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__label__cc	0.69633	0.30367	HomeBooksEntrepreneurship Project Finance in Theory and Practice: Designing, Structuring, and Financing Private and Public Projects by Stefano Gatti 496 pages12 hours This book presents comprehensive coverage of project finance in Europe and North America. The Second Edition features two new case studies, all new pedagogical supplements including end-of-chapter questions and answers, and insights into the recent market downturn. The author provides a complete description of the ways a project finance deal can be organized - from industrial, legal, and financial standpoints - and the alternatives available for funding it. After reviewing recent advances in project finance theory, he provides illustrations and case studies. At key points Gatti brings in other project finance experts who share their specialized knowledge on the legal issues and the role of advisors in project finance deals. Forword by William Megginson, Professor and Rainbolt Chair in Finance, Price College of Business, The University of Oklahoma Comprehensive coverage of theory and practice of project finance as it is practiced today in Europe and North America Website contains interactive spreadsheets so that readers can input data and run and compare various scenarios, including up to the minute treatment of the cutting-edge areas of PPPs and the new problems raised by Basel II related to credit risk measurement Publisher: Academic PressReleased: Aug 2, 2012ISBN: 9780124157538Format: book DIY Generation: Specialised Field DIY Generation Starting A Home Business On A Budget As A Working Mom Shutdown Highlights That Many Americans Don't Have Enough Saved For A Rainy Day Monitor Of The Monetary World 4 Ways to Solve Your Money Problems Without Fighting With Your Spouse Many Families May Need Months to Recover From the Shutdown Budget Afterthought: Big Hug To The Middle Class An effective way to detect a Budget’s underlying message is by tracking moments during the Finance Minister’s (FM) speech when the Opposition’s murmur becomes an incessant wail — the day of Budget 2019 was no different. In the end, the present govern Budget Afterthought Gail MarksJarvis: As Open Enrollment Approaches, Here's How to Pick the Right Health-Savings Account Gail MarksJarvis Manage Your Home Economics as If You Are Running a Business, and Watch Your Savings Grow The Bank of England governor will be among the first responders if there’s a Brexit-induced calamity This or That Car? Choosing the Right Car for Your Family • Another Blockbuster for Disney? Walt Disney reports second-quarter earnings on May 8. It’s been a busy few months for the entertainment giant, with its integration of most of 21st Century Fox, the introduction of a streaming service, and the blowo 09 There Were No Jobs For The Class Of ’08. Krystle Champagne-Norwood HOWARD UNIVERSITY / B.A., RADIO, TELEVISION, AND FILM “I was taking any kind of gig I could get so that I could stay in the industry and feel like my degree wasn’t a waste. 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However, those that are ‘bitsas’ and not investment grade are losing some value and will st Surviving Your Customer Breakup The Talk Before Moving In Together Millennials are waiting longer than previous generations to get married, but that doesn't mean we're navigating our finances solo. About 30% of millennials are married, and about 15% of people age 25 to 34 live with an unmarried partner, according to Details Emerge Of Las Vegas Shooter's Real Estate Gambles Too Little Too Late WELCOME TO FOREIGN POLICY’S 10TH ANNUAL SPECIAL EDITION OF GLOBAL THINKERS. A decade ago, in launching the series, FP’s then-editors wrote: “In a year of worldwide economic crisis and dangerous wars, of radical innovation and newfound realpolitik, st Ask Our Architect Q We have a Victorian cottage in Carlton in Melbourne. We’ve paid it off but it needs an upgrade. Given its age (1880s) we’re worried about the budget increasing if we start renovating. Do you have any tips on dealing with these old buildings? Is it • THE WAY WE WORK NOW MAKING ENDS MEET IN THE SHARING ECONOMY Most sharing-economy workers make under $500 a month from such jobs, according to data collected by consumer-lending startup Earnest. That paltry sum reflects how many people are just da Its Not Enough IoW Steam Railway Manager Peter Vail To Stand Down ISLE of Wight Steam Railway general manager Peter Vail is to retire after 14 years in the job. It was believed that Peter is one of the longest-serving general managers in the sector. He was appointed to the railway following a mid-Nineties crisi Who’s Picking up the Education Tab? Project Finance in Theory and Practice - Stefano Gatti Preface to the Second Edition Preface to the First Edition Scannapiecos Foreword About the Author and the Contributors Chapter 1. Introduction to the Theory and Practice of Project Finance 1.1 What is Project Finance? 1.2 Why Do Sponsors Use Project Finance? 1.3 Who Are the Sponsors of a Project Finance Deal? 1.4 Overview of the Features of Project Finance 1.5 The Theory of Project Finance Chapter 2. The Market for Project Finance: Applications and Sectors 2.1 Historical Evolution of Project Finance and Market Segments 2.2 The Global Project Finance Market 2.3 The Evolution of the PPP Market Chapter 3. Project Characteristics, Risk Analysis, and Risk Management 3.1 Identifying Project Risks 3.2 Risk Allocation with Contracts Stipulated by the SPV 3.3 Summary of the Risk Management Process Chapter 4. The Role of Advisors in a Project Finance Deal 4.1 The Role of Legal Advisors in Project Finance Deals 4.2 The Role of the Independent Engineer in Project Finance Deals 4.3 The Role of Insurance Advisors and Insurance Companies in Project Finance Deals Chapter 5. Valuing the Project and Project Cash Flow Analysis 5.1 Analysis of Operating Cash Flows and Their Behavior in Different Project Life Cycle Phases 5.2 Defining the Optimal Capital Structure for the Deal 5.3 Cover Ratios 5.4 Sensitivity Analysis and Scenario Analysis Chapter 6. Financing the Deal 6.1 Advisory and Arranging Activities for Project Finance Funding 6.2 Other Roles in Syndicated Loans 6.3 Fee Structure 6.4 International Financial Institutions and Multilateral Banks 6.5 Bilateral Agencies: Developmental Agencies and Export Credit Agencies (ECAs) 6.6 Other Financial Intermediaries Involved in Project Finance 6.7 Funding Options: Equity 6.8 Funding Options: Mezzanine Financing and Subordinated Debt 6.9 Funding Options: Senior Debt 6.10 Project Leasing 6.11 Project Bonds Chapter 7. Legal Aspects of Project Finance 7.1 The Project Company 7.2 The Contract Structure 7.3 Refinancing Project Finance Deals Chapter 8. Credit Risk in Project Finance Transactions 8.1 The Basel Committee’s Position on Structured Finance Transactions (Specialized Lending) 8.2 Rating Criteria for Specialized Lending and Their Application to Project Finance 8.3 Rating Grade Slotting Criteria of the Basel Committee and Rating Agency Practices 8.4 The Basel Accord and the Treatment of Credit Risk for Project Finance Loans: Is Project Finance More Risky Than Corporate Loans? 8.5 Empirical Studies on Project Finance Defaults and Recovery Rates 8.6 Introduction to the Concepts of Expected Loss, Unexpected Loss, and Value at Risk 8.7 Defining Default for Project Finance Deals 8.8 Modeling the Project Cash Flows 8.9 Estimating Value at Risk through Simulations 8.10 Defining Project Value in the Event of Default CASE STUDY 1: Cogeneration 1 CASE STUDY 2: Italy Water System CASE STUDY 3: Quezon Power Ltd. Co. CASE STUDY 4: Milan Metro Line 5 APPENDIX: The Structure and Functioning of the Simulation Model A1 Breakdown of the Financial Model Academic Press is an imprint of Elsevier 225 Wyman Street, Waltham, MA 02451, USA 525 B Street, Suite 1800, San Diego, California 92101-4495, USA 84 Theobald’s Road, London WC1X 8RR, UK © 2013 Elsevier Inc. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from the publisher. Details on how to seek permission, further information about the Publisher’s permissions policies and our arrangements with organizations such as the Copyright Clearance Center and the Copyright Licensing Agency, can be found at our website: www.elsevier.com/permissions. This book and the individual contributions contained in it are protected under copyright by the Publisher (other than as may be noted herein). Knowledge and best practice in this field are constantly changing. As new research and experience broaden our understanding, changes in research methods, professional practices, or medical treatment may become necessary. Practitioners and researchers must always rely on their own experience and knowledge in evaluating and using any information, methods, compounds, or experiments described herein. In using such information or methods they should be mindful of their own safety and the safety of others, including parties for whom they have a professional responsibility. To the fullest extent of the law, neither the Publisher nor the authors, contributors, or editors, assume any liability for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions, or ideas contained in the material herein. Gatti, Stefano, 1967- Project finance in theory and practice : designing, structuring, and financing private and public projects / Stefano Gatti. — 2nd ed. ISBN 978-0-12-391946-5 (alk. paper) 1. Public works—Finance. 2. Construction industry—Capital investments. I. Title. HD3857.G38 2012 658.15—dc23 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. For information on all Academic Press publications visit our website at http://store.elsevier.com Printed in the United States of America 13 14 15 16 9 8 7 6 5 4 3 2 1 The first edition of this book was published at the end of 2007, with its preface dating back to June 2007. At that time, financial markets worldwide were at their peaks in most of the segments of financial intermediation. The growth was sustained by a very long period of expansive monetary policy by the Federal Reserve, with very low levels of real interest rates, growth of equity indices and prices, expansion in the real estate and credit markets, and an increased use of a new generation of increasingly complex asset-backed securities and structured debt products. In Europe, many columnists were criticizing the more conservative policy of the European Central Bank and its excessive attention to inflationary pressures rather than economic growth. In this favorable environment, the syndicated loans market and project finance reached their unsurpassed peaks in 2007. The syndicated loans market registered around 4.5 trillion U.S. dollars, of which around 5% was represented by project finance. We all know what happened after 2007. With the bankruptcy of Lehman Brothers, the whole economic system started a period of prolonged recession and of overall weak macroeconomic performance compared to the previous decade. The massive interventions put in place by the central banks and in particular the extraordinary quantitative easing actions by the Federal Reserve attempted to restore normalized market conditions. After 2009, the United States began showing signs of recovery. However, the financial crisis had already spilled over from the private sector (the financial sector) to public deficits. The more recent crisis of the sovereign debt in peripheral countries in Europe (Portugal, Italy, Ireland, Greece, and Spain, or the PIIGS, as they are frequently labeled) has plunged Europe into a double-dip recession, and the credit crunch determined by the need for bank recapitalization has strongly reduced the commitment to lend by the banking system. Some of the intermediaries that in the first part of 2000 were very active in the syndicated loans and project finance markets have almost completely withdrawn from this business. The market recorded a remarkable downturn from around 4.5 trillion US dollars in 2007 to 3.6 trillion US dollars at the end of 2011 (with a dramatic bottom in 2009 at 1.5 trillion US dollars). The declining trend was mirrored in the project finance market, with figures falling from around 220 billion US dollars in 2007 to a bottom of 138 billion US dollars in 2009. In 2011, the market for project finance loans returned to the pre-crisis period with a value of about 214 billion US dollars. This changed landscape has radically modified the way to approach a project finance deal and the deal structuring. This holds true for project sponsors, banks, investors in infrastructures, project bondholders, and public authorities. The second edition starts exactly where the first stopped. Although the fundamentals of project finance remain unchanged, the process that leads to the financing is now very different from what was depicted in the first edition. Almost all the chapters have been influenced by the new macroeconomic scenario, and all of them include specific references as to how the recent financial turmoil has affected the business. This new edition includes several new or revised sections. I want to summarize the most relevant. Chapter 1 includes a new, expanded section dedicated to the emerging role of infrastructure funds as equity providers to special-purpose vehicles (SPVs). While in the past, the ownership of an SPV was almost exclusively represented by industrial or public sponsors, nowadays industrial developers are looking with increasing interest at the opportunities offered by specialized investors in infrastructure. After a pause in growth between 2008 and 2009, the flow of funds invested by infrastructure funds has almost recovered to the level of the peaks recorded in 2007. Chapter 2 has been revised and now includes updated time series on the market trends for project finance and public-private partnerships (PPPs). Chapter 4 has been expanded in the section dedicated to the monoline insurers. Before the financial crisis, these intermediaries boosted the growth of the securitization market, providing convenient credit enhancement with their high ratings. The collapse of Lehman Brothers spurred a chain reaction of downgrades and bankruptcies of these monoliners. The wrapped bonds market (for asset-backed securities [ABS], but also for project finance) is now almost inexistent. Chapter 6 is probably the chapter that has been modified the most. The sections relative to multilateral banks and export credit agencies (ECAs) have been updated with the inclusion of the new lines of products made available in response to the financial turmoil. Special sections have been included to explain how the new methods of syndication (club deals) work and why the crisis has forced banks to propose new ways to amortize long-term loans (mini perm structures) to project sponsors. Furthermore, careful attention has been dedicated to project bonds. Curiously, although the market for these instruments has almost evaporated after the defaults and downgrades of the monoliners, the European market is now experiencing a revived interest in this type of financing, which is seen by the European Union as a possible solution to the downward trend in bank loans dedicated to infrastructures. The 2020 European Union Project Bond initiative is discussed in detail. Chapter 8 includes a new section dedicated to how the Basel Capital Regulations have been modified in response to the crisis (Basel III) and how the changes have affected the project finance market. Furthermore, a completely new section is dedicated to a review of the performance of project finance loans in terms of probability of default and loss given default from a long-term perspective. Overall, the data indicate that project finance is a resilient asset class even in period of severe financial stress, much more resilient than other traditional loans. The second edition also includes new case studies. The first, Case Study 3 (Quezon Power Ltd), refers to a very large power generation infrastructure located in the Philippine Islands and focuses on the application of risk analysis/risk management techniques and how a change in the soundness of the SPV’s key counterparts can affect its cost of funding. The second new case study, Case Study 4 (Milan Metro Line 5), focuses on transportation infrastructures, in particular the expansion of the underground metropolitan railway network in Milan. It is useful to analyze how the concession agreement can be set up in order to share risks in a fair way between the awarding public authority and the private sponsors. At the end of this long period of manuscript revision, let me express my renewed thanks to my contributors in this volume: Alessandro Steffanoni and Daniele Corbino (for the release of the Excel file supporting the Italy Water Case), Massimo Novo (for Chapter 7), Sarah De Rocco, Fabio Landriscina, and Mark Pollard (for the insurance section in Chapter 4). Thanks also to Scott Bentley, Kathie Paoni and Andre Cuello at Elsevier for the precise support and useful suggestions throughout the preparation of the new edition. Let me thank also the colleagues who in several occasions have shared with me ideas and comments on my research work: Veronica Bonetti, Simone Mauro, Andrea Sironi, Francesco Saita, Alvaro Rigamonti, Mauro Senati, Giancarlo Forestieri, Emilia Garcia-Appendini, Andrea Resti, Ben Esty, Bill Megginson and Dario Scannapieco (who were so kind to take the time to write the presentation), Stefanie Kleimeier, Marco Sorge, Blaise Gadanecz, Ian Cooper, Michel Habib, Robert Hauswald, Yener Altunbas, Frederic Blanc Brude, Timo Valila, Stefano Caselli, Paolo Colla, Giacomo Nocera, Sergio Ferraris, Marco Percoco, Veronica Vecchi, Mark Hellowell, and Issam Hallak. A special thanks to Gimede Gigante for excellent research assistance and help in updating most of the data in Chapters 2 and 6. I tried to put every possible effort into preparing this new, updated, and expanded edition. My hope is to have prepared a book that is at the forefront of knowledge on project and infrastructure financing and that is a useful tool for academics, practitioners, and students in their day-to-day work in this fascinating field of finance. Stefano Gatti Milan, July 2012 I started working in the project finance sector in 1993, when I was assistant professor at the Institute of Financial Markets and Financial Intermediation at SDA Bocconi School of Management in Milan. My initial involvement in this field was due to the launch of a new research project investigating the development of project finance techniques in Italy. At that time, Europe had just started to see the use of this technique in the private sector, particularly for the development and subsequent exploitation of off-shore crude reserves (the Forties Fields, off the coast of Scotland). The Italian project finance market was still in its infancy. From that point on, the most absorbing field of interest on my research agenda and in my professional activity has become project finance. In the past few years, I’ve organized several teaching activities, both at a graduate level and in MBA programs, in Italy and abroad, in order to disseminate knowledge on this important field of finance. If we look at the numbers, the growth of the market is impressive: during the period from 1994 to 2004 project finance loans have grown at a 24% annual compounded rate and today this technique accounts for more than 5% of the total market of syndicated loans. Despite these numbers, this topic has received little attention from the academic and practitioners’ press. There aren’t many books nor are there any corporate finance international handbooks that deal with project finance. Academic journals that have hosted papers on the subject are very few. This is the reason why I decided to collect a large part of the teaching notes, reports, and case studies I have developed over the past few years and organize them into a book. My objective is to provide the reader with a complete view on how a deal can be organized—from industrial, legal, and financial standpoints—and the alternatives for funding it. But what must never be forgotten is that project finance is a highly leveraged transaction where two principles are key to its success: (1) cash is king; (2) lenders control the destiny of the project. In fact, their satisfaction is just as important as the legitimate claim of project sponsors for a satisfactory return on the capital employed. The book doesn’t require previous experience in the field, and most of the concepts are explained for readers who are approaching this subject for the first time. Yet the complete coverage of all the aspects involved in deal structuring makes it suitable for both professionals and graduate/MBA/EMBA students. The book opens with a description of the rationale underpinning project finance deals and a discussion of the difference between corporate finance and project finance in Chapter 1. Chapter 2 is dedicated to the