tennis player passed away today in 1998 at the age of 92. She became famous around the world for holding the top position in women’s tennis for a total of nine years: 1927–33, 1935 and 1938. She won 31 Grand Slam tournament titles (singles, women’s doubles, and mixed doubles) during her career, including 19 singles titles. Wills was the first American woman athlete to become a global celebrity, making friends with royalty and film stars despite her preference to stay out of the limelight. She was admired for her graceful physique and for her fluid motion. She was part of a new tennis fashion, playing in knee-length pleated skirts rather than the longer ones of her predecessors. Unusually, she practiced against men to hone her craft, and she played a relentless game, wearing down her female opponents with power and accuracy. In 1933 she beat the 8th-ranked male player in an exhibition match. Her record of eight wins at Wimbledon was not surpassed until 1990 when Martina Navratilova won nine. She was said to be “arguably the most dominant tennis player of the 20th century” and has been called, by many, as the greatest female player in history.
Today in 2002 the Euro became the official currency for most of continental Europe.
Melaine Walker
Helen Wills Moody
The first Test match hat-trick by Australia’s Fred Spofforth happened in 1879 – against Lord Harris’s England at the MCG. He dismissed Vernon Royle, Francis MacKinnon and Tom Emmett in three successive deliveries. This was the highlight of a brilliant bowling performance which brought him 13 wickets for 110 runs.
Lillian Leitzel, German acrobat and strong-woman, was born today in 1892. She performed for the Ringling Brothers and Barnum and Bailey Circus. Her father was a Hungarian army officer and theatre performer and her mother a Czech circus acrobat, although well-educated and prepared to follow a career as a concert pianist, she joined her mother’s acrobatic circus group, the Leamy Ladies. On February 13 1931, during a live performance in Copenhagen ,she fell to the ground from her rigging when the swivel that held the rope in place fractured and snapped. She was rushed to hospital by unfortunately died two days later, aged 39.
In 1930 Jim Dyet playing for the non defunt King’s Park scored eight goals against Forfar in a Scottish second-division match. It was Dyet’s League debut and a one-time British League record, King’s Park ran out 12-2 winners.
In 1939, a crowd of 118,567 watched Rangers play Celtic, which was the then biggest gate for a football game in Britain.
However the corresponding fixture in 1971 produced one of the worst disasters in British sporting history. Sixty-six football supporters were killed and 145 injured when a crush barriers collapsed at the Ibrox Park stadium in Glasgow. Initial reports suggested the tragedy, which happened on stairway 13 of the stadium, and was caused when hundreds of Rangers fans started to leave the match early believing Celtic had won. Jimmy Johnstone had scored for Celtic with just a minute to go, but Colin Stein scored an equalising goal for Rangers during injury time causing a huge roar to erupt inside the stadium. According to eye-witnesses, fans attempting to get back up the stairs after hearing the roar collided head-on with those coming down the stairs. A public inquiry later discounted the initial version of events and it is now believed the crush was caused simply by the downward force of so many supporters leaving at the same time. The momentum of the crowd meant that once people started to fall, there was no way of holding the mass of bodies back. The disaster remains the worst in the history of Scottish football and is surpassed only by the Hillsborough tragedy in British football.
The Test debut of Shane Warne, vs India at Sydney took place in 1992
The Japanese golfer Yoshiro Hayashi died today in 2012 aged 89. He turned pro at the age of 16 and continued with 12 post-war wins. Hayashi was considered one of the big top four Japanese golfers along with Isao Aoki, Masashi Ozaki and Akiko Fukushima.
Also passing away on this day but in 2015 was Derek Minter, English former Grand Prix motorcycle and short-circuit road racer. A versatile rider, he rode a variety of machinery between 1955 and 1967 at increasing levels of expertise and in varying capacities and classes. His best season was in 1958 when he finished the year in fifth place in the 500cc world championship. In 1960, Minter won the North West 200 race in Northern Ireland. In 1962, he won the Isle of Man 250cc Lightweight TT.
Jean Vuarnet, French alpine ski racer, who was born on 18th January 1933, died today in 2017, he was 83 years of age. An Olympic gold medallist at the 1960 Winter Olympics in Squaw Valley, where he won the gold medal in the downhill. Previously, he had won bronze in the same event at the World Championships in 1958 at Bad Gastein. From 1957 to 1959, he won seven titles as a French skiing champion: twice in the downhill (1958, 1959), slalom (1957, 1958) and alpine combined, and in the giant slalom (1957). He finished third in the slalom and the alpine combined in the “Kandahar” at Sestriere in 1956. He was not selected for the Olympic team in 1956.