analysis of the market at an international level. Trends clearly demonstrate that (1) project finance loans are a rapidly growing segment of the syndicated loans market; (2) the destination of funds is quickly changing. In particular, the largest portion of loans is beginning to flow into PPPs (public-private partnerships) and projects where the public administration or public bodies play the role of concession awarder to private sponsors. In Europe, PPP projects account for more than 36% of total project finance loans; in Asia this percentage stands at a remarkable 25%. Chapter 3 focuses on risk analysis and risk management. The chapter considers project contracts as risk management tools. Together with insurance policies, in fact, they are the most powerful instruments of this kind for reducing cash flow volatility of the deal, to the benefit of both lenders and sponsors. Chapter 4 covers a seldom-seen discussion on the role of external consultants in project finance transactions. Here we also describe what legal advisors, independent technical advisors, and insurers are required to do in the overall process of deal design, implementation, and funding. In Chapter 5 we discuss how to appraise the bankability of the deal. Since cash is king, two topics are of particular relevance: (1) the analysis of cash flows generated by the venture; (2) the optimal capital structure. The analysis of cover ratios (which represent the balance between cash generation and cash needs for debt service) and sensitivity and scenario analysis completes the financial analysis of the transaction. Chapter 6 contains an overview of financing options. Since the book targets an international readership, we address the role played by multilateral and bilateral institutions, also in developing countries. Syndicated loans, equity and mezzanine/subordinated loans, leasing and project bonds are all included and analyzed from the economic and financial point of view. Chapter 7 is dedicated to the legal aspects of project finance. After examining the special purpose vehicle, we provide a thorough description of the finance, security, and project documents. Although we take the lawyers’ perspective, constant attention is given to the implications for the finance profession. Finally, Chapter 8 explores some recent developments in the literature on project finance, brought about by the forthcoming adoption of the new Basel II rules. The chapter looks at Basel II requirements for lenders in terms of credit risk analysis of specialized lending deals (which encompasses project finance) and discusses the as yet unresolved issue of how to measure the value at risk of a project finance transaction. The book also includes three case studies. The aim of the first, Cogeneration 1, is to describe the setup of the contractual network of a deal and to identify the weak points of a project and possible available solutions. The second, Italy Water, is an Excel-based case study which can be used as a business game. The aim here is to develop negotiating skills in the participants, who must maximize the trade-off of conflicting utility functions (of sponsors, lenders, and public administration). The third case is a reprinting of a classic article by Benjamin Esty from Harvard Business School; it discusses the syndication process of the Hong Kong Disney Park. The book has taken me more than a year and a half to finish. I hope that the reader will appreciate all the effort put into making an updated and complete handbook. This result wouldn’t have been possible without the continuous support provided by Karen Maloney, Dennis McGonagle, and Roxana Boboc at Elsevier. My special thanks go to Karen, who from the very beginning enthusiastically supported my proposal to publish a book on the topic with her publisher and followed the progress of the work step by step. Acknowledgements go to all the people who have worked with me these past years, both scholars and professionals, to disseminate knowledge on this subject. For their suggestions and encouragement I would like to thank Andrea Sironi, Francesco Saita, Alvaro Rigamonti, Mauro Senati, Giancarlo Forestieri, Emilia Garcia-Appendini, Andrea Resti, Ben Esty, Bill Megginson (who was so kind to dedicate his time to write the presentation), Stefanie Kleimeier, Marco Sorge, Blaise Gadanecz, Ian Cooper, Michel Habib, Giuseppe Cappellini, Sergio Ferraris, and Issam Hallak. Special thanks to my contributors in this volume, Alessandro Steffanoni and Daniele Corbino (for the release of the Excel file supporting the Italy Water Case), Massimo Novo (for the legal part of the book), and Fabio Landriscina and Mark Pollard (for the insurance section). Thanks also to Jill Connelly for her help in translating the manuscript and Lorenzo Marinoni for the valuable support in preparing the instructors’ material. Finally, thanks to all my friends and relatives who I have taken time and attention away from while spending days (and sometimes nights) writing the pages of this book. I want to dedicate it to my mother, Graziella, whose love for her son is one of the most precious jewels in his life. Milan, June 2007 By Dario Scannapieco, Vice President Project financing (‘PF’) has proved a very powerful tool for financing the delivery of infrastructure investments and services around the globe over the last 30 years. Although gathering reliable data is rather difficult, it is estimated that the value of investments brought about by PF amounts to around EUR 200 billion globally every year. Recent events have given rise to new challenges for PF and, more than ever, there is a need for incisive advice and guidance in this often complex area. Projects financed through PF can be found across the world in a range of sectors such as transport (e.g. roads, railways, airports, ports, light rail), energy (generation and distribution), environment (e.g. water and wastewater treatment and distribution, waste treatment) and social infrastructure (e.g. hospitals, schools, government buildings). The European Investment Bank’s own portfolio of PF transactions includes over 250 transactions across sectors and EU Member States. Many European transportation projects, energy plants and distributions networks, environment investments and social infrastructure assets (e.g. hospitals, schools) have benefited from EIB PF loans over the last 20 years. PF is also the most commonly used tool for financing public-private partnership projects (‘PPPs’). PF loans to PPPs amounted to about EUR 70 billion in 2011 globally, of which approximately EUR 18 billion in favour of European projects. The versatility of the PF tool is such that it has been used for many different forms of PPPs, whether concession arrangements (user-pay) or government-pay models (such as the UK Private Finance Initiative or the French Contrat de Partenariat). As such, PF has become an important means to support the provision of assets and high-quality public services. Indeed, in addition to optimising the costs of finance for a PPP project, PF underpins the allocation of risks between the public and private sectors. It ensures that risks are well managed within and between the project company, its sponsors and its financiers. This gives the public sector the comfort that the private sector is both incentivised and empowered to maximise performance and deal in a timely manner with any problems that may occur in the project. However, as demonstrated in Professor Gatti’s book, PF transactions are complex and require specific expertise, skills and a significant level of analysis, structuring and negotiations. Understanding project risks, allocating them and managing the interests of the many stakeholders are just some examples of the issues practitioners face in PF transactions. Raising PF debt has become an increasing challenge since the onset of the financial crisis. The balance sheet of most commercial banks has been significantly affected by the financial, economic and sovereign crises. Basle III and a degree of loss of confidence have further constrained the ability of banks to provide suitable PF loans. The PF market has arguably moved from one extreme of an oversupply of cheap and long term liquidity to a new tighter environment in which: – loan tenors have shortened dramatically and mini-perm structures, which impose a refinancing at some stage of the project life, are becoming the norm; – loan pricing has increased drastically; – the terms and conditions of PF loans are significantly more demanding on project sponsors; – competition amongst lenders has reduced, leaving a few lenders available to finance ever increasing capital investment needs; and – underwritings and loan syndication have disappeared. Banks now finance transactions on a club deal basis and only retain small tickets in projects. Much of this new environment seems both global and permanent in nature. Yet, in a crisis era characterised by a significant fiscal tightening, PF can bring about much needed capital investments. Professor Gatti’s contribution to this new world is both timely and necessary. The value for money for the public sector of PPP investments, which rely on PF techniques, and the financial attractiveness of these investments for private sector sponsors, are coming under ever greater scrutiny. This book seeks to educate and enlighten PF practitioners and empower them to meet the challenges of the new financial and economic environment. This is a very timely revision to a book that has for five years served as a standard academic and professional reference on project finance. Project finance has emerged over the past four decades as a vital tool for financing large-scale, high-risk domestic and international business ventures. Along with all other forms of syndicated bank lending, the total value of project finance (PF) lending fell sharply during and immediately after the global financial crisis of 2008–2009, from a record $220 billion in 2007 to a mere $138 billion in 2009, but total PF financing has recovered and, at $242 billion during the year ending in February 2011, now actually exceeds its 2007 peak level.¹ Given its inherent flexibility and its effectiveness as a risk-sharing tool, project finance is likely to increase in relative importance even more in the years immediately ahead, despite the many challenges that all forms of cross-border lending will face during this period. Project finance is usually defined as limited or nonrecourse financing of a new to-be-developed project through the establishment of a vehicle company (separate incorporation). Thus the distinguishing features of project finance are, first, that creditors share much of the venture’s business risk and, second, that funding is obtained strictly for the project itself without an expectation that the corporate or government sponsor will co-insure the project’s debt—at least not fully. PF is most commonly used for capital-intensive projects, with relatively transparent cash flows, in riskier-than-average countries, using relatively long-term financing, and employing far more detailed loan covenants than conventionally financed projects. The revised text by Stefano Gatti and his collaborators provides an excellent and comprehensive survey of project finance techniques, processes, and practices, which both practitioners and researchers should value as a key resource. Project finance grew very rapidly during the period up to 2007 and, as noted above, has recovered quite robustly after the global financial crisis of 2008–2009. A key reason why project finance has prospered is that the emerging market economies of the world are continuing to grow at near record rates, with growth in non-OECD countries approaching 7% on average. Rapid growth demands even greater than average investment in infrastructure such as ports, bridges, roads, telecommunications networks, electric power generation and distribution facilities, airports, intra- and intercity rail networks, and water and sewerage facilities. The OECD predicts that the world will need to spend almost 4% of national and global GDP on infrastructure each year to support accelerating growth—around $1.6 trillion annually—yet governments are ill-placed to fund more than a fraction of these investments. The remainder must come from private sources, either as stand-alone projects or as public-private cooperative ventures. Project finance is certain to figure prominently in meeting the world’s infrastructure investment needs, especially in emerging markets. PF has also been gaining global financing market share, especially as a vehicle for channeling development capital to emerging markets. Gatti, Kleimeier, Megginson, and Steffanoni (2012) report that over 60% of the value (and 68% of the number) of project finance loans extended between 1991 and 2005 were arranged for borrowers located outside of North America and Western Europe, with over 40% of the total being arranged for Asian projects. Project finance is very good at funding specific investments in certain industries. Typically, PF is used for capital-intensive infrastructure investments that employ established technology and generate stable returns, preferably returns that are denominated or can be easily converted into hard currencies. PF is not good at funding high-risk investments with uncertain returns, so is rarely used to fund research and development spending, new product introductions, advertising campaigns, or other potentially high-return intangible investments. PF is used only for tangible, large projects with known construction risks and well-established operating technology. Brealey, Cooper, and Habib (1996) also stress that one of the key comparative advantages of project finance is that it allows the allocation of specific project risks (i.e., completion and operating risk, revenue and price risk, and the risk of political interference or expropriation) to those parties best able to manage them. PF is especially good at constraining governments from expropriating project cash flows after the project is operating, when the temptation to do so is especially great. At this stage, all the investments have been made and the project cash flows are committed to paying off the heavy debt load. The key players in project finance are the project sponsors who invest in the special purpose vehicle (SPV); the host government and local companies; the construction and engineering firms responsible for actually constructing the project; legal specialists who design the contracts essential to allocating project risks and responsibilities; accounting, financial, and risk assessment professionals who advise the principal actors and assess project risks; lead arranging banks that organize and lead the banking syndicate that funds the project loan; and participating banks that are part of the loan syndicate. Governments typically play a much larger and more direct role in project finance than in any other form of private funding. State-owned enterprises are especially important as counterparties to project vehicle companies, since these state companies often have privileged or monopoly positions as providers of telecom, electricity, water, and sewerage services in the host countries. Project finance is not really true corporate finance; in fact, PF can be defined in contrast to standard corporate finance, as clearly discussed in the first chapter of this book. A touchstone of corporate capital investment is the separation of investment and financing decisions, with corporate managers assessing all investment projects using a firm-wide weighted average cost of capital required rate of return, accepting all positive NPV projects, and then funding the capital budget with internal cash flow (retained earnings) and external securities issues (mostly debt). Project finance is the exact antithesis of this investment method. In PF, each major investment project is organized and funded separately from all others, and the discretion of the SPV over project cash flows is explicitly minimized. Whereas the essence of corporate finance is to provide funding for limited-liability corporations with perpetual life and complete discretion over internal capital investment, project finance involves the creation of an entirely new vehicle company, with a strictly limited life, for each new investment project. A cardinal objective of PF contracting is to minimize the ability of project sponsors and, especially, host governments to expropriate project cash flows after the capital-intensive investment has been made and begins generating high free cash flows. Though creation of a vehicle company is the seminal step in all project financings, the work of the syndicated loan lead arranging bank is arguably the most crucial. The bank selected by the project sponsors must perform three vital and difficult tasks. First, this bank must perform the classic task of performing due diligence on the vehicle company and the project itself to ensure that all potential adverse inside information is revealed before loan syndication. This is especially difficult because the sponsor need not be concerned about reputational effects—it will arrange but a single financing before expiring—and thus has great incentive to hide adverse information about the project and the sponsor’s own motives. Second, the lead arranger must attract a sufficient number and diversity of participating banks to fund the PF loan(s) at a price that is both low enough to ensure project solvency and high enough to adequately compensate the banks for the (known and unknown) risks they are taking by extending long-term, illiquid financing. The lead arranger must also design an optimal loan syndicate that will deter strategic defaults (Chowdry, 1991; Esty and Megginson, 2003) but allow for efficient renegotiation in the event of liquidity defaults. Finally, the lead arranger must spearhead monitoring of the borrower after the loan closes and discourage the sponsor (or the project’s host government) from strategically defaulting or otherwise expropriating project cash flows. This is especially difficult in project finance, since many such projects have extremely high up-front costs but then generate large free cash flow streams after the project is completed (Bolton and Scharfstein, 1996; Esty and Megginson, 2003). Furthermore, the lenders, represented by the lead arranger, typically have little or no power to seize assets or shut down project operations in project host countries, so deterrence must be expressed through some other mechanism. Surprisingly, Kleimeier and Megginson (2000) show that PF loans have lower spreads than many other types of syndicated loans, despite being riskier nonrecourse credits with longer maturities, suggesting that the unique contractual features of project finance in fact reduce risk. This book analyzes all of the issues discussed above clearly and in detail. The reader will find answers to many questions related to the design, organization, and funding of these complex and fascinating project finance deals in the pages of this excellent volume. William L. Megginson Professor and Rainbolt Chair in Finance, Price College of Business, The University of Oklahoma, Norman, Oklahoma USA, May 7, 2012 1. Bolton P, Scharfstein DS. Optimal debt contracts and the number of creditors. Journal of Political Economy. 1996;104:1–25. 2. Brealey RA, Ian CA, Habib MA. Using project finance to fund infrastructure investments. Journal of Applied Corporate Finance. 1996;9:25–38. 3. Chowdry B. What is different about international lending?. Review of Financial Studies. 1991;4:121–148. 4. Esty BC, Megginson WL. Creditor rights, enforcement, and debt ownership structure: Evidence from the global syndicated loan market. Journal of Financial and Quantitative Analysis. 2003;38:37–59. 5. Gatti S, Kleimeier S, Megginson W, Steffanoni A. Arranger certification in project finance. Financial Management (forthcoming) 2012. 6. Kleimeier S, Megginson WL. Are project finance loans different from other syndicated credits?. Journal of Applied Corporate Finance. 