Jean Vuarnet
Lillian Leitzel
Born today in 1861 was the English tennis player William Renshaw, a former World number 1 he was active during the late 19th century. He won 12 Major titles during his career and was one of the most successful male players in the history of the Wimbledon Championships, winning the singles seven times, this stood as a record in the Gentleman’s singles along with Pete Sampras until 2017 when Roger Federer won his 8th title and a record six times consecutively from (1881–86). Additionally he won the doubles title five times together with his brother Ernest. The right-hander was known for his power and technical ability which put him ahead of competition at the time. He was the first president of the British Lawn Tennis Association.
One of America’s top sportsmen, ice hockey player Bobby Hull, was born in 1939. Twice winner of the coveted Hart Trophy, he scored 610 goals in the NHL and in his 1600th game in 1978 he scored his 1000th point. No man to that point had scored 1000 points in so few games.
Scottish rugby union international Gavin Hastings was born on this day in 1962. He has played for Watsonians, London Scottish, Cambridge University, Scotland and the British and Irish Lions and was one of the outstanding rugby union players of his generation, winning 61 caps for Scotland, 20 of which as captain. He played fullback, and captained the Lions on the tour to New Zealand in 1993 (after playing in all three tests in the 1989 tour to Australia).
Michael Schumacherwas born today in 1969, the German racing driver is a seven-time Formula OneWorld Champion and is widely regarded as one of the greatest Formula One drivers of all time. He was named Laureus World Sportsman of the Year twice. He won two titles with Benetton in 1994 and 1995 before moving to Ferrari where he drove for eleven years. His time with Ferrari yielded five consecutive titles between 2000 and 2004. In December 2013, Schumacher suffered a serious head injury while skiing. He was airlifted to a hospital and placed in a medically induced coma, having suffered a traumatic brain injury. He was in the coma for six months from 29 December 2013 until 16 June 2014. He left the hospital in Grenoble for further rehabilitation at the University Hospital (CHUV) in Lausanne. In September 2014, Schumacher was relocated to his home where he continues to receive medical treatment and rehabilitation privately.
In the 1972 Australian Open Ken Rosewall beat Malcolm Anderson (7-6, 6-3, 7-5) and Virginia Wade had the better of Evonne Goolagong (6-4, 6-4).
Sarah Clarke, who represented GB at Judo in 3 Olympic Games (2004, 2008 and 2012) was born on this day in 1978
In 1983, playing for Manchester United Liam O’Brady was sent off after just 85 seconds, the quickest dismissal in the 1st division (now the Premier League).
In 1992, Martin Offiah became the most valuable player in rugby league history when he joined Wigan from Widnes for a world record £440,000.
Choi Yo-sam, Korean world boxing champion died today in 2008. On 25th December 2007, he successfully defended the WBO Intercontinental flyweight title with a unanimous decision victory over Heri Amol. In the 12th round, Choi was dropped with five seconds remaining, but beat the count and went on to win the fight. He collapsed while still in the ring after the bout and was rushed to hospital immediately after the fight in order to undergo emergency brain surgery. Choi was pronounced brain-dead on January 2 and died on January 3 when he was removed from a ventilator. His organs were donated to six patients with approval from his family. This action led the South Korean Government to award Choi with a medal.
William Renshaw
Choi Yo-sam
British Alec Olneywas born today in 1922, a long distance and cross country runner he made his debut in the 1947 season, where he finished fifth in the National Cross-country Championships before representing England at the International Cross-Country Championship in Belgium, where he finished sixth and was the highest placed British runner. Turning to the track, he won the 3 miles in the Kinnaird Trophy meeting at Chiswick, and also the Middlesex title, before finishing second in the AAA 3 miles. He made his International debut for Great Britain against France that same year. In the winter of 1947-48, he won the Thames Valley Harriers and Middlesex County cross-country titles before devoting more time to track work over the remaining winter months under the watchful eye of Sydney Wooderson, in readiness for the forthcoming Olympics. He dropped down to one mile for the 1948 Kinnaird Cup meeting and won the race on the tape, with Roger Bannister coming fourth in what was his first Kinnaird Cup race. He finished second again at the AAA, this time to Dutchman, Wim Slijkhuis, who would go on to take bronze at the Olympics. Olney was one of the favourites to qualify for the Olympic 5000m final at the White City, but he disappointed by finishing seventh in his heat. The following season he won the Southern Counties Cross-Country title before finishing third in the AAA 3 miles. In 1950 he finished second in the National Cross-Country Championship and represented England at the International Championship, finishing seventh. On the track he won the Kinnaird 3 miles and represented Great Britain at the European Championships in Belgium. He came close once again to that elusive AAA title but had to settle for another second place. In 1951, England, with Olney on the team, took first place in the International Cross-Country Championship, and that same year he retained his Kinnaird 3 miles title and in his final AAA, finished fifth. Later in his career he turned to road racing with his club Thames Valley Harriers, including participation in the coveted London-to-Brighton relay. He died at the age of 95 on 25th April 2017.
Former world heavyweight boxing champion Floyd Patterson was born in 1935. The Olympic middleweight champion of 1952, Patterson defeated Archie Moore in 1956 for the heavyweight title left vacant by Rocky Marciano’s retirement, becoming the youngest holder of the title at that time. Patterson lost the title to Ingemar Johansson in 1959, but defeated the Swede a year later to become the first man to regain the title.
At Twickenham in 1936, Alexander Obolensky, the son of a Russian prince, on his debut for England, scored two tries, one of which has been dubbed the finest try ever witnessed at the ground when he raced 50yards (46m0 diagonally across the pitch, beating several All Blacks along the way. The final score was 13-0 and was the first time England had beaten the New Zealand side, in a game which became known as ‘Obolensky’s Match’. The “Obolensky Lecture” is given annually on the subject of rugby, and at Twickenham there is a suite named Obolensky’sin his honour.
New Zealand squash champion Susan Devoy was born on this day in 1964. World champion four times, she also won the British Open title seven years in succession, 1984-90.
Dot Jones, American actress and retired athlete was born today in 1964. She attended California State University, Fresno, where she set records for shot putt. Jones is also a 15-time world arm wrestling champion. She was a recurring guest star starting in the second season of the musical television series Glee as Coach Beiste, and appeared through the show’s sixth and final season, when she was promoted to starring status. She was nominated for the Primetime Emmy Award for Outstanding Guest Actress in a Comedy Series in 2011, 2012, and 2013 for her portrayal of Coach Beiste.
In 1967 Donald Campbell, son of Sir Malcolm Campbell, died on Coniston Water in the Lake District while attempting to break the world water speed record in His aging craft somersaulted after hitting the wake from the first run.
The 1982 England v Australia rugby international at Twickenham got more publicity than it bargained for when Erika Roe made her ‘debut’, much to the amusement of the packed crowd and millions more watching on television.
In 1991 12-year-old Fu Mingxia of China won the women’s world platform diving title to become, at that time, the youngest world champion in any sport.
On this day in 2000 the first British women walk across Antarctica to the South Pole arrived safely, more than two months after starting their record breaking journey. Catherine Hartley said she was “absolutely elated” to have completed the trek, which saw her nine-strong group cover 680 miles (1,094 km) while withstanding temperatures as low as -48C. Fellow walkers Fiona Thornewill and her husband Mike won another record by becoming the first married couple to achieve the feat. The expedition left London on 21 October 1999 for Punta Arenas in southern Chile, flying on to Patriot Hills near the Antarctic coast.
Susan Devoy
Dot Jones
Born on this day in 1882 was Britain first woman racing driver – Dorothy Elizabeth Levitt, She was holder of the world’s first water speed record, the women’s world land speed record holder, and an author. She was a pioneer of female independence and female motoring, and taught Queen Alexandra and the Royal Princesses how to drive. In 1905 she established the record for the longest drive achieved by a lady driver by driving a De Dion-Bouton from London to Liverpool and back over two days, receiving the soubriquets in the press of the Fastest Girl on Earth, and the Champion Lady Motorist of the World. Levitt’s career reflected that of several of her contemporaries with a meteoric rise to prominence before abruptly vanishing from public engagements and her life after 1910 is undocumented. She was found dead in her bed at 50 Upper Baker Street on 17 May 1922 in Marylebone according to Probate granted on 27 September 1922. The death certificate named her as Dorothy Elizabeth Levi, unmarried, and stated that “the cause of death was morphine poisoning while suffering from heart disease and an attack of measles. The inquest recorded a verdict of misadventure.