2000;13:75–87. ¹The 2011 project finance total comes from the Dealogic database, as quoted in Latest Global League Tables (www.projectfinancemagazine.com). Stefano Gatti is Director of the B.Sc. of Economics and Finance at Università Bocconi, where he has been also Director of the International Teachers’ Programme. His main area of research is corporate finance and investment banking. He has published in these areas, including recent publications in Financial Management, the Journal of Money, Credit and Banking, the Journal of Banking and Finance, the Journal of Applied Corporate Finance, and the European Journal of Operational Research. Professor Gatti has published a variety of texts on banking and finance and has acted as a consultant to several financial and nonfinancial institutions as well as for the Italian Ministry of the Economy. He is financial advisor of the Pension Fund of Health Care Professions and is member of the board of directors and board of auditors of Italian industrial and financial corporations. Daniele Corbino has been working since 2010 as Global Relationship Manager at Intesa Sanpaolo. From 2004, he was part of the project finance desk of Banca IMI (formerly Banca Intesa) in different industries such as power and energy, media and telecom, infrastructures, and shipping finance. He serves as lecturer in investment banking and structured finance at Università Bocconi and SDA Bocconi School of Management. Sarah De Rocco is currently Team Leader of the Project Finance and M&A practice of Marsh S.p.A within the Infrastructure, Power & Energy department, with the assignment to develop the advisory activity to banks and project companies on insurable risks relating to project finance and to all parties involved in M&A transactions. Before joining Marsh, she worked for a major international insurance broker as D&O, PI, and M&A specialist. She graduated in Economics of Financial Markets and Institutions from Università Bocconi. Fabio Landriscina is Head of Specialties and of the Infrastructure, Power & Energy department of Marsh S.p.A, where he was former Head of Project Finance. He joined Marsh from another major international insurance broker, where in his role as Senior Account Executive he acted as Insurance Consultant and Placing Broker both for lenders and project companies within various projects financed through structured finance schemes. He graduated in Economics from Università degli Studi di Brescia. Massimo Novo is an Italian qualified lawyer, specializing in banking, project finance, and leveraged finance. He has been a partner at Clifford Chance LLP and a lecturer in the postgraduate courses at Bocconi University Business School. Since 2009 he has been the head of the division in charge of operations in South East Europe in the legal department of the European Investment Bank. Massimo holds a JD degree from the University of Turin, an MBA from Scuola Superiore Enrico Mattei (Milan), and an LLM degree from Columbia University Law School. Mark Pollard is currently CEO of Marsh AB in Sweden, with responsibilities across the Nordic region. Previously Head of Industry Specialisation for Marsh Europe, Middle East and Africa, he is a member of the Global Executive Committee and Managing Director of Marsh Inc. From the late 1990s until 2007 he was responsible for project finance consulting in Italy, project managing a number of innovative programs on behalf of both banks and project companies; during the same period he led the EMEA Power and Utilities practice. Before joining Marsh in 1995, Mark worked as underwriter on international technological and infrastructure risks for a major European insurance company. Mark holds a Master of Arts degree from Oxford University, graduating in 1982 in Classics, and is a Fellow of the Chartered Insurance Institute. Alessandro Steffanoni is Head of Project Finance at Meliorbanca S.p.A (Banca Popolare dell’Emilia Romagna Group). A former officer at General Electric Interbanca and Banca Intesa, he teaches project and structured finance at SDA Bocconi School of Management. He is author of recent publications in the Journal of Money, Credit and Banking and Financial Management. Introduction to the Theory and Practice of Project Finance This chapter introduces the theory and practice of project finance. It provides a general overview of everything that will be analyzed in greater detail in subsequent chapters. We believe it is useful to start with a chapter describing the salient features of a project finance deal, essential project finance terminology, and the basics of the four steps of risk management (identification, analysis, transfer, and residual management), together with the theory that financial economics has developed on this topic. This chapter also helps to understand the reasons for using project finance as compared with more traditional approaches employed by companies to finance their projects. Section 1.1 provides an exact definition of the term project finance so as to avoid confusion with other, apparently similar contractual structures. The impression is, in fact, that all too often corporate loans issued directly to the party concerned are confused with true project finance structures. Section 1.2 analyzes the reasons why project finance is used by sponsoring firms and the advantages it can bring to sponsors and lenders, and it highlights the main differences between corporate financing and project financing. Section 1.3 reviews the main categories of project sponsors and clarifies the different reasons why each category is interested in designing and managing a new project finance deal. Section 1.4 introduces the basic terminology of project finance and illustrates the key contracts used in the deal to manage and control the risks involved in the project. This section is an introduction to the topic of risk management, which is discussed in greater detail in Chapter 3. Finally, Section 1.5 reviews the theory of project finance and the most important concepts associated with the financial economics of project finance: contamination risk, the coinsurance effect, and wealth expropriation of lenders by sponsoring firms. This section includes also a review of theoretical and empirical academic studies that dealt with project finance in the past few years. A large part of the existing literature agrees on defining project finance as financing that as a priority does not depend on the soundness and creditworthiness of the sponsors, namely, parties proposing the business idea to launch the project. Approval does not even depend on the value of assets sponsors are willing to make available to financers as collateral. Instead, it is basically a function of the project’s ability to repay the debt contracted and remunerate capital invested at a rate consistent with the degree of risk inherent in the venture concerned. Project finance is the structured financing of a specific economic entity—the SPV, or special-purpose vehicle, also known as the project company—created by sponsors using equity or mezzanine debt and for which the lender considers cash flows as being the primary source of loan reimbursement, whereas assets represent only collateral. The following five points are, in essence, the distinctive features of a project finance deal. 1. The debtor is a project company set up on an ad hoc basis that is financially and legally independent from the sponsors. 2. Lenders have only limited recourse (or in some cases no recourse at all) to the sponsors after the project is completed. The sponsors’ involvement in the deal is, in fact, limited in terms of time (generally during the setup to start-up period), amount (they can be called on for equity injections if certain economic-financial tests prove unsatisfactory), and quality (managing the system efficiently and ensuring certain performance levels). This means that risks associated with the deal must be assessed in a different way than risks concerning companies already in operation. 3. Project risks are allocated equitably between all parties involved in the transaction, with the objective of assigning risks to the contractual counterparties best able to control and manage them. 4. Cash flows generated by the SPV must be sufficient to cover payments for operating costs and to service the debt in terms of capital repayment and interest. Because the priority use of cash flow is to fund operating costs and to service the debt, only residual funds after the latter are covered can be used to pay dividends to sponsors. 5. Collateral is given by the sponsors to lenders as security for receipts and assets tied up in managing the project. A sponsor can choose to finance a new project using two alternatives: 1. The new initiative is financed on-balance sheet (corporate financing). 2. The new project is incorporated into a newly created economic entity, the SPV, and financed off-balance sheet (project financing). Alternative 1 means that sponsors use all the assets and cash flows from the existing firm to guarantee the additional credit provided by lenders. If the project is not successful, all the remaining assets and cash flows can serve as a source of repayment for all the creditors (old and new) of the combined entity (existing firm plus new project). Alternative 2 means, instead, that the new project and the existing firm live two separate lives. If the project is not successful, project creditors have no (or very limited) claim on the sponsoring firms’ assets and cash flows. The existing firm’s shareholders can then benefit from the separate incorporation of the new project into an SPV. One major drawback of alternative 2 is that structuring and organizing such a deal are actually much more costly than the corporate financing option. The small amount of evidence available on the subject shows an average incidence of transaction costs on the total investment of around 5–10%. There are several different reasons for these high costs. 1. The legal, technical, and insurance advisors of the sponsors and the loan arranger need a great deal of time to evaluate the project and negotiate the contract terms to be included in the documentation. 2. The cost of monitoring the project in process is very high. 3. Lenders are expected to pay significant costs in exchange for taking on greater risks. On the other hand, although project finance does not offer a cost advantage, there are definitely other benefits as compared to corporate financing. 1. Project finance allows for a high level of risk allocation among participants in the transaction. Therefore, the deal can support a debt-to-equity ratio that could not otherwise be attained. This has a major impact on the return of the transaction for sponsors (the equity internal rate of return [IRR]), as we explain in Chapter 5. 2. From the accounting standpoint, contracts between sponsors and SPVs are essentially comparable to commercial guarantees. Nonetheless, with project finance initiatives they do not always appear off-balance sheet or in the notes of the directors. 3. Corporate-based financing can always count on guarantees constituted by personal assets of the sponsor, which are different from those utilized for the investment project. In project finance deals, the loan’s only collateral refers to assets that serve to carry out the initiative; the result is advantageous for sponsors since their assets can be used as collateral in case further recourse for funding is needed. 4. Creating a project company makes it possible to isolate the sponsors almost completely from events involving the project if financing is done on a no-recourse (or more often a limited-recourse) basis. This is often a decisive point, since corporate financing could instead have negative repercussions on riskiness (and therefore cost of capital) for the investor firm if the project does not make a profit or fails completely. The essential major differences between project financing and corporate financing are summarized in Table 1.1. Table 1.1 Main Differences between Corporate Financing and Project Financing By participating in a project financing venture, each project sponsor pursues a clear objective, which differs depending on the type of sponsor. In brief, four types of sponsors are very often involved in such transactions: • Industrial sponsors, who see the initiative as upstream or downstream integrated or in some way as linked to their core business • Public sponsors (central or local government, municipalities, or municipalized companies), whose aims center on social welfare • Contractor/sponsors, who develop, build, or run plants and are interested in participating in the initiative by providing equity and/or subordinated debt • Financial investors 1.3.1 Industrial Sponsors in Project Finance Initiatives Linked to a Core Business Let’s use an example to illustrate the involvement of sponsors who see project finance as an initiative linked to their core business. For instance, a major project involving IGCC (integrated gasification combined cycle) cogeneration includes outputs (energy and steam) generated by fuels derived from refinery by-products. The residue resulting from refining crude oil consists of heavy substances such as tar; the disposal of this toxic waste represents a cost for the producer. The sponsors of these project finance deals are often oil companies that own refineries. In fact, an IGCC plant allows them to convert the tar residue into energy by means of eco-compatible technologies. The by-product is transformed into fuel for the plant (downstream integration). The sponsor, in turn, by supplying feedstock for the power plant, converts a cost component into revenue, hence a cash inflow. Lenders in this kind of project carefully assess the position of the sponsor, since the SPV should face a low supply risk. The sponsor/supplier has every interest in selling the tar promptly to the SPV. If this does not happen, the supplier not only will forfeit related revenue but also will be subject to penalties. 1.3.2 Public Sponsors with Social Welfare Goals Historically, project finance was first used in the oil extraction and power production sectors (as later detailed in Chapter 2). These were the most appropriate sectors for developing this structured financing technique because they were marked by low technological risks, a reasonably predictable market, and the possibility of selling what was produced to a single buyer or a few large buyers based on multiyear contracts (like take-or-pay contracts, which are discussed in detail in Chapter 7). So project finance initially was a technique that mainly involved parties in the private sector. Over the years, however, this contractual form has been used increasingly to finance projects in which the public sector plays an important role (governments or other public bodies). As we see in the next chapter, governments in developing countries have begun to encourage the involvement of private parties to realize public works. From this standpoint, it is therefore important to distinguish between projects launched and developed exclusively in a private context (where success depends entirely on the project’s ability to generate sufficient cash flow to cover operating costs, to service the debt, and to remunerate shareholders) from those concerning public works. In the latter cases success depends above all on efficient management of relations with the public administration and, in certain cases, also on the contribution the public sector is able to make to the project. Private-sector participation in realizing public works is often referred to as PPP (public-private partnership). There are different definitions of the different types of PPPs, most of them depending on what the private partners are asked to provide in these initiatives. Van Ham and Koppenjan (2001) define PPPs as a form of durable cooperation between the public and private sector where the two parties jointly develop goods and services sharing risks, costs, and resources. Collin and Hanson (2000) identify PPPs as an agreement between a public body and one or more private firms where all the parties share risks and profits through a joint ownership of an organization. Osborne (2000) argues that a PPP project involves the design, construction, financing, maintenance (and sometimes management) of a public infrastructure by private firms based on a long-term contract. Similar definitions are provided by Teisman and Klijn (2002). In these partnerships the role of the public administration is usually based on a concession agreement that provides for one of two alternatives. In the first case, the private party constructs works that will be used directly by the public administration itself, which therefore pays for the product or service made available. This, for instance, is the case of public works constructing hospitals, schools, prisons, etc. The second possibility is that the concession concerns construction of works in which the product/service will be purchased directly by the general public. The private party concerned will receive the operating revenues, and on this basis (possibly with an injection in the form of a public grant) it will be able to repay the investment made. Examples of this type of project are the construction of toll roads, the creation of a cell phone network, and the supply of water and sewage plants. Various acronyms are used in practice for the different types of PPPs. Even if the same acronyms often refer to different forms of contract, those given in Table 1.2 are very common. Table 1.2 Main Public-Private Partnership Contractual Schemes Source: Gatti et al. (2010). Figure 1.1	cc/2019-30/en_head_0031.json.gz/line593
__label__wiki	0.543082	0.543082	Moore, John, Bishop of Norwich (1646 -1714) John Moore was born in 1646, the eldest son of Thomas Moore, ironmonger of Market Harborough, and Elizabeth, daughter of Edward Wright, of Sutton juxta Broughton. He was educated at the Free School of Market Harborough and Clare College, Cambridge, where he was admitted Sizar in 1662, taking his B.A. 1666, Fellow of Clare College 1667, M.A. 1669, and D.D. 1681, Canon of Ely in 1677, and Bishop of Norwich in 1691. He was translated to Ely in 1707. He married twice, firstly, 22 May 1679, Rose, fifth daughter of Nevill Thomas Butler, of Barnwell Priory, Cambridge. She died 18 August 1689, and he married, secondly, Dorothy, daughter of William Barnes of Darlington, a widow. He had issue by both of his wives. During his lifetime he was a considerable benefactor of Clare College, being instrumental in building the College Library and giving books. His own library was famous throughout Europe, and at his death 31 July1714 he owned 29,000 printed books and 1,790 manuscripts. George I purchased it for six thousand guineas and presented it to Cambridge University Library where it forms the `Royal Library'. Stamp(s) Stamp Information Title: Moore, John, Bishop of Norwich (1646 - 1714) (Stamp 1) Arms: Three mitres (See of Norwich) impaling Ermine on a chevron three cinquefoils (Moore) behind the arms a crozier and a key in saltire Impalement: Ermine on a chevron three cinquefoils (Moore) Heraldic Charges: chevron, on a, Heraldic Charges: cinquefoils (3), Heraldic Charges: crozier, Heraldic Charges: key, Heraldic Charges: mitres (3)	cc/2019-30/en_head_0031.json.gz/line594
__label__wiki	0.801842	0.801842	Tag Archives for The Ex CALVIN JOHNSON (K Records, Beat Happening) on the importance of ALL-AGES gigs, and the secret history of age segregation in rock n roll photo: Danielle St. Laurent “What’s Wrong With Having Fun?” A History of All Ages: A conversation with Calvin Johnson by Jay Babcock Calvin Johnson is the founder of Olympia-based K Records. He was in Beat Happening, Halo Benders and Dub Narcotic Sound System, and recently toured the USA in tandem with Ian Svenonius. His influence on underground American music in the last 25 years is enormous; read more about him at wikipedia. I spoke with Calvin by telephone in early 2007, following on an interview I did with former MC5 manager/poet/historian John Sinclair, published in Arthur No. 24, in which we tried to figure out how rock n roll music went from being an all-ages thing to what, all too often, it is today: age-segregated. Calvin had some ideas about that… Arthur: Where did you see your first shows? Calvin Johnson: I was going to some stadium shows. When I was 12 I saw Paul McCartney & Wings. That was in the Kingdome, which is like 75,000 people. I was like, This is different than the Casbah Club in Liverpool. This isn’t the same. I kind of view that as more… Having read this biography of the Beatles and their whole world in Liverpool just seemed really exciting. Very little of that excitement existed in the stadium. And I’m like, Hmm. Something went wrong here. Just shortly after that is when I started reading about punk rock and I recognized that as being within the spirit of that local scene that the Beatles came out of. It was about two or three years later that I went to my first punk rock show which was… A band from Seattle called The Enemy played here in Olympia. Then I started attending shows in Seattle. There was an all-ages club called The Bird that was in an old warehouse, then it moved into an Oddfellows hall. They had shows twice a month at this Oddfellows hall. That was really exciting. Arthur: How did age segregation in rock ‘n’ roll music performances start, do you think? My knowledge is second or third-hand on these things, but in reading rock n roll histories or biographies, it seems like some of those people, like Little Richard, was playing in nightclubs and juke joints that were serving alcohol and they were mostly oriented towards adults, meaning people in their 20s and 30s. So live music was divided in a demographic way: there were these teen-oriented events and then there were adult-oriented events, and rock n roll was viewed at first as teen-oriented music. It seemed to have been normally in these environments that are dance-oriented—the armory, the school cafeteria, gymnasium, the local union hall—might be rented for these teen events. When people like Little Richard and Chuck Berry and Jerry Lee Lewis became rock stars, and they were playing at those kinds of shows where there’s 10 or 15 acts on the bill and they each do their one or two songs that are well-known, kids were still trying to dance in the aisle. [in faux announcer voice] “Can’t stop the kids from dancing! They’re dancing in the aisles! Crazy! Bedlam has broken out!” You look at films like Charlie Is My Darling—the Rolling Stones on tour in Ireland in ‘65—and you see it’s sort of a transition to this more concert-type situation, where it’s not necessarily a dance, kids are still dancing, and the set-up seems so nascent, they don’t have huge P.A.s or amps, they just have their regular amps and drums, little vocal public address system, and it’s …very quaint. But it seems as though in the Northwest here, there was a circuit more or less of all-ages teen dances, which were held at various either hall-type situations or clubs that catered to teenagers and… Arthur: How is that different from a sock-hop? A sock-hop is more like high school dance where people are just dancing in their stockinged feet. It seems like the demographic is what divided things rather than a legal situation. The demographic was, ‘only kids would want to go to that show.’ Arthur: ‘Who else would want to?’ Yeah. It’s difficult to say, because I’m just piecing this all together, I didn’t live through it, but it appears that it had this vibe that as the audience for rock n roll starts to age into the ‘60s, and people were in their 20s and still interested in rock n roll, the focus changed. I blame the Beatles for that, because they created the atmosphere for where every rock band was suddenly Beethoven, and was creating “Great Works.” So it was more like when you go to the concert symphony orchestra and everyone is paying attention in this way and dancing is almost like an insult. It’s not that the Beatles had that attitude, but I think that the way that their music developed, people started to view music that way, and then these more serious prog rock bands came along and people suddenly forgot all about having fun. What’s wrong with having fun? June 19, 2009 by Jay Babcock Categories: All-Ages \| Tags: At the Drive In, Beat Happening, Beatles, Bill Graham, Calvin Johnson, Dub Narcotic Sound System, Fugazi, John Sinclair, K Records, MC5, Moose Lodge, Rolling Stones, The Ex, Wings \| 5 Comments	cc/2019-30/en_head_0031.json.gz/line596
__label__wiki	0.968552	0.968552	Home News INDIAN NEWS London Celebrates Rahman’s 25-year Musical Journey London Celebrates Rahman’s 25-year Musical Journey A.R. Rahman's music concert in London SSE Arena Wembley to host onstage extravaganza chronicling AR Rahman’s 25-year incredible musical journey, a concert by legendary musician in UK after seven years….reports Asian Lite News A.R. Rahman’s music concert in London Academy Award (Oscar) two-time winner and five-time nominee, Grammy two-time winner, BAFTA and Golden Globe winner, the legendary AR Rahman, returns to the SSE Arena Wembley on Saturday 8th July 2017 after seven years with the “Yesterday, Today, Tomorrow” concert. Celebrating 25 years since his acclaimed, music debut Roja, the visionary composer will be joined onstage by very special guests including Benny Dayal, Javed Ali, Neeti Mohan, Haricharan, Jonita Gandhi, Ranjit Barot and many more. “Yesterday, Today, Tomorrow” marks the first in a global series, celebrating 25 years of the timeless music of AR Rahman and his team, who have crafted and perfected performances that are enriched with high-scale technology and production. Leading engineers from around the world have been brought on board to present spectacular lighting and visuals as a backdrop to the live sounds of the musical genius, creating a multi-media extravaganza that will provide a once-in-a-lifetime experience for fans and audiences. Discussing the forthcoming UK show, AR Rahman says, “From Roja to Rockstar, Kaatru Veliyidai and more, it has been an incredible musical journey over these last 25 years. I’ve been immensely blessed to have the love and support of my fans, music lovers, friends and well-wishers. It continues to inspire and motivate me. Come, join me on the 8th of July at Wembley, London! Accompanying me is an amazingly talented and energetic team of singers and musicians.” “Yesterday, Today, Tomorrow” will chronicle AR Rahman’s musical journey from past to present to future. Popularly known as the man who has redefined contemporary Indian music, he was named in 2009 as one of TIME Magazine’s most influential people in the world. According to a BBC estimate, he has sold more than 150 million copies of his work comprising music from more than 160 film soundtracks and albums in over half a dozen languages. Recent works include soundtracks for Gurinder Chadha’s Viceroy’s House and sports film Sachin: A Billion Dreams, which have dominated airwaves and delighted his fans globally. In 2001, Andrew Lloyd Webber invited AR Rahman to compose for his musical, Bombay Dreams. The production opened to packed houses in London’s West End and had an unprecedented run for two years, later premiering in New York. His music further led him to be noticed internationally, with several of his tracks featuring in films such as The Lord Of War, Inside Man and The Accidental Husband. His composition, the Bombay Theme, has been featured in over 50 international compilations. He has also scored the music for mainstream productions such as Slumdog Millionaire and 127 Hours by Danny Boyle; Disney’s Million Dollar Arm and The Hundred-Foot Journey; Shekhar Kapur’s Elizabeth – The Golden Age;Couples Retreat; People Like Us; Pele; and the Chinese film, Warriors of Heaven & Earth among others. In 2011, AR Rahman joined super band, SuperHeavy, comprising Mick Jagger, Joss Stone, Damian Marley and Dave Stewart and he has collaborated with several other international artists including Nusrat Fateh Ali Khan, Michael Jackson, Michael Bolton, MIA, Vanessa Mae, the Pussycat Dolls, Sarah Brightman, Dido, Hossam Ramzy, Hans Zimmer and Akon. The milestone concert falls during the British Council’s UK-India year of culture. Two decades ago, to commemorate 50 years of Indian Independence, Sony Music signed AR Rahman as their first artist in South Asia. The result was Vande Mataram, an album that instantly connected Indians worldwide and succeeded in rekindling the spirit of patriotism. “Yesterday, Today, Tomorrow” is presented by Hamsini Entertainment, UK and HueBox Entertainment, India. Previous articleMarin Exit at First Round Next articleIndia Beat Spirited Kyrgyzstan with a Late Winner	cc/2019-30/en_head_0031.json.gz/line598
__label__cc	0.62901	0.37099	by BFP \| September 15, 2006 · 11:48 pm China Donates 170 Books To Barbados Campus Hey… that’s great! Let’s see here… wonderful pictures, cultural history, food, topography. Beautiful books. Let’s look up a few topics and see what we can find… “Tiananmen Square Massacre”, “Great Famine”, “Expropriation Killings In Shanwei”, “Falon Gong”… Hmmmm, nothing. Strange… From The Barbados Advocate… China Donates Literature To Cave Hill Campus Students at the Cave Hill campus of the University of the West Indies (UWI), can now immerse themselves in the language, culture and advances of the Peoples Republic of China, thanks to the gracious donation of over 170 books that cover a range of topics. The Chinese Ambassador to Barbados, His Excellency Liu Huanxing presented the books in a brief ceremony at the Cave Hill campus yesterday, which was received by the Deputy Principal, Professor Leo Moseley, and the Campus Librarian Karen Lequay. Several members of the Cave Hill library staff also attended. Professor Moseley, during his comments, stated that the question of learning the Chinese language is one that will have to be faced in the near future. “In order to get on with the changing world, it is absolutely essential that Caribbean people, led by their university, should become fluent in other languages,” Moseley stated… …read the rest at The Barbados Advocate (link here) Filed under Barbados, Culture & Race Issues, Island Life, Politics & Corruption Nigeria Offering Free Land To Barbados Citizens – Too Bad It Is Stolen Land The Nation Newspaper’s website – in typical style – has a headline today proclaiming “FREE LAND FOR BAJANS”. The feel-good story just gushes about the happy opportunities of closer ties between Barbados and Nigeria. Here are some excerpts… Free Land For Bajans IF YOU ARE A BAJAN, free land is waiting for you in Ogun State, Nigeria. The offer has been made by Otunba Gbenga Daniel, governor of Yewa South Local Government Area of Ogun State, as part of his plan for forging unity across the Atlantic Ocean… …It states here clearly: ‘You are also implored to help globalise our local endowments which spread across the state. To this end our government has decided to allocate land to any of our brothers and sisters for development into either private properties or business ventures anywhere in the state on request.’“This is free land that they are offering. This is not a gimmick. This is not a joke. This is the Governor of Ogun State,” explained Gabby. …The two-man delegation also announced several other economic and cultural initiatives between the continental Africans and Barbadians. These included a continued discussion of a direct flight route from Nigeria to Barbados; exploring the possibility of a preferential price for oil and gas from Nigeria; and an on-line Pan-African history programme for the primary and secondary students of Nigeria. …read the full article at The Nation News (link here) Where Did The “Free” Nigerian Land Come From? In all the excitment over something “free”, I guess The Nation News and the involved Barbados government agencies never thought to ask “Where does this “free” land come from?” This might have been a good question to ask, you know – considering that Nigeria is one of, if not the, most corrupt country on the planet. Well, with about seventeen keystrokes on the internet, the Barbados Free Press discovered that the Government of Nigeria has been on a rampage of expropriating lands, bulldozing houses, beating and sometimes killing those who get in the way… …At least a million have been left homeless. Why Isn’t The Barbados Media Asking Some Basic Questions? As the Government of Barbados carries through with it’s announced intention to take Barbados closer to an Afrocentric focus not only culturally, but also economically, it would serve Barbados well if the island media stopped acting like a governnment mouthpiece and started to ask one or two questions here and there. There is No Free Lunch – And No “Free” Land In Nigeria Some excerpts from the website of Habitat International Coalition (link here)… ...up to 800,000[i] persons may have been rendered homeless through these evictions. Evictions began on a mass scale in the Federal Capital Territory (FCT), of which Abuja is a part, with the appointment of FCT Federal Minister Mallam El-Rufai in 2003. Since then, evictions have taken place in nine communities, of a total 49 settlement areas earmarked for demolition. The communities affected by these demolitions thus far include: Wuse, (2004), Mpape (2004), Dantata (November 2004), Old Karimo (November 2004), Jabi/Kado (April 2004), Chika (November 2005), Idu Karimo (2005-2006), Kubwa (June 2005-April 2006), and Dei-dei (April 2006). The authorities have left Chika (Extension) Community in total destruction, including social services, schools and churches. They also have demolished most of Idu-Karmo community, leaving only the church, in operations carried out during February and March 2006. Witnesses report that only half-destroyed churches remain amid vast areas of former human habitat with houses having disappeared into rubble. Local people refer to the government’s bulldozers as “El-Rufai’s” bulldozers. Many persons having lost their houses have had no recourse but to sleep in the church hall. When the bulldozers came to destroy the sacristy and parish house in the Idu-Karmo neighbourhood, on 13 March 2006, inhabitants wept for their beloved community-built church. After the bulldozer finished destroying the small buildings and the hall, the driver proceeded to do the same with the church facade and its tall bell tower, … Approximately three hundred churches, mosques, schools and social services are said to have been affected. Six big parishes are completely destroyed, some of them with 30,000 or more community members. …The government rationalizes this wide-scale destruction as implementation of the 1979 Abuja Master Plan. Belatedly and retroactively applying the outdated plan now renders entire communities “illegal.”…The protraction of the evictions is particularly suspicious, considering that many of those being evicted have official allocations of and/or deeds to the land. For example, according to Abuja’s Archbishop John Onayiekan, all the parishes and churches were built on officially designated sites with the consent of the city administration and under formal title deeds registered years ago. Real estate investment and privatization are the real causes underlying the evictions and demolitions. Consequently, private real estate developers have assumed the key role in rebuilding over demolished property. For example on the site of the demolished Chika community two projects are planned: a national park and a technology village, the land of which is owned by a private real estate developer, Aldenco System Nigeria Limited. Free Land? Only if you choose to see it that way. What do you choose, friends? Filed under Barbados, Business & Banking, Crime & Law, Culture & Race Issues, Offshore Investments, Politics & Corruption by BFP \| September 15, 2006 · 4:15 pm A Good Day For A Drive In Barbados It is hot and cloudy with a bit of drizzle right now, and it doesn’t look like it will clear – but we don’t much care. On such a Friday we love to drive the interior and maybe down the east coast – so we’ll see you later this evening, (unless Clive or Robert make a post). Let’s make sure we have everything… Son? Check, Wife? Check, Water? Check, Toys? Check. Something to eat? Call Auntie Moses! We will be there in 2 hours Auntie. See you then! Filed under Barbados, Island Life by BFP \| September 15, 2006 · 5:29 am Barbados Farm Workers Need Not Apply: Broad Street Journal As usual, Patrick Hoyos at the Broad Street Journal makes some good points… Barbados’ foreign exchange position has become so dire that the government has found it necessary to put a 6% cess tax on all consumer imports, save for baby diapers and a few other items. So you might think that the chance for our people to earn US and Canadian dollars would be given top priority by the Owen Arthur administration. Well, it depends. If you are a hotel worker, the government will do as much as possible to help you get seasonal work abroad. But if you are a farm worker, let’s say you are not going to be given priority status… …read the rest at the Broad Street Journal (link here). Filed under Barbados, Crime & Law, Island Life, Politics & Corruption by BFP \| September 15, 2006 · 12:51 am Businessman Has Great Idea For Fast Ferry – Just Needs Barbados Tax Dollars… Excerpts From The Nation News… THE BUSINESSMAN who introduced Government to the multi-million dollar idea for fly-overs on the ABC Highway has another grand plan – a high-speed ferry service between Barbados and neighbouring islands. Chairman of NSC (West Indies) Limited, Stephen Hobson, has put together a plan which, if accepted by the Owen Arthur Administration and other regional heads, would see Barbadians travelling in luxury to St Vincent in just over two hours, and St Lucia in just over three hours. The Englishman, who already operates a successful fast-ferry service between Trinidad and its sister island, Tobago, is hoping that with his project, farmers would be able to pick fruits in Dominica one day and have them in Barbados the following day, still fresh… …Hobson expects to meet shortly with Prime Minister Owen Arthur and Minister of International Transport Noel Lynch. He stressed he had no intention of going to Government “cap in hand” but with a project for which there were already investors and plans to open up the venture to public ownership at a later date. What he and other potential investors want from the Barbados Government and the leaders of any other country that buys into the idea, is the provision of the proper regulatory structure and necessary physical facilities. …”Right now travel in the region costs an average of US$200 per person,” he added. “We are looking at about US$50 for a ferry trip and a luggage arrangement . . .” Read the full story at The Nation News (link here). Barbados Free Press Comments Barbados citizens again hear the swish of an approaching sandbag – swinging down to knock us upside the head. Will we be able to duck in time? While the idea of a fast ferry may have merit – even if it calls for a minor government funding in creation of some sort of ferry terminal – we simply don’t trust the Owen Arthur Government with this project. The recent debacles with publically funded and managed projects are proof enough that the Owen Arthur Government simply cannot be trusted – especially where there is no legal requirement for the government to issue tenders for major projects. … and no supporting laws respecting Conflicts of Interests or Integrity standards. Filed under Barbados, Business & Banking, Island Life, Offshore Investments, Politics & Corruption	cc/2019-30/en_head_0031.json.gz/line604
__label__wiki	0.988812	0.988812	Greg Williams Home/Greg Williams Greg Williams is recognised as one of the greatest players ever to play Australian Rules Football, having won every major award in the sport during his 250 game, 14 year career. Greg developed his talent in his hometown of Bendigo where he won two best and fairest medals in the local league by the time he was 17. He was recruited to Geelong in 1983, and debuted in 1984 racking up 38 disposals. His career high 53 disposals in a single game occurred while playing for the Sydney Swans in Round 19 of the 1989 season against St. Kilda. Greg is a dual Brownlow Medal winner, one of only thirteen players ever to win multiple Brownlows (four triple medal winners and nine double medal winners). Greg won his first Brownlow with the Sydney Swans in 1986 and the second with Carlton in 1994. The 30 votes he polled that year is one of the highest tallies of all time. It was in these years that he also won each club’s Best and Fairest Award. He came close to what would have been a third Brownlow when he lost the 1993 count by a single vote to Gavin Wanganeen. Greg also won the VFL/AFL Players Association Most Valuable Player award twice while playing with Geelong in 1985 and Carlton in 1994. In the 1995 Grand Final, he led Carlton to a 61 point demolition of Geelong, winning the Norm Smith Medal as the best player on ground. He is also a four-time All-Australian Team member. In 2001 Greg was inducted into the Australian Football Hall of Fame.	cc/2019-30/en_head_0031.json.gz/line606
__label__cc	0.660618	0.339382	/ Seamus Bellamy / 5:05 pm Thu Oct 4, 2018 Civilization VI has been ported to iPhone and my productivity has died I've been playing Civilization, in one form or another, since the mid-1990s. I love the depth of the game and the multitude of ways that it can be played. I take comfort in the knowledge that no matter what I do, or how good our in-game relationship might be, sooner or later Gandhi will try to slit my throat. When Civ VI popped a few years ago, I bought it as soon as I was able to scrape enough money together. I play it on my Mac. I play it on Windows. That wasn't enough. Soon, I found myself playing it on my iPad Pro as well. Civilization is everywhere in my life. It's like an old friend that you allowed to crash on your couch for a few days who now refuses to leave. Today, that old friend went ahead and helped itself to more of my life: Civilization VI has been ported to work on my iPhone. This is a productivity nightmare. On the other hand, much joy will be brought to the time that I spend in the bathroom. I downloaded the game to my iPhone 7 Plus this morning and took it for a quick spin. It's great! At least on an iPhone with a display the size of mine. It'll run on handsets as old as an iPhone 7. But I wouldn't want to attempt to play it on something that small. On the 7 Plus, the display, thanks to a number of tweaks that have been made to the game's UI is still completely usable, provided you don't have fingers the size of