The former Manchester United footballer Bill Foulkes was born on this day in 1932. He was a member of the team that beat Portuguese club Benfica in the final of the 1968 European Champions’ Cup.
Also playing that day, for Benfica, was Eusebio, who was born on the same day but in European Footballer of the Year in 1965 and the man behind the Portugal’s rise to the top of world football in the 1960s, he helped to establish Benfica as one of the best clubs in Europe. He collected a European Champions’ Cup winners’ medal in 1962,but was three times on the losing side.
Patrik Sjöberg,former Swedish high jumper and previous world record holder was born in With 2.42 metres (7 ft 11.3 in), he holds the Swedish as well as the European record in men’s high jump. His 1987 world record 2.42m – set in Stockholm on 30 June 1987 – is the fourth best in history, and only Javier Sotomayor and Mutaz Essa Barshim have achieved a higher jump. Sjöberg is also a two-time world indoor record holder with marks of 2.38 m (1985) and 2.41 m (1987). Sjöberg has a gold medal from the World Championships in Rome 1987 and has 3 Olympic medals. Two silver medals from Los Angeles 1984 and Barcelona 1992 and one bronze medal from Seoul 1988. Sjöberg is the only high jumper that has won medals from more than two Olympic Games.
Today in 1971, Australia and England met in the first one day cricket international at Melbourne.
On this day in 1992 Ravi Shastri scored 206 at SCG before being Warne’s first cricket Test wicket.
In 2015 the tomb of Egyptian queen, Khentakawess III, was discovered by a team of Czech archaeologists; the queen lived during the Fifth Dynasty and was likely the wife of Pharaoh Neferefre
Dorothy Levitt
Patrik Sjöberg
In 1930 cricketer Don Bradman scored a world record 452 not out while playing for New South Wales against Queensland. His innings surpassed Bill Ponsford’s old record of 437 runs. Stockport County beat Halifax Town 13-0 in a third-divisor (North) game
in In 1946 Newcastle United beat Newport County by the same score and those both remain in the record book as the biggest winning margin in Football League history.
One of football’s greatest managers, Herbert Chapman, died this day in 1934. He guided both Huddersfield and Arsenal to a hat-trick apiece of League championships in the 1920s and 30s.
Several well-known sports personalities share this birth date: former Tottenham Hotspur chief executive Terry Venables was born in 1943.
Former Welsh rugby international Barry John was born in 1945
Indian cricketer Kapil Dev was born in 1959
Former English international rugby player and coach of the England team Clive Woodward was born in 1956.
A year later in 1957, the American golfer Nancy Lopez was born.
In 1963 the Kenyan world champion 10,000m runner Paul Kipkoech was born.
On this day in 1994 Nancy Kerrigan gained considerable fame beyond the skating world when she was clubbed in the right knee with a police baton by Shane Stant after a practice session at the U.S. Figure Skating Championships in Detroit, an assault planned by rival Tonya Harding’s ex-husband Jeff Gillooly and co-conspirator Shawn Eckardt. The incident became known as The Whack Heard Round the World. Some of the attack and its aftermath, which took place in a corridor at Cobo Arena, were caught on camera and broadcast around the world, particularly the now-famous footage of attendants helping Kerrigan as she grabbed at her knee wailing: “Why, why, why?” Although Kerrigan’s injury forced her to withdraw from the US Championships, her rivals agreed that she merited one of the two spots on the Olympic team. The USFSA chose to name her to the Olympic team rather than second-place finisher Michelle Kwan. Kerrigan recovered quickly from her knee injury and resumed her intensive training. She practiced by doing complete back-to-back double runs-through of her programs, until she felt completely confident in her ability to compete under pressure. The fame she had acquired from the attack led to further professional opportunities; it was reported that she had already signed contracts for $9.5 million before the Olympics began.
Irish professional golfer Christy O’Connor Jnr passed away today in 2016. He turned professional in 1967. The European Tour officially began in 1972, and O’Connor made the top hundred on the Order of Merit in each of its first twenty-one seasons, with a best ranking of seventh in 1975. He won four European Tour events. As a senior he has competed on both the European Seniors Tour and the U.S. based Champions Tour, and has won two Senior British Open titles (before it became one of the senior majors) and two Champions Tour events. In 1992 O’Connor won the Dunhill British Masters at Woburn, his fourth and final European Tour victory, with scores of 71, 67, 66, 66. A weather-interrupted tournament meant that 36 holes had to be played on Sunday. At 44 years, O’Connor was the oldest player in the field. O’Connor played in the Ryder Cup twice. In 1975 he was a member of a losing Great Britain & Ireland team and in 1989 he was part of a European team which tied the match to retain the trophy. His personal record was one win, three losses and no ties. His win over Fred Couples was best remembered for a stunning 2 iron shot on the last hole at The Belfry which he left just 4 feet from the hole. O’Connor was also active in golf course design, being involved in the design of at least 18 courses in Ireland, and many more abroad.
Christy O’Connor Jnr
PreviousThe Revill Family and the Pantomime in Late Victorian Stockport – Part 3
NextThe Revill Family and the Pantomime in Late Victorian Stockport – Part 4
On This Week – 12th December 2016
On This Week in Sport History ~ 1900-1910
On This Week in Sport History – Boxing
On This Week in Sport History – Tennis
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Vrede Dairy Farm: ANC corruption being protected by PP – Mmusi Maimane
Mmusi Maimane |
DA leader says Busisiwe Mkhwebane's answering affidavit is an embarrassing cop-out
Vrede Dairy Farm: ANC corruption being protected by the Public Protector
The Public Protector, Busisiwe Mkhwebane’s Answering Affidavit to the DA’s legal challenge to her Vrede Dairy Farm report is an embarrassing cop-out as it attempts to explain the failure to hold to account the political principals who designed and orchestrated this R220 milion Gupta-linked scandal. It appears from this 79-page affidavit that she is hellbent on protecting ANC corruption, showing she is unfit to hold the Office of the Public Protector.
In the Answering Affidavit, Mkhwebane blames her predecessor, Adv Thuli Madonsela; her office’s current lack of budget; and the limits of her official mandate and jurisdiction as excuses for her report ignoring the roles played by Ace Magashule and Mosebenzi Zwane. The DA’s initial complaint contained a submission that the project originated in the Office of then Premier of the Free State, Ace Magashule, and then MEC for Agriculture, Mosebenzi Zwane – and therefore these political actors ought to be investigated.
It is highly suspicious that after an almost four-year investigation into the Vrede Dairy Project, Adv. Mkhwebane found only that the Free State Department of Agriculture contravened the prescripts of the Public Finance Management Act (PFMA). There is no effort shown to probe the true corruption at the heart of the Vrede scam, and to hold those responsible to account.
Furthermore, the affidavit claims that the media reports implicating Magashule and Zwane with the Guptas preceded her appointment, or came to light after the investigation was already completed. This argument is flawed, as the position of Public Protector is cited as respondent and not the individual personally, on her own version. Accordingly, such considerations are immaterial, as the position of Public Protector was filled at all times and remains responsible, regardless of the person who was in that position.
As the reports stands, Ace Magashule and Mosebenzi Zwane get off unscathed in what was a scheme that they conceived, planned and executed - along with the Guptas - to defraud the public of hundreds of millions of rands. The remedial action recommended in the report proposes to discipline the implicated officials but she makes no recommendations whatsoever on the action to be taken against the political principals - one of which is now the Secretary-General of the ANC.
When I accompanied the intended beneficiaries of this project to a meeting with the Public Protector at her offices in December last year, she promised to act in good faith and to conduct a comprehensive investigation. It appears that this promise has been reneged on.
The intended beneficiaries of the Vrede Dairy Farm project deserve nothing less than full political accountability and swift criminal prosecutions of the corrupt thieves behind this project. The Public Protector’s report does not come close to offering this.
That is why the DA has taken the report on legal review, and the matter is set to be heard on 23 and 24 October 2018. We have full confidence in the courts to come to a finding that brings justice to the people of Vrede.