Snickers bars. I found that the gameplay and speed is pretty much the same to what I've come to expect from playing it on my iPad Pro which, in turn is, with the exception of a few graphical tweaks, the same as playing it on a laptop. This is a full, desktop-class game that you can hold in the palm of your hand. It is nothing but win. The win feels even bigger as I already own the game for iOS, so there was no need for me to buy it again. If you didn't buy it to play on your iPad, you'll want to give it a spin, quickly. Right now, it's on sale for under $30, which is a steal for a title with this much depth and that can be replayed so many times. It's not going to last at that price. If you're not sure whether you'll dig the game or not, there's also a free, albeit limited, download of it to take for a spin. It's worth mentioning that Civilization VI will also be released for the Nintendo Switch next month (God help me, I'll likely buy that too). So, if you cart one of those around with you, you might want to wait and buy it on that platform instead. You should know that the game will play merry Hell with your iPhone's battery life. After around 45 minutes of empire building, I'd noticed that my handset had taken a 25% hit to its battery. Such is life. If you're a strategy game lover, are looking for something you can play offline, hate freemium titles or feel that a turn-based game could be the perfect bathroom companion (it is), then you might want to take Civ VI for a spin. Sreenshots via Seamus Bellamy Civ VI / civilization / goodbye to being productive / One more turn / video games Telsa's In-Car Gaming System Looks Kinda Meh If you’ve been holding off on buying a Telsa Model 3 until you found out whether the car’s arcade functionality was worth the electric ride’s asking price, wait no more. In this video, The Verge breaks down its experience with the Model 3’s in-car gaming system. From what I can see, you can have damn […] Keanu Reeves present the trailer for Cyberpunk 2077 Keanu Reeves went on stage at E3 to pitch Cyberpunk 2077, an open-world game from CD PROJEKT RED. Release date is April 16, 2020. Image: YouTube Fantastic TV commercial from Mattel Intellivision (1982) This excellent 1982 TV commercial for Mattel’s Intellivision game console features a “computerized” futuristic newscast that predates both Max Headroom’s cyber-pisstake on the media and A-Ha’s rotoscoped classic “Take On Me!”	cc/2019-30/en_head_0031.json.gz/line610
__label__cc	0.660744	0.339256	Eastern Horizons by Levison Wood Non fiction - Health & Fitness \| Sport \| Non fiction - Travel Levison Wood was only 22 when he decided to hitch-hike from England to India through Russia, Iran, Afghanistan and Pakistan, but he wasn't the conventional follower of the hippy trail. A fascination with the deeds of the early explorers, a history degree in the bag, an army career already planned and a shoestring budget of £750 - including for the flight home - he was determined to find out more about the countries of the Caucasus and beyond - and meet the people who lived and worked there. EASTERN HORIZONS is a true traveller's tale in the tradition of the best of the genre, populated by a cast of eccentric characters; from mujahideen fighters to the Russian mafia. Along the way he meets some people who showed great hospitality, while others would rather have murdered him...	cc/2019-30/en_head_0031.json.gz/line611
__label__wiki	0.885887	0.885887	Tag: sarah mass Huge News: Sarah J. Maas Is Writing Adult Book Series Sarah J Maas is best known for her young adult trilogy A Court of Thorns and Roses and the Throne of Glass series. She’s now stepping out of the YA genre and transporting adult readers into a new fantastical and mythical world. Maas’ upcoming novel, Crescent City, will be the first in a new adult fantasy series. The novel is set in a universe where humans struggle for survival among the hierarchy of magical creatures. The novel will focus on Sidhe Bryce Quinlan as she seeks to avenge the death of her murdered best friend. Maas said in a statement, Crescent City has been a passion project from the start, and I’ve been working on it for several years now whenever I get the chance. Crescent City will be published in late 2019, but Maas fans still have a lot to look forward to from now until then. Her DC icon novel, Catwoman: Soulstealer is still in the works and A Court of Frost and Starlight was just published earlier this month. Featured Image Via Star2 by Emily Hering sarah j maas sarah mass Youngadult books Attention Fantasy Fans! Sarah J. Maas Penning ‘Catwoman’ Novel for DC After trying to expand their reach into the young adult reader market, DC Entertainment has recruited four popular YA novelists, including Throne of Glass author Sarah J. Maas, to write books surrounding their superhero characters. Leigh Bardugo kicked off the new series with her novel, Wonder Woman: Warbringer. Maas, who is working on Catwoman: Soul Stealer, will embrace the narrative of Good vs. Evil in a coming-of-age setting. The story surrounds Selina Kyle a.k.a. Catwoman who must protect Gotham City from the evil team of Luke Fox, Poison Ivy, and Harley Quinn while Batman is away. Entertainment Weekly has an exclusive excerpt from the soon-to-be bestseller along with the official cover. Catwoman: Soul Stealer is set to hit shelves August 7, 2018. Novelist Sarah J. Mass Hits Big Time with Books Set for Television AND Movie Series Both of Sarah J. Mass’s bestselling young adult fantasy series, Throne of Glass and A Court of Thorns and Roses, are set to hit the small and silver screens. The Throne of Glass series, slated for streaming on Hulu, follows Celaena Sardothien as she competes to be the king’s assassin, but finds herself fighting for her freedom from a tyrannical ruler. The series will be penned by Kira Snyder (The Handmaid’s Tale, Pacific Rim) and the pilot episode directed by Anna Foerster (Outlander, Criminal Minds). There is no cast as of yet. The A Court of Thorns and Roses film series will follow huntress Feyre who is dragged into a fairytale-like world that of which she must protect from a wicked fairy. Rising British writer Rachel Hirons is set to write the script with no director attached to the project yet. When talking about the upcoming ACOTAR adaptation with Deadline Hollywood, Mass said This team is so passionate about bringing Feyre’s journey for the big screen, and I can’t wait to see how everything comes together. Featured Image Via Paperback Paris bookadaptation FilmAdaptation Bright Days After Long Nights: How 4 Authors Reached Overnight Success We’ve often heard about our favourite authors’ overnight success with their debut novel. But what we often forget to mention while reciting their tales of success are the years hard work and dedication needed to achieve the success that appears to come overnight. In so many cases, years, if not decades, of effort and hard work led up to overnight success for the most famous authors out there. These authors are an inspiration to those struggling to get their break, and to aspiring authors who have forgotten that after every night, a day rises. The longer and darker the night, the brighter the day. 1. J.K. Rowling Image Via CNBC J.K. Rowling’s story starts in Manchester. Waiting for a delayed train, she imagines the character of her first book, which, years later, would break many records. The death of her mother, six months after she began writing Harry Potter, effected her deeply. She moved to Portugal, hoping for a fresh start, but did not feel better there. She married a man named Jorge Arantes and had a child, but the rocky marriage lasted merely thirteen months. She returned to England with her daughter, rendered penniless. She wrote in cafes with her daughter behind her in a pram. But her days of misery did not end when she finished her book. She faced much rejection before her manuscript was finally accepted by Bloomsbury. And merely three days after the novel was first published in the UK, Scholastic bid an exuberant amount of $100,000 for the American publishing rights. The long night ended on a bright day and today, she is the most recognized author in the world, with over 500 million copies of her work sold. 2. Veronica Roth Image Via Entrepeneur On the face of things, Veronica Roth’s story begins and ends with the fact that she wrote her debut novel Divergent during her college break and became a bestselling author. But just as there is a day after every night, there is a night before every day. Roth’s story, in fact, begins way back when she was twelve-years-old. She was very focused on her craft. The instant success of her first book was actually the result of years of studying the art of creative writing and taking creative writing classes. Her initial manuscript was rejected and even after it was accepted, she had to rewrite major portions of the book. 3. Sarah J. Maas Image Via Mashable Maas began writing what was to become her debut bestselling novel, Throne of Glass, at the age of sixteen. Her initial story, titled Queen of Glass was based on Cinderella. Its premise was “What if Cinderella was not a servant, but an assassin? And what if she didn’t attend the ball to meet the prince, but to kill him, instead?” The first few chapters of her novel were posted on FictionPress.com where it was one of the most popular stories until she decided to remove them to from the site in order to publish it. She started sending out queries to agents in 2008 until she found one in 2009. Her book was finally purchased by Bloomsbury in 2010 and published in 2012. Her night was indeed very long and dark but the brightness of her day made up for it! 4. Stephen King Image Via Consequence of Sound King did a variety of odd jobs to support his family, who lived in a small trailer. He was a janitor, gas pump attendant, and worker at an industrial laundry. He wrote just two pages of his debut bestseller Carrie and threw it away in anger and disappointment as it wasn’t any ‘good’. Lucky for him, his wife picked it up and read it. She inspired her husband to continue writing as she wanted to know what happened next. But just finishing the novel didn’t deliver him from his long night. He was rejected by no less that thirty different publishers, but his wife encouraged him not to give up until he found one. It wasn’t long before he became King of Horror. These are merely few examples. But they help us remind that after a night, however long and dark it may be, comes a brighter day (hopefully in the form of huge success!) Featured Image Via Bustle by Sarthak Khurana	cc/2019-30/en_head_0031.json.gz/line612
__label__wiki	0.522194	0.522194	MASONIC PHILOSOPHICAL SOCIETY Seeking to recapture the spirit of the Renaissance. philosophicalsociety.org Tag Archives: Courage Freemasonry and the Way of the Warrior [Part Two] November 4, 2018 By Aksel Suvari in History, Philosophy Tags: Battle of Sekigahara, Buddhism, Bushido, Bushido: The Soul of Japan, Chivalric code of honor, Co-Mason, Co-Masonry, Co-Masons, Compassion, Courage, Emperor, Feudal Japan, Freemason, Freemasonry, Freemasons, Honesty, Honor, Japan, Masonry, Masons, Minamoto Yoritomo, Miyomoto Musashi, Nitobe Inazo, Respect, Righteousness, Ronin, Samurai, Seppuku, Shoguns, The Book of Five Rings, Warrior Leave a comment Freemasonry, with its diverse symbols, allegories and philosophical lessons seeks to build the individual into a mighty warrior of morality, an overwhelming, unstoppable force for good. In this, Freemasonry and the Way of the Warrior have a common goal. What follows is Part Two of the post on Freemasonry and the Way of the Warrior. [Part One of the post can be read here.] The Book of Five Rings After his near-death experience at the battle of Sekigahara, Miyomoto Musashi devoted his life to the mastery of martial arts. As a ronin, Musashi did not possess the full privileges of a samurai but was still respected as a fearsome warrior. In his travels throughout Japan, Musashi fought at least Sixty-six duels to the death against some of the most notable samurai of Japan. During the Edo period, as this time in Japanese history is known, Japanese martial arts were extremely stratified, with each student claiming a lineage of teachers and students. The object of his journey was to test his own system against those of the most preeminent schools of his day. Upon arrival at a temple for a scheduled duel, Musashi was asked what style he practiced and who his teacher was. In characteristic fashion he is said to have replied, “The water, running in the river, is my teacher. The wind, blowing through the trees, is my teacher. The whole universe is my teacher and I am its student.” The result of this quest to refine was Musashi’s book of strategy known as the Go Rin No Sho or The Book of Five Rings. In this book, Musashi explains his fencing techniques and strategies of combat through the metaphor of five “rings” or “spheres”: Earth, Water, Air, Fire and Void. Though the book contains much technical information that relates specifically to Musashi’s techniques, it also contains many philosophical precepts that informed Musashi’s approach to both combat and life. Below are several of the most impactful quotes from the book: “You should not have any special fondness for a particular weapon, or anything else, for that matter. Too much is the same as not enough. Without imitating anyone else, you should have as much weaponry as suits you.” “Get beyond love and grief: exist for the good of Man.” “Today is victory over yourself of yesterday; tomorrow is your victory over lesser men.” “There is nothing outside of yourself that can ever enable you to get better, stronger, richer, quicker, or smarter. Everything is within. Everything exists. Seek nothing outside of yourself.” “The important thing is to polish wisdom and the mind in great detail. If you sharpen wisdom, you will understand what is just and unjust in society and also the good and the evil of this world; then you will come to know all kinds of arts and you will tread different ways. In this manner, no one in this world will succeed in deceiving you.” The Dokkodo In the last week of his life, Musashi, aware that he was soon going to die, began making preparations for his departure from the earthly plane. He gave away his possessions and made arrangements for the conclusion of his affairs. As part of this process he composed what is known as the Dokkodo or the Way of Walking Alone, Twenty-one aphorisms that summarized his philosophy and all that he had learned about the Way throughout his lifetime. It was dedicated to his most loyal student and shows us that Musashi was an extraordinarily deep thinker in the same line as the Stoics of the ancient Mediterranean who perceived much more in his life than mere sword fighting techniques. The Dokkodo: 1. Accept everything just the way it is. 2. Do not seek pleasure for its own sake. 3. Do not, under any circumstances, depend on a partial feeling. 4. Think lightly of yourself and deeply of the world. 5. Be detached from desire your whole life long. 6. Do not regret what you have done. 7. Never be jealous. 8. Never let yourself be saddened by a separation. 9. Resentment and complaint are appropriate neither for oneself or others. 10. Do not let yourself be guided by the feeling of lust or love. 11. In all things have no preferences. 12. Be indifferent to where you live. 13. Do not pursue the taste of good food. 14. Do not hold on to possessions you no longer need. 15. Do not act following customary beliefs. 16. Do not collect weapons or practice with weapons beyond what is useful. 17. Do not fear death. 18. Do not seek to possess either goods or fiefs for your old age. 19. Respect Buddha and the gods without counting on their help. 20. You may abandon your own body, but you must preserve your honor. 21. Never stray from the Way. Freemasonry and the Samurai Culture Though the samurai culture has long since vanished from the Earth its influence can still be felt throughout Eastern and Western culture. In the East, the samurai – Miyomoto Musashi in particular – are the model of righteous character, virtuous conduct and a courageous attitude in the face of a hostile and adversarial Universe. In the West they are equally mythologized and provide the model of conduct for every student of the martial arts and the philosophy that informs their practices. In the tenets of Bushido, we can recognize a simple and unwavering moral philosophy that any human being can use in their battles, both within and without. With the weapons of righteousness, benevolence, honesty and the armor of courage, honor, and duty, any challenge can be met, and any enemy overcome. In the modern world, many of these virtues have become unimportant to us in an age of instant gratification and self-involvement. It seems now that our only duty is to ourselves and the idea of sacrificing one’s life for one’s principles seems archaic and absurd. But the samurai remind us that these principles, these virtues are the necessary companions of anyone who would achieve great feat of benefiting mankind and protecting species from the evil which lurks among us. In this, Freemasonry and Bushido have a common goal. Freemasonry, with its diverse symbols, allegories and philosophical lessons seeks to build the individual into a mighty warrior of morality, an overwhelming, unstoppable force for good. Freemasonry understands, as the samurai did, that each and every one of us is engaged in a battle between good and evil. This battle is fought within ourselves, within our hearts and our characters and it is fought without against the tyrants of the material world who would enslave and destroy humanity. This is a battle worth fighting, and though the Way must be walked alone, the battle is fought side to side with all human beings. Freemasonry and the Way of the Warrior [Part I] October 28, 2018 By Aksel Suvari in History, Philosophy Tags: Battle of Sekigahara, Buddhism, Bushido, Bushido: The Soul of Japan, Chivalric code of honor, Co-Mason, Co-Masonry, Co-Masons, Compassion, Courage, Emperor, Feudal Japan, Freemason, Freemasonry, Freemasons, Honesty, Honor, Japan, Masonry, Masons, Minamoto Yoritomo, Miyomoto Musashi, Nitobe Inazo, Respect, Righteousness, Ronin, Samurai, Seppuku, Shoguns, Warrior 3 Comments In the days of feudal Japan, from the 12th to the 16th centuries, the small island was ruled by ruthless Shoguns, warlords who controlled fiefdoms and battled one another for control of the island’s resources. They were aided in these fights by Samurai, noble warriors who were trained extensively in every martial art, from mounted archery to sword fighting, bare knuckle boxing and grappling. Knights and generals, these warriors were more than mere soldiers. Their martial prowess was dependent on their mental and spiritual discipline, discipline that was carefully cultivated over a lifetime of training. What is a Warrior? Throughout human history, in every society that has ever existed, there have been warriors. In the literal sense, a warrior is an individual who is actively engaged in the practice of warfare. More broadly however, we can think of warriors as those who are engaged in struggle. But what does it mean to be a warrior? In all interpretations of the word, a warrior is not a mere barbarian who uses brute strength to crush and dominate those weaker than himself. The term “warrior” is used to describe an individual who has mastered their capacity for physical violence and yet abides by a code of discipline that regulates that capacity. This code of discipline is nearly always philosophical or religious in nature and governs every aspect of the warrior’s life. However, in our modern world, the necessity for familiarity with violence has diminished and along with it our need for warriors. Has that energy been lost or has it been re-directed elsewhere? The Samurai and Bushido The history of feudal Japan is an unending parade of warlords, known as shoguns, violently attempting to rule the fractured island. At this time, the 12th through the 18th century, Japan was not a united island but was instead divided among numerous clans, all competing for influence and control. This was the environment that gave birth to the samurai. The word “samurai” is derived from a Japanese word meaning “one who serves nobility” and was initially a general title for a civil servant. After Minamoto Yoritomo created the first permanent shogunate and established himself as Emperor, he codified the laws governing the samurai’s conduct. Just as European knights of the same time period lived by a chivalric code of honor, so too did the samurai abide by a moral, ethical and philosophical creed. Known as bushido, or, the way of the warrior, this creed was heavily influenced by the emergence of Zen Buddhism into Japanese culture. Buddhism’s teachings on reincarnation and the immortality of the soul made death the focus of the samurai. A samurai was to meditate daily upon his own death, visualizing it in many forms and living through each one in his imagination so that, when the time came, he would be prepared to meet any form of death that came to him without fear or regret. Because their teachings nullified the finality of death, the central tenet of bushido held that a samurai was to uphold his honor at all costs, including that of his life, in the performance of his duty. Duty and honor were sacred principles to the samurai, each dependent on the other. For a samurai to bring shame upon himself or his lord by failing to perform his duty with courage was an unthinkable shame that necessitated the ending of his life by his own hand, a blood atonement for his failure. The practice of seppuku – ritual suicide – is seen as barbaric by our modern culture but was the inevitable end of a disgraced samurai and was seen as the only way to reclaim his honor. Bushido: The Way of the Warrior Bushido, the Way of the Warrior, had 8 central tenets or virtues that were expressed by famed Japanese writer Nitobe Inazo in his book Bushido: The Soul of Japan. (1) Righteousness – Be acutely honest throughout your dealings with all people. Believe in justice, not from other people, but from yourself. To the true warrior, all points of view are deeply considered regarding honesty, justice and integrity. Warriors make a full commitment to their decisions. (2) Heroic Courage – Hiding like a turtle in a shell is not living at all. A true warrior must have heroic courage. It is absolutely risky. It is living life completely, fully and wonderfully. Heroic courage is not blind. It is intelligent and strong. (3) Compassion – Through intense training and hard work the true warrior becomes quick and strong. They are not as most people. They develop a power that must be used for good. They have compassion. They help their fellow men at every opportunity. If an opportunity does not arise, they go out of their way to find one. (4) Respect – True warriors have no reason to be cruel. They do not need to prove their strength. Warriors are not only respected for their strength in battle, but also by their dealings with others. The true strength of a warrior becomes apparent during difficult times. (5) Honesty – When warriors say that they will perform an action, it is as good as done. Nothing will stop them from completing what they say they will do. They do not have to ‘give their word’. They do not have to ‘promise’. Speaking and doing are the same action. (6) Honor – Warriors have only one judge of honor and character, and this is themselves. Decisions they make and how these decisions are carried out are a reflection of whom they truly are. You cannot hide from yourself. (7) Duty and Loyalty – Warriors are responsible for everything that they have done and everything that they have said, and all of the consequences that follow. They are immensely loyal to all of those in their care. To everyone that they are responsible for, they remain fiercely true. (8) Self-Control – A Warrior’s strong foundation. The Legendary Samurai Miyomoto Musashi Miyomoto Musashi is perhaps the most legendary samurai to have ever existed. Like all legends, concrete details about his early life are difficult to verify, as we must rely on feudal Japanese sources which are incomplete as a historical record. What is known is that, at age 7, Musashi was taken from his home by an uncle and raised in a Buddhist monastery, practicing extreme physical discipline and meditation. Monasteries and martial arts schools were indistinguishable in the days of feudal Japan as it was believed that physical conditioning and martial skill would enhance the meditative practice of the student. At the age of 13, Musashi fought his first duel to the death against a grown man and was victorious, swiftly ending the contest. At the age of 16, Musashi participated in the Battle of Sekigahara, a pivotal battle between the forces of Western and Eastern Japan, as the country was split at the time. Musashi fought on the losing side of the battle and was severely wounded. Left for dead on the battle field, Musashi survived the ordeal. However, as his lord had been killed in the fighting, Musashi was no longer considered a samurai and instead traveled Japan as a ronin, a warrior with no allegiance to a master. The Illusion That Is Caste St. John the Evangelist, Involution, and Freemasonry Fear and Freemasonry The Architect of the Nuclear Age – Does the Expansion of Knowledge Always Benefit Humanity? Your Shoes are My Shoes Formal Science rosariomenocalcomaso… on The Architect of the Nuclear A… NANA ADJEI on Your Shoes are My Shoes William on The Real Reason a Masonic Temp… Baseball: America… on Freemasonic Influences on the… rosariomenocalcomaso… on Freemasonry and the Way of the… M.P.S. Authors	cc/2019-30/en_head_0031.json.gz/line619
__label__wiki	0.808898	0.808898	Home > Articles > Profiles > U.S. Army Partners With Thurgood Marshall College Fund U.S. Army Partners With Thurgood Marshall College Fund By themainAdmin on May 1, 2013 U.S. Army Partnership with Thurgood Marshall College Fund Promotes Opportunities for College Scholarships (BLACK PR WIRE) – Alexandria, Va. (Apr. 29, 2013) — The U.S. Army and the Thurgood Marshall College Fund (TMCF) have completed a cooperative arrangement designed to ensure students have greater access to the education, resources and training necessary to become leaders in science, technology, engineering and math (STEM) related Army career fields. Through this innovative outreach program, developed jointly between the U.S. Army Cadet Command and TMCF, TMCF representatives worked with more than 452 high schools, community based organizations and other local groups to provide information about the U.S. Army Reserve Officers’ Training Corp (ROTC) program. The outreach program, piloted in New York City, Los Angeles and Richmond-Petersburg, Va., was conducted between September 2012 and March 2013. Over the six month campaign, TMCF representatives provided information to more than 628 school administrators, counselors, parents and students. The information highlighted the two-, three- or four-year Army ROTC scholarship available to high-achieving students. Army ROTC scholarships are awarded based on student merit and grades and include up to full tuition scholarships, option for room and board in place of tuition, additional allowances for books and fees for Cadets, as well as a monthly living allowance. Those interested in learning more about Army ROTC were directed to a TMCF-Army program website and were then contacted by Army ROTC representatives. The program goal is to identify and attract students with a 3.7 high school cumulative GPA; minimum scores of 1260 SAT and 27 ACT; and a varsity letter winner or equivalent athletic achievement. “Identifying top quality scholar-athlete-leaders (SALs) is critical to the strength of our Army, and our nation,” said Maj. Gen. Jeff Smith, commander of U.S. Army Cadet Command and Fort Knox. “Together with the Thurgood Marshall College Fund, we’re working to address the shortage of African American students pursuing careers in STEM, and giving students an opportunity to become our nation’s next generation of exceptional leaders, whether as active duty Army officers or through the U.S. Army Reserve or Army National Guard as citizen-soldiers.” With careers in STEM related fields projected to grow by 29 percent between 2010 and 2020, the Army and TMCF share a commitment to preparing minority students for academic and career success. “TMCF is committed to creating the next generation of leaders within the STEM fields. This program with the U.S. Army has given us the opportunity to expand our mission to high schools as we prepare to launch our new High School to Higher Education (H2H) Program. Preparing students at the K-12 level is critical and partnerships and innovative programs like this will create a new pipeline of talented students to our member-schools,” said Johnny C. Taylor, Jr., President and CEO of the Thurgood Marshall College Fund. College graduates in the STEM fields can chart technology careers in the U.S. Army. As one of the nation’s largest providers of college scholarships, the U.S. Army has provided more than $10 million to students at HBCUs. Further, the Army Research Laboratory (ARL) has formed close working arrangements with Historically Black Colleges and Universities/Minority Institutions (HBCU/MI) to provide research programs and internships that address the projected shortfall of scientists and engineers among diverse communities. TMCF supports and represents nearly 300,000 students attending its 47 member-schools that include public Historically Black Colleges and Universities (HBCUs), medical and law schools. To learn about and apply for Army ROTC scholarships, please visit www.goarmy.com/rotc. To learn more about Thurgood Marshall College Fund programs and scholarship opportunities, please visit www.thurgoodmarshallcollegefund.org About AMRG The Army Marketing and Research Group (AMRG) is the U.S. Army’s national marketing, marketing research and analysis and accessions analysis organization. The AMRG develops innovative and effective ways to: connect with the American public and make the Army more accessible and understood; increase awareness of both the benefits and value of Army service; and motivate the most qualified candidates to choose the Army as their service of first choice. amrgarmy rotc scholarshipsscience technology engineering mathSTEMThurgood Marshall College Fundtmcfu.s. army Minorities are Answer To U.S. Engineer Shortage	cc/2019-30/en_head_0031.json.gz/line626
__label__cc	0.7251	0.2749	Andrea Monti On ICT law, politics and other digital stuff A short bio Legalia 日本語 – Italiano Posted on September 11, 2017 by Andrea Monti A CRISPR-Cas9 Research and the GDPR. A case-study Personal genetic data processing is routinely believed to be subjected to Data Protection Regulations and in particular to the EU General Data Protection Regulation. While this is – in general – true, it is important to know exactly when and until where those regulation can affect the genetic research and – therefore – the possibility to find a cure for genetic diseases. Clearly, an actual life-or-death problem. In what would actually fits Cicero’s famous summus jus, summa injuria, GDPR and privacy concerns might be interpreted in a way to actually hampers scientific research while not providing any benefit whatsoever to the data subject – a clear example of the Stupidity Golden Law. Therefore it is – verbatim – vital that those provisions be enforced by understanding that Data Protection is neither the only nor the most important right to be protected and that there are superseding rights – such as saving human life and avoid the pain of a human being – that can’t be compromised by the GDPR or whatever data-protection related legislation. Actually, by reading the GDPR provisions, these statements sound obvious: Whereas 2 of the GDPR states, indeed that This Regulation is intended to contribute to the accomplishment of an area of freedom, security and justice and of an economic union, to economic and social progress, to the strengthening and the convergence of the economies within the internal market, and to the well-being of natural persons (emphasis added) But the reality of the “daily operations” shows that the lack of knowledge about how scientific research is carried out, Data Protection Authority fines’ threat and unscrupulous advices coming from under-prepared, self-appointed “GDPR experts” create unnecessary burden to the genetic research, this latter being a notion often used – even at Institutional level – without a clear understanding of its meaning. “Genetic research”, indeed, is an umbrella definition covering different activities, from genetic sequences biobanks management to bioengineering, and a lot of methods hardly fitting into a “one-catch-all” description. This is why, when talking about GDPR and genetic research, the very first thing to do is to look at what the researchers want and by what means they want to achieve the result. Only by answering these two fundamental question it will be possible to assess the legal constraints (if any) to the project. An example comes from a research paper recently published by Nature, Correction of a pathogenic gene mutation in human embryos, exploring the hypothesis that some genetic mutations might be corrected in human gametes or early embryos by way of the CRISPRS-Cas9 technique. Actually, this paper has nothing to do with the GDPR since its authors comes from South Corea, China and USA, but exactly for this reason it is interesting to look at it from an EU viewpoint. Let’s start with the object of the research, the MYBPC3 gene mutation related to Hypertrophic Cardiomyopathy or HCM, a heart-related genetic disease, investigated because of its high frequency in human population: MYBPC3 mutation is found at frequencies ranging from 2% to 8%3 in major Indian populations … HCM … has an estimated prevalence of 1:500 in adults and manifests clinically with heart failure. We understand from this “opening statement” that this research involves the processing of ethnicities data AND/OR patient-related data. A further reading, reveals that an area of interest is preventing second-generation transmission. This might imply the processing of patient’s ancestors, relatives and descendant (while probably limited to the yes/no information on having developed the disease): One approach for preventing second-generation transmission is preimplantation genetic diagnosis (PGD) followed by selection of non-mutant embryos for transfer in the context of an in vitro fertilization (IVF) cycle. When only one parent carries a heterozygous mutation, 50% of the embryos should be mutation-free and available for transfer, while the remaining carrier embryos are discarded. Gene correction would rescue mutant embryos, increase the number of embryos available for transfer and ultimately improve pregnancy rates. At least the genetic and personal data of an identified individual have been processed by the researchers: An adult male patient with well-documented familial HCM caused by a heterozygous dominant 4-bp GAGT deletion (g.9836_9839 del., NC_000011.10) in exon 16 of MYBPC3, currently managed with an implantable cardioverter defibrillator and antiarrhythmic medications, agreed to donate skin, blood and semen samples. at which have been added the genetic information of a set of 19 embryos used as control group, revealing that: Sequencing of 83 individual blastomeres collected from 19 control embryos revealed that 9 (47.4%) were homozygous wild type (MYBPC3WT/WT) and 10 (52.6%) were heterozygous, carrying the wild-type maternal and mutant paternal alleles (MYBPC3WT/∆GAGT) … This distribution was expected and confirms that the heterozygous patient sperm sample contained equal numbers of wild-type and mutant spermatozoa with similar motility and fertilization efficiency. The personal data of the donors are known and used without further anonymization, as it can be deduced by the informed consent asked the donors: The robust regulatory framework set forth by OHSU clearly specified that informed consent could be obtained only if prospective donors were made aware of the sensitive nature of the study. The consent form clearly presented the scientific rationale for the study; stating (in both the Clinical Research Consent Summary and the Purpose section of the consent form) that gene editing tools will be used on eggs, sperm, and/or embryos to evaluate the safety and efficacy of gene correction for heritable diseases. Additionally, consent form language clearly stated that genetic testing would be conducted in addition to creation of preimplantation embryos and embryonic stem cell lines for in vitro analyses and stored for future use. The incidental discovery of genetic information that might be important to the donors’ healthcare is a possible outcome when engaging in this type of research. Informed consent documents provided the donor with the option to receive this information or not (emphasis added). Written informed consent was obtained before all study-related procedures on current, IRB-approved, study-specific consent forms. This quote shows that the researcher are able to backtrace the donors’ identity in every phase of their activity, as is made clear from the possibility, given the donor, to be informed of important health-related issues that might come as a research’s “collateral effect”. The patient recruiting part of the research shows other area of genetic/health-related personal data: Healthy gamete donors were recruited locally, via print and web-based advertising. Homozygous and heterozygous adult patients with known heritable MYBPC3 mutations were sought; however, only three adult heterozygous patients were identified by OHSU Knight Cardiovascular Institute physicians and referred to the research team (emphasis added), one of whom agreed to participate in the study. Controlled ovarian stimulation Research oocyte donors were evaluated before study inclusion as previously reported. As always in this kind of researches, the involved data subjects belongs to two categories: the healthy (acting as a control group) and the disease-affected and are selected through a pre-screening that involves sensitive data processing but the paper doesn’t account for the personal data processing cares adopted in this stage of the research. To summarize, this is the personal information gathering process that can be deduced from the paper: a group of scientists belonging to different institutions located in different part of the world define the goal of the research and its object(s) such as biosamples, cellular lines etc., the research group runs a direct search for healthy people, and asks an hospital to select patients potentially interested in the research, both the patients and the healthy people data are processed throughout the whole research so that each individual’s identity was known to the researchers, while an informed consent has been requested to the people who agreed to participate into the study, there are no information about how the pre-screening phase has been carried out by the hospital that selected the prospect patients, a specific and identified individual has been the target of the researcher attention, the researchers know that the patient’s ancestors and descendant might be ill as well, but the paper carries no information about the scientists to know patient relatives’ identity, part of the research is based on statistical information involving ethnic origins. The EU-centric GDPR perspective From an EU-centric information protection perspective this process shows some grey areas in the personal information processing, mainly in the way to provide information and gather consent from the involved people. An ideal model to handle genetic/health-related personal information according the EU legislation should assess, as a primary step, which of the collected data fall within the GDPR Personal Information definition (information that identify a natural person or make her identifiable). Simple things first: the ethnicities of the disease-affected people are not subjected to the GDPR since these are just statistical information, while selected (and rejected) patients, their relatives and healthy people clearly fall in the data-subject’s category. Now the difficult one: the information exctracted by DNA parts that are “cut” by the CRISPR-Cas9 method might not easily be included in the “personal information” legal definition. There is a point, indeed, where information related to an individual lose its “quality” and become “neutral”, therefore not being regulated by the GDPR anymore: no normal person would argue that knowing the chemical elements we are made of is a personal information processing. Coming to a less extreme example, the portion of DNA to be edited to remove a defective part clearly belongs to a specific human being, but the information it provides lose its “identifying power”, exactly because the results of the editing process can be extended to whoever shares the same pathological condition and are no more unequivocally connected to a single, specific person. In other words, this is a variation of the classical Sorites Paradox that, in its legal dress, becomes: is it possible that at a certain point, after tearing in pieces an information related to an individual, these information while still connected to him, lose its quality of “personal information”? The second thing to assess is which of the collected data fall within the GDPR scope (protection of personal information to be processed by way of a filing system) and now things become tricky. As far as it can be said by reading the paper, while the control group information have been somehow organized in a structure and then surely should be processed according to the GDPR, at least in relationship to the accidental discovery of health issues, the single, research-participant patient data are processed individually. This means that while being “personal information”, they might not be subjected to the GDPR because of the lack of a filing system as a part of the processing. Third, the purpose of the processing must be defined. As it is clearly stated by the scientists, the goal of the research is to look for a way to use CRISPR-Cas9 to “delete” a specific mutation. This means that the processing of genetic information of the involved people is a tool to an end, and the end in itself. In other words, the researchers’ expected outcome is an answer to a general question and not a result tailored on the patient’s needs/conditions. As far as this distinction is thin, there is a difference between the processing of personal information as, no pun intended, purpose of the processing, and the processing of personal information as a way to manipulate chemical, person-unrelated portions of a genetic compound. Scientific (and, in particular) genetic researches are backed by a more-than-legitimate interest, and the way they work makes very hard to collect the consent to personal information processing for every collateral path of investigation that might stem from the main research tree. A balanced approach between the right of the data subject and the “greater good” pursued by the scientist should be the solution of choice, that should take into account, as the GDPR itself say, the risk for the dignity and other fundamental rights and the need of letting Science runs as fast as it can. So, to come to practical conclusions, the paper commented in this article shows that there are several kind of personal information involved, and several different processing purposes with different level of risk. Statistical, ethnicity-related information, are just out of the GDPR’s reach. While not at a high risk, patients clinical information during the selection phase, selected patients personal information and control group information, as soon as it are processed by way of a filing system should be handled under the control of the hospital’s ethical committee. This means informing both the patients themselves and the people belonging to the control group and gathering a wide consent, as stated by GDPR’s Whereas 33 It is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. Therefore, data subjects should be allowed to give their consent to certain areas of scientific research when in keeping with recognized ethical standards for scientific research. Data subjects should have the opportunity to give their consent only to certain areas of research or parts of research projects to the extent allowed by the intended purpose.1 Of course, if the process is fully anonymized, for instance by having the hospital keeping the patient/volunteer identity separate from the rest of the medical record, and having a third party to collect and organize the information, the researchers wouldn’t be subjected to the GDPR because there is no way they could backtrace participants’ personal identities. Should this anonymization process become a standard, this would represent an acceptable balancement between data subjects rights and Science’s needs. The part that is still to be discussed, is the one related to the actual DNA manipulation. While the DNA clearly belongs to an identified subject, the aim of the data processing is related to the chemical compound’s behaviour and not to a natural person as such. Again, under a fair balancement between individual rights and public needs, there is room to conclude that in this latter case the GDPR shouldn’t be enforced. Nota Bene: while this Whereas actually give the possibility to broaden the consent up to researches not yet carried on, it is important to understand that the area of researches must be clearly indicated. On one hand this sounds reasonable, on the other hand the need to clearly specify the area of research might create future hurdles when, by chance, specific personal information would become useful in a field different than the original one. The cost of coming back to the patient to extend the consent could be a blocking factor in term of costs and administrative burdens. ↩ CategoriesBiotech and Bioinformatics One Reply to “A CRISPR-Cas9 Research and the GDPR. A case-study” Robert Madge says: Andrea, in the specific case you are documenting, there are some implementation issues to be considered in order to maximise data protection for individuals while achieving the research goals, but this seems to be fully compatible with the way the GDPR is drafted. Indeed, in most cases, I do not think that the GDPR would call for a consent process. This research could be carried out in compliance with the GDPR by relying on the Article 6.1(f) lawful basis of legitimate interest, combined with the Article 9.1(j) derogation for utilising special categories of data (such as health records and DNA) in pursuit of scientific research. Of course, consent could be used initially, and further scientific research (subject to suitable safeguards) could be done as an addition purpose, under Article 6.4. It is not possible to comment in detail on the first stage of data gathering about individuals, prior to the research, since no information is given about that. However, from the stage when the individual is given the option to receive information in the future that might be important to them, the data can be handled via two paths: fully anonymised data if the individual does not choose to be informed or pseudonymised if it might be necessary later to create a linkage. (Special care is needed if the sample is so small that even ‘anonymous’ data could be re-linked later.) All in all, an interesting case, but I think that it should be bread and butter for implementation in compliance with the GDPR. Previous PostPrevious Business Insider and the Western Centric Arrogance (Oversimplification, again) Next PostNext The EUIPO wrong notion of Internet Domains Biotech and Bioinformatics (35) Biobanks (18) Industry and Market (5) NDNAD (7) Conferences and Events (9) Copyright and IP (46) Digital Video (1) Corporate Watchdog (10) E-biz (48) Free the TLC market! (19) Gambling online (1) E-gov (13) Digital Signature (6) OnLine Public Services (3) Encryption and Law Enforcement (6) Internet Governance (49) IT Security (114) Computer Crimes (64) Corporate Management (18) Data Retention (25) Digital investigations and Forensics (38) Lead Story (4) Netculture (67) PR and Crisis Management (12) Privacy and Data Protection (121) Unsolicited communications (5) Workplace privacy (2) Software and Open Source (30) © 2000 – 2017 Andrea Monti	cc/2019-30/en_head_0031.json.gz/line630
__label__wiki	0.672085	0.672085	Texas court rules strip searches not a religious violation By Kate Shellnutt on April 11, 2012 at 1:44 PM (Fotolia) A federal court in Texas ruled last week against a prisoner who said forcing him to undergo a strip search violated his Christian beliefs regarding modesty. Religion Clause reported on the case, Robledo v. Leal, in which the man claimed that body cavity searches conducted at the Texas Department of Criminal Justice’s maximum-security prison in Abilene deprived him of his free exercise of religion, particularly his belief that men should only be naked before their wives. Additionally, he claimed that the searches were done in retaliation for his attendance of Catholic chapel services in the facility, the blog said. A federal magistrate judge dismissed the claims as frivolous. The idea of invasive searches perhaps violating religious modesty came up a couple of years ago when the Transportation Security Administration began conducting more pat-downs at airports. Some religious organizations—from Southern Baptists to Muslims—brought up the question of whether strangers touching and groping private places could be a First Amendment Issue. Get Religion covered the subject and quoted an AP story: The Transportation Security Administration says airline passengers won’t get out of body imaging screening or pat-downs based on their religious beliefs. TSA chief John Pistole told the Senate Homeland Security Committee on Tuesday that passengers who refuse to go through a full-body scanner machine and reject a pat-down won’t be allowed to board, even if they turned down the in-depth screening for religious reasons…. Civil rights groups contend the more intensive screening violates civil liberties including freedom of religion, the right to privacy and the constitutional protection against unreasonable searches.	cc/2019-30/en_head_0031.json.gz/line632
__label__wiki	0.605002	0.605002	May.8,2010 Darwin's Proposed 'Tree of Life' source:http://darwin-online.org.uk/life10b.html Darwin believed that all forms of life existing on this planet arose from “a few…or one”1 form(s) of life. While mulling over this idea, he sketched in one of his notebooks something that has been an icon of evolution ever since: the tree of life. His idea was that if you could properly trace the evolutionary relationships of all organisms, you would find that they would form a “giant tree,” with all the “branches” eventually tracing back to the one or few life forms that started all of evolution. Since that time, evolutionists have been trying to construct such a “tree of life,” but they have met with limited success. The problem is that different methods for constructing the “tree of life” give rather different results. For example, if you look at the morphology (form and structure) of organisms, you construct one “tree.” However, if you look at common molecules, such as the RNA found in a cell’s ribosomes, you get a different “tree.” As Masami Hasegawa and colleagues wrote: That molecular evidence typically squares with morphological patterns is a view held by many biologists, but interestingly, by relatively few systematists. Most of the latter know that the two lines of evidence may often be incongruent.2 Once scientists got to the point where they could sequence many, many genes and compare the genes in one organism directly to the genes in another organism, it was thought that a “definitive tree of life” would be produced. After all, since evolution is supposed to occur via mutations in the genome being acted on by natural selection, genetics should provide a clear map of how evolution progressed. The problem is that DNA has simply muddied the waters even more when it comes to evolutionary relationships. Indeed, it has caused some biologists to say that evolution cannot even be represented by a tree. The first problem is that concentrating on different genes produces different evolutionary “trees.” For example, Karen Nelson and her colleagues identified 33 genes that are common to two bacteria that are thought by evolutionists to be quite ancient, Thermotoga and Aquifex. They wanted to use those genes to construct evolutionary relationships between these two bacteria as well as several other single-celled organisms. Specifically, they wanted to compare their evolutionary “trees” to the ones that had already been constructed by comparing the RNA found in the ribosomes of the organisms. As a review article in Science puts it: They found, she says, that “there’s no consistent picture [of] where these two organisms fall.” As she described at the meeting, Nelson first identified 33 genes that are found in both Thermotoga and Aquifex, as well as in an additional 10 bacterial species, four Archaea, and the eukaryote yeast. She then used the base changes in the genes of the various organisms to construct separate trees reflecting the evolutionary history of each gene. “We could find only three situations that supported the branching order [derived] from the ribosomal subunit,” she said. “It was impossible to say whether Aquifex or Thermotoga was more ancient.”3 So the “trees” produced by genetic analysis differed depending on the gene. In only three of the 33 genes could they reproduce the RNA “trees” that had already been established, and they couldn’t even decide which of the two bacteria came first! Now, of course, bacterial genetics can be hard to understand because bacteria “swap” genes all of the time. Bacteria can even “pick up” genes from a dead bacterium of another species through a process called transformation. Thus, it might not be all that surprising to find that it is difficult to “tease out” the evolutionary relationships of bacteria, as all that gene-swapping would blur any genetic relationships. Surely, however, that problem goes away once you consider the animals. After all, we aren’t familiar with any cases in which animals swap genes among species. Thus, genetic analyses of animals should produce clear evolutionary “trees,” right? Wrong! Biologist Michael Syvanen (University of California Davis) compared 2,000 genes that are common in a diverse set of animals like frogs, fruit flies, tunicates, nematodes, and sea urchins. He also included people in the analysis. This should have allowed him to determine the evolutionary relationships among the people and the animals. The problem is that he couldn’t. As the New Scientist article that reported on his research says: The problem was that different genes told contradictory evolutionary stories. This was especially true of sea-squirt genes. Conventionally, sea squirts – also known as tunicates – are lumped together with frogs, humans and other vertebrates in the phylum Chordata, but the genes were sending mixed signals. Some genes did indeed cluster within the chordates, but others indicated that tunicates should be placed with sea urchins, which aren’t chordates. “Roughly 50 per cent of its genes have one evolutionary history and 50 per cent another,” Syvanen says.4 The second problem, which I consider to be even more serious, is that very similar genes show up in animals that no evolutionist wants to believe are closely related to one another. For example, two studies published in Current Biology, 5,6 show that the hearing gene (Prestin) is very similar in bats and bottlenose dolphins. No evolutionist would suggest that there is a common echolocating ancestor between these two organisms, yet if that gene were used to construct an evolutionary “tree,” it would most certainly show that they have a recent common ancestor. To give an even more dramatic example of this problem, consider the Pax-6 gene, which was originally discovered because of its role in the development of eyes. When you compare Pax-6 genes from different organisms with eyes, you find amazing similarity. For example, the Pax-6 gene in humans and Murine rats produce identical proteins. The protein produced by the zebrafish Pax-6 gene is 97% similar to the protein in humans. Fruit flies, sea urchins, cephalopods, and nematodes all have Pax-6 genes that produce proteins that are more than 90% similar to the protein produced by the human Pax-6 gene.7 As Ernst Mayr says: It was therefore at first concluded that all eyes were derived from a single ancestral eye with the Pax 6 gene. But then the geneticist also found Pax 6 in species without eyes, and proposed that they must have descended from ancestors with eyes. However, this scenario turned out to be quite improbable and the wide distribution of Pax 6 required a different explanation. It is now believed that Pax 6, even before the origin of eyes, had an unknown function in eyeless organisms, and was subsequently recruited for its role as an eye organizer.8 So despite the fact that the Pax-6 gene is incredibly similar among many animals with eyes, we cannot assume these animals all had a common ancestor with eyes. Indeed, Mayr suggests in the same discussion that evolutionists believe eyes have developed in 40 independent evolutionary lines. Furthermore, we have to assume that the Pax-6 gene had some “unknown” function in organisms without eyes, but it was then “recruited” for eye development in organisms that developed eyes. Does this look like a coherent view of evolution? Of course not! No wonder many biologists are arguing that the concept of a “tree of life” must be scrapped altogether. As the New Scientist article in reference (4) reports, evolutionary biologist Eric Bapteste says: We have no evidence at all that the tree of life is a reality. Or, as W. Ford Doolittle says in Science: Molecular phylogeneticists will have failed to find the “true tree,” not because their methods are inadequate or because they have chosen the wrong genes, but because the history of life cannot properly be represented as a tree.9 1. Charles Darwin, On the Origin of Species by Means of Natural Selection, or the Preservation of Favoured Races in the Struggle for Life, London: John Murray, 1859, p. 490 available online 2. Masami Hasegawa, Jun Adachi, Michel C. Milinkovitch, “Novel Phylogeny of Whales Supported by Total Molecular Evidence,” J. Mol. Ev., 44:S117-S120, 1997 3. Elizabeth Pennisi, “Microbes, Immunity, and Disease: Is It Time to Uproot the Tree of Life?” Science 284:1305-1307, 1999 available online with subscription 4. Graham Lawton, “Why Darwin was wrong about the tree of life,” New Scientist Magazine, issue 2692, 2009, available online with subscription 5. Yiang Liu, et al., “Convergent sequence evolution between echolocating bats and dolphins,” Current Biology 20:R53 – 4, 2010 6. Ying Li, et al., “The hearing gene Prestin unites echolocating bats and whales,” Current Biology 20:R55 – 6, 2010 7. Colin Berry, “An unexpected light,” QJM: An International Journal of Medicine 95:61–2, 2002 available online 8. Ernst Mayr, What Evolution Is,Basic Books, 2001, p. 113. 9. W. Ford Doolittle, “Phylogenetic Classification and the Universal Tree ,” Science 264:2124-2128, 1999 available online with subscription On a taxonomic streak are you? Well, you’re right. Yup, there is plenty of disagreement on the “tree” of life, and even scientists who have used a “bush” as a much more apt metaphor for a long time have seriously different ideas about what the big picture really is. Even the entire fields of cladistics and systematics have significant disagreements both between and among each other. There are even different definitions of “species”! That’s quite a lot of disagreement. Doesn’t sound like a High Priesthood at all, does it? But none of that makes evolution by natural selection any less true. Btw, how do you argue on one hand that evolutionists follow their dogma like a religious order and thus are not practicing science AND on the other hand, criticize evolutionists for revising previous information and disagreeing? Which one is it? Actually, it sounds JUST like a high priesthood. You see, rather than following the data, the high priests of evolution decide on certain dogma. If you don’t question that dogma, you are free to argue about the fine points. However, if you question the dogma you are excommunicated. So you are free to argue about the MECHANISMS of evolution – you are just not allowed to doubt the DOGMA that evolution happened. Of course disagreement amongst evolutionists doesn’t make evolution any less true. What makes it clear that evolution is not true is the fact that the DATA disagree with the predictions of evolution – especially the data that come from DNA! As explained above, evolutionists act like any other high priesthood. You are allowed to disagree on certain details (like groups within ANY church do). You just can’t disagree with the dogma. How do you tell the difference between dogma and settle science? It’s very simple – the proponents of settled science aren’t afraid of debating what they consider settled science. Given that many evolutionists are terrified of debating the reality of evolution, it is clear that evolution is more dogma than science. Babies and Morality Now This is Interesting…	cc/2019-30/en_head_0031.json.gz/line634
__label__wiki	0.748187	0.748187	Lakeshore West bridge work nears completion November 19, 2018 November 19, 2018 / Metrolinx Stunning video and photos of bridge construction along the Lakeshore West Corridor show some incredible engineering feats and indicate service disruptions will soon be coming to an end. They’ve been working around the clock on weekends to bring life to century-old bridges and transform rail corridors for future GO Transit service expansion. Construction crews have made significant progress along Lakeshore West and, while nearing completion, have been delighted to see history before their eyes. The work has included the removal of a 107-year-old bridge span, the rehabilitation of existing bridge piers and other parts that are more than 130 years old. For many of the crew members, the work is like a time capsule. “It is fascinating to see how bridge construction methods have changed over time” said Michael Szewczyk, a project coordinator who’s been involved with the bridge work on the Lakeshore West Corridor. For Szewczyk and his team, the deteriorating state