Issued by Mmusi Maimane, Leader of the Democratic Alliance, 18 June 2018
Youth at Fort Hare ready to embrace new future - Mmusi Maimane
Youth can't put their faith in ANC govt - Mmusi Maimane
DA-led WCape has created 487 000 jobs – Mmusi Maimane
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TMG GT86 Cup: interesting facts and figures from the 5th season
Toyota Swiss Racing set the fastest race lap in 2017
International field with drivers from 11 nations in the TOYOTA one-make cup
TOYOTA Motorsport GmbH plans to reinforce its customer motorsport activities in 2018
The fifth season of the TMG GT86 Cup has just ended with the overall victory and successful title defence by the Toyota Swiss Racing team – with some interesting numbers. The champions completed the fastest lap of the season, in 9mins 41.865secs, in seventh round of the TOYOTA Motorsport GmbH (TMG) one-make cup. Over the 24.358 kilometre circuit, made up of most of the Grand Prix circuit and the Nürburgring Nordschleife with its total of 73 corners, this corresponds to an average speed of 150.703 km/h. The fastest race of the year was round four in July. The winners, Milltek Racing, completed 24 laps, including yellow flag phases and three mandatory pit stops, at an average of 140.867 km/h through the “Green Hell”.
Heavy work also means a long-distance season for the pit crews. The mechanics of Toyota Swiss Racing, for example, completed a total of 31 stops for refuelling in which around 1410 litres of fuel were added to their GT86 CS-Cup car. With numerous tyre and driver changes, they proved that motorsport is a team sport and pit crew contributed to the success of their drivers. On their way to the championship title, the two Swiss drivers Manuel Amweg and Frédéric Yerly in car #535 changed gear around 21,900 times, using the manual h-pattern gearbox in the CS-Cup. This season the tyres from series supplier Pirelli rotated an astonishing 2,700,565 times.
In addition to the technical numbers, the international field was also shows impressive variety, which has always been a hallmark of the Cup. This year, 35 drivers from 11 different nations started the season, including the US, New Zealand and Russia. Overall, the TMG GT86 Cup starters completed 29,668 kilometres in the nine races of the season.
In motorsport, the end f one season is the beginning of the next. True to this motto, TMG has long been preparing for the motorsport year 2018. There, the activities in customer motorsport will be strengthened and combined into a new competition.
Unlike the TMG GT86 Cup, which was successfully launched in 2013, a new competition is designed to give all TMG customers the opportunity to get involved, regardless of the series in which they operate their TMG car. A detailed scoring system will provide all competitors the same conditions and chance to succeed. The rules and technical requirements of each respective series will be used so technical regulations by TMG will no longer exist. More details and information will be announced soon.
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The Manhattan Transfer – Tickets – Rams Head On Stage – Annapolis, MD – November 7th, 2019
The Manhattan Transfer
Thu, November 7, 2019
https://www.ramsheadonstage.com/event/1873342/
Riding a wave of nostalgia in the '70s, the Manhattan Transfer resurrected jazz trends from boogie-woogie to bop to vocalese in a slick setting. Originally formed in 1969, the quartet recorded several albums of jazz standards as well as much material closer to R&B/pop. Still, they were easily the most popular jazz vocal group of their era, and the most talented of any since the heyday of Lambert, Hendricks & Ross during the early '60s.
Beginning with their first performances in the early 1970s, THE MANHATTAN TRANSFER have become the cornerstones of contemporary music. Originally launched by Tim Hauser in 1969, Hauser, Alan Paul, Janis Siegel and Laurel Masse were the group by 1972. Cheryl Bentyne joined the group in 1979 after Laurel Masse left. Known for their amazing harmony and versatility, incorporating pop, jazz, R&B, rock and roll, swing, symphonic, and a cappella music, the group was signed by the legendary Ahmet Ertegun to Atlantic Records. The group made their recording debut with their self-titled album in 1975. Known primarily as an East Coast cult act, they expanded their following by starring in their own 1975 CBS-TV variety series as a summer replacement for the Cher Bono Show. Starting as an underground group in New York City, The Manhattan Transfer garnered international popularity when “Chanson D’Amour” from the 1976 Coming Out album became a number one hit in Europe.
One of the co-writers on The Junction – the group’s new album which draws inspiration in part from The Transfer’s classic 1975 version of Glenn Miller’s “Tuxedo Junction” — is the group’s new member, bass vocalist Trist Curless. Curless began subbing on the road for the late band founder Tim Hauser in 2013, officially joining after Hauser’s passing in late 2014.
Annapolis, MD, 21401
http://www.ramsheadonstage.com/
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