of the bridges meant they had to install 2,400 feet of concrete tie track on the bridges and their approaches. The work is necessary for long-term improvement to the rail bridge infrastructure in the Greater Toronto Hamilton Area. “It is always a bit sad to see the end of such a historic piece of infrastructure, but as we all know, nothing lasts forever.” Of course, the work doesn’t come without challenges. Customers have had to endure weekend service reductions, while crews have to deal with challenges that are both technical and weather related. Two more weekends are scheduled for the work and, while the success of the project boils down to its on-time completion, for the crews involved, it’s about the lessons learned and the memories created. “This project has highlighted the success that can be achieved with good cooperation and communication between all members of the team,” Szewczyk said. “I have been very happy with the work everyone has achieved to date,” he said. “One of the most memorable moments has to be the first liftoff of the first old span being removed and the final touchdown of the last span.” The work will ensure the longevity of the tracks for decades to come – and memories that will last a lifetime for Szewczyk’s crew, too. You can read more about the Lakeshore West Bridge work here: http://www.metrolinx.com/en/greaterregion/projects/lakeshorewestbridges.aspx Written by Nitish Bissonauth, a bilingual media relations and issues specialist with Metrolinx and a former broadcast journalist. Blog, GO expansion, GO Transit, Metrolinx, News, Progress ← Cooksville GO Station bridge lift video ‘Build it and they will come’: CUTA Conference 2018 →	cc/2019-30/en_head_0031.json.gz/line635
__label__wiki	0.925051	0.925051	Watch Eric Clapton Cover Prince’s ‘Purple Rain’ Kevin Winter / Ethan Miller, Getty Images One legendary guitar player honored another last night, when Eric Clapton performed Prince's "Purple Rain" during the first date of his three-night stand at London's Royal Albert Hall. As the fan site Where's Eric notes, "Purple Rain" served as the encore of a show that started with a cover of "Que Sera Sera" as tribute to singer and actress Doris Day, whose death at the age of 97 had been announced earlier in the day. You can watch the performance below. Clapton's 17-song set also included favorites like "I Shot the Sheriff," "Layla" and "Crossroads." A few days after Prince's death in April 2016, Clapton explained how he discovered Prince's music in the midst of a particularly dark time. "I'm so sad about the death of Prince," he wrote on Facebook. "He was a true genius and a huge inspiration for me, in a very real way. In the the '80s, I was out on the road in a massive downward spiral with drink and drugs. I saw Purple Rain in a cinema in Canada, I had no idea who he was, it was like a bolt of lightning! In the middle of my depression, and the dreadful state of the music culture at that time, it gave me hope. He was like a light in the darkness. I went back to my hotel and, surrounded by empty beer cans, wrote 'Holy Mother.' I can't believe he's gone." Clapton will play shows in San Francisco, Las Vegas and Phoenix in September in the run-up to the fifth Crossroads Guitar Festival, which will take place in Dallas on Sept. 20-21. As usual, Clapton will play both nights. The bill also includes sets from old friends and fellow guitar heroes like Billy Gibbons, Joe Walsh, Peter Frampton, Bonnie Raitt, Buddy Guy and Jeff Beck. Eric Clapton Albums Ranked Next: Prince's Best Rock Songs Source: Watch Eric Clapton Cover Prince’s ‘Purple Rain’ Filed Under: Eric Clapton, prince Categories: Music News, Videos	cc/2019-30/en_head_0031.json.gz/line641
__label__wiki	0.726852	0.726852	Genesis Double Watchers (Genoa, August 1972 & Rome, January 1973) Disc 1, Teatro Alcione, Genoa, Italy – August 22nd, 1972: Watcher Of The Skies, Can-Utility And The Coastliners, The Fountain Of Salmacis, Twilight Alehouse, Seven Stones, The Musical Box, The Return Of The Giant Hogweed, The Knife Disc 2, Parasport, Rome, Italy – January 22nd, 1973: Watcher Of The Skies, The Musical Box, The Fountain Of Salmacis, Supper’s Ready, The Return Of The Giant Hogweed, The Knife Double Watchers collects together two early Genesis tapes recorded several months apart during one of their early transition phases. The first disc contains the August 22nd, 1972 show in Genoa, Italy. Popular on bootleg, this tape received its first release on vinyl on Through The Looking Glass (Alternative Recording Company GNV017), which has the show except for ”The Knife” which wasn’t recorded. Another LP called Old Man’s Tale (Brush) has “Seven Stones” and “Bye Bye Johnny” (“Can-Utility And The Coastliners”) and an earlier compact disc release is Alone Within A Storm (Orange Records OP14). Highland is a two source mix with most of the show coming from the first tape source and an alternate source being used for the encore “The Knife.” The first tape source is good to very good sounding. It is clear but flat and lacking in dynamics and the taper paused the tape between each song to save tape cutting out some of the stories. The second tape source used for the encore is poor, muffled and distorted and is added only to offer a complete show. There are doubts about its authenticity and more likely than not is not from this actual show. The concert itself is an interesting glimpse into the final days of the Nursery Cryme era. The band had just finished recording the follow up Foxtrot before its October release and they open the show with two new songs which the audience are unfamiliar. “Watcher Of The Skies” is played very fast. In introducing the next song Gabriel says, “a translation of which is quite impossible.” Although this was played on stage before under its working title “Bye Bye Johnny,” it has taken the final form as it appears on the LP. After the tape fades back in Gabriel introduces the next song as ”La Fontana di Salmacis.” ”Twilight Alehouse” was a regular inclusion in the set list although it wasn’t officially released until 1974. “Seven Stones” from Nursery Cryme receives its only known live performance and its presence on the tape make this important for Genesis collectors. There is a strange tape glitch afterwards as Gabriel is introducing the next song where he says, “…is the story of a little boy. This one is the story of a little boy and a little wooden box which has music playing from it. The little boy is kaput, finito and he flies up to heaven and then comes all the way down again. But now he meets the senorita. This is the story of Henry and the musical box.” “The Return Of The Giant Hogweed” is a great set closer. The encore is very long, but it sounds like it was tacked on from another concert. The Italian audience is very quiet and respectful throughout the performance, but during “The Knife” they become very noisy throughout the piece. There is not any internal evidence to determine its precise location however. The second disc comes very early in the Foxtrot period and was taped on January 22nd, 1973 in Rome. There is some debate about the correct date however. It is known they had two shows scheduled in Italy. January 19th as supposed to be the Charisma Festival, but that was postponed and the two other bands, Lindesfarne and String Driven Thing could not reschedule. Genesis rescheduled that date the 22nd. They also played on January 20th in Reggio Emila and a poor quality tape exists for that show, so this tape must be from January 22nd. Regardless of the date, this is one of the most devastating live Genesis tapes in existence and deserves compulsive listening. The acoustics of the venue give this a brutal live sound and captures all the dynamics of this performance. It first surfaced on vinyl many years ago on Moonswept Paradise (Clean Sound Records CS 1004) and also on Charisma Festival (E.R.A. Music Milano). Both list this as being from the Charisma Festival on January 19th. Like the Genoa tape there are cuts between most of the songs as if the taper were trying not to run out. The setlist reflects the current repertoire at the time with no rarities, but three months after the release of Foxtrot the delivery of the material is much more confident. The epic “Supper’s Ready” doesn’t have the “old Michael” story yet, but Gabriel gives a long and silly introduction when he says, after some mellotron tuning, “this is the music of tuning up. Very rehearsed. This was inspired by a shout late in the evening in London close to where we live. It goes like this: SUPPER’S READY! It is also understood as supper’s ready. We’d like to point out something special. The ding-a-ling of Mr. Phil Collins. No appreciation at all. Mr. Collins won’t play unless you give him more encouragement.” What follows is a tremendous version of the Foxtrot epic, and even the restrained audience follow it up with a roar of approval. The final song is “The Return Of The Giant Hogweed” with a nine minute version of “The Knife” serving as the encore. Double Watchers is packaged in a double slimline sleeve with effective graphics utilizing photos from the era and a photo of Grabriel in his batwing costume for “Watchers,” appropriate given the title. This is the final Genesis release on the hallowed Highland title as it turns out and serves as a memorable swan song for the progressive rock pioneers. May 18, 2013 Posted by Jerry \| Genesis Double Watchers \| Bootlegs, Genesis \| Leave a comment	cc/2019-30/en_head_0031.json.gz/line642
__label__cc	0.567655	0.432345	Difference Between a Paraphrase & a Summary By John Manshire ; Updated June 25, 2018 ••• JohnnyGreig/E+/GettyImages Knowing how to effectively recount the argumentative gist of a secondary source or the central thrust of a primary text can help to intensify the success of your work. Understanding the difference between a paraphrase and a summary is essential to avoiding plagiarism, and choosing between the two can make the difference in the presentation of a compelling argument. Summary is the process of providing an abridged version of an argument, narrative or concept. When you summarize a text or other medium, the objective is to condense the whole of the text's content into a space that is more quickly digested while still presenting the object's central ideas or concepts in a clear and effective fashion. "To paraphrase" comes from the Greek "paraphrasis," meaning literally "to tell in other words." Just as in the summary process, paraphrasing involves recounting a source's primary material in words that are different than those of the original text. It is essential in paraphrasing, to still communicate the central idea of the words, passage or text in question. When completing a summary or paraphrase, students should start with a first pass or original text read-through followed by an active reading of the text with notations of main points and any questions. After establishing familiarity with the main points, students then could set aside the original text where it isn't visible. When the original text isn't in front of them, writing the summary or paraphrase is less likely to involve accidental plagiarism. After writing the summary or paraphrase away from the original writing, students can then go back and verify all key information has been included. By using a method that removes the original text, students are less likely to copy or plagiarize direct information. Paraphrasing and summarizing are similar tasks and involve many of the same processes. The difference between the two is what their objectives are. The purpose of a summary is to condense source material into a shorter form without plagiarizing. Paraphrasing, however, is not centrally concerned with length. Rather, paraphrasing is concerned primarily with the restatement of source material in a form that is different than the original. Neither summary nor paraphrase allows a writer to parrot material from another creator without attribution. When summarizing or paraphrasing, you must still still cite the source from which you are borrowing material as it is essential in avoiding accidental plagiarism. Avoiding plagiarism is important for the purposes of preserving intellectual honesty. In institutions of higher learning, academic dishonesty is seen as grounds for punishments that can range from a zero on that plagiarized assignment to expulsion from the institution. Teach Like a Champion: On the Difference Between Paraphrase & Summary Purdue Owl: Quoting, Paraphrasing, and Summarizing University of Louisville Writing Center: What is the Difference Between Quotation, Paraphrase, and Summary John Manshire has been writing professionally since 2007, contributing to newspapers, magazines and various online publications. He is a graduate of UC Berkeley, where he received a B.A. in English. What Is a GIST Statement? How to Summarize & Paraphrase to Avoid Plagiarism	cc/2019-30/en_head_0031.json.gz/line643
__label__cc	0.655032	0.344968	Mille Bolle Pendant Light from Slamp FREE delivery to United Kingdom in 2 - 3 weeks. This product is made to order ? Soap bubbles, fleeting emotions from the near past captured in a romantic, timeless play light and weightless reflections. Iridescent Polycarbonate Light bulb type Packaging Depth Packaging Height Packaging Width 1 X 2W LED The handcrafted diffusor is a series of small folded iridescent polycarbonate pieces, illuminated by an almost invisible light source. The ample collection (wall, floor, table, and suspension) enchants the onlooker with its design and varied refractions. Born in 1984. After receiving a degree in Industrial Design in 2007, Adriano began his professional career in SLAMP’S Research & Development department, where he continues his success today. Going against the trend of mass-produced items, Adriano Rachele gives each of his pieces the feeling of a single edition while still managing to produce them in series. Rachele believes that design should possess soul, express poetry and emotion that tells a story extending beyond simple forms. This concept comes through in his soft, sinuous designs, whose forms emphasise the unique identity of the brand, and enhance their individual hand-crafted style. His challenge is to create objects which combine technology, functionality and innovation with tradition and emotion, while maintaining their ironic and accessible nature. In 2010, he was recognised as one of the top young talents in Italian design for his Veli project, which won the Red Dot Design Award in 2012. For those who are curious… For those who can’t get enough… For those who believe in beauty… For those who carry their home wherever their heart desires… For those who fall in love every day…	cc/2019-30/en_head_0031.json.gz/line646
__label__cc	0.614758	0.385242	Kelo v. City of New London The Facts of Kelo v. City of New London Kelo v. City of New London: Overview Kelo v. City of New London was a case decided by the United States Supreme Court in 2005 regarding the use of eminent domain in order to complete a land transfer from one private owner to another private owner in an attempt to push economic development. Kelo v. City of New London: Background Kelo v. City of New London came out of the condemnation by the city of New London in Connecticut, of certain real property owned privately so that the property could be used in a comprehensive redevelopment plan that was supposed to strengthen a depressed urban location, create 3,169 new jobs as well as bring in $1.2 million annually in tax revenues. When the city of New London used its eminent domain authority in order to seize the property, it resulted in Kelo Susette and many others losing their homes. These property owners said that the city of New London violated the Takings clause of the 5th Amendment, which stated that the government could not take private property for the purpose of public use without the proper compensation. The property owners felt that the taking of the private property was not public use because it was being sold to private developers. The Connecticut Supreme Court ruled for New London. Kelo v. City of New London: Decision and Implications The Supreme Court decided in Kelo v. City of New London in a 5 to 4 decision under the Takings Clause of the 5th Amendment of the Constitution, this act benefited the community through economic growth and thus this redevelopment could be considered permissible public use. This decision had to look at just what a public purpose meant and if it would apply to public use in regards to the Takings Clause of the 5th Amendment. Furthermore, the Supreme Court had to decide whether the 5th Amendment protected the landowners from things other than blight and slums such as the takings for the purpose of economic development. The decision in Kelo v. City of New London was very heavily criticized. The decision was viewed by many members of the public as an extreme and gross violation of a citizen’s property rights as well as a strong misinterpretation of the 5th Amendment. This sort of interpretation worked to benefit large corporations while hurting local communities and individual homeowners. Other individuals in the legal profession took this outrage by the public as being forwarded not at the legal principles and their interpretation in Kelo v. City of New London, but rather anger at the overall moral principles resulting from the general outcome. Quill Corp. v. North Dakota Malice Green Gomez-Perez v. Potter Bruce Vento	cc/2019-30/en_head_0031.json.gz/line648
__label__wiki	0.594846	0.594846	Wallace v. Jaffree The Background of Wallace v. Jaffree Wallace v. Jaffree was a landmark Supreme Court case that revolved around the issue of silent school prayers. An Alabama statute was introduced that authorized teachers, in all school districts, to set aside on minute at the start of each school day to conduct a silent prayer or silent meditation. Ishmael Jaffree, an American citizen and father of three Mobile County public school students, filed a suit on May 28, 1982 against the mobile county School Board and various school officials. Jaffree sought an injunction and a declaratory judgment that would restrain the defendants from “maintaining or allowing the maintenance of regular religious prayer services or other forms of religious observances in the Mobile County Public Schools in violation of the First Amendment as made applicable to states by the Fourteenth Amendment to the United States Constitution.” Wallace v. Jaffree Trial: The United States District Court for the Southern District of Alabama allowed the practice of silent prayer and ruled in favor the state. The United States Court of Appeals for the Eleventh Circuit reversed this ruling, by claiming that a mandatory silent prayer was unconstitutional. The case was eventually heard by the United States Supreme Court in Wallace v. Jaffree. In this trial, the United States Supreme Court ruled 6-3, against the state of Alabama by claiming that the law had violated constitutional principle by forcing students to engage in a silent prayer. The Case Profile of Wallace v. Jaffree The following is a case profile of the legal trial eponymously titled ‘Wallace v. Jaffree’: Date of the Trial: Wallace v. Jaffree was argued on December 10, 1973 Legal Classification: Administrative Law; this legal field associated with events and circumstances in which the Federal Government of the United States engages its citizens, including the administration of government programs, the creation of agencies, and the establishment of a legal, regulatory federal standard United States Reports Case Number: 414 U.S. 563 Date of the Delivery of the Verdict: Wallace v. Jaffree was decided on January 21, 1974 Legal Venue of Wallace v. Jaffree: The United States Supreme Court by way of the Court of Appeals for the Ninth Circuit Judicial Officer Responsible for Ruling: Chief Justice Warren E. Burger Associated Legislation with regard to Wallace v. Jaffree: The following statutory regulations were employed with regard to the Wallace v. Jaffree trial: The enforcement of a silent prayer on school districts throughout a given state is a violation of the 1st Amendment to the United States Constitution which states that an individual is free to practice any religion they so choose. Leopold and Loeb: Murderers of a Failed Perfect Crime The Kidnapping of Patty Hearst United States v. Lopez	cc/2019-30/en_head_0031.json.gz/line649
__label__cc	0.732157	0.267843	Millbrook Reserve is a short walk from the city centre, located over the river from Little Hagley Park. Off Rossall Street and Helmores Lane. There is a car park at the Rossall Street entrance and plenty of street parking on Helmores Lane. Metroinfo(external link) has up to date bus information. Dogs must be on a leash to protect the heritage gardens. A drinking fountain, garden seating and a pergola that holds up to 50 people. Walk and explore This peaceful and beautifully landscaped garden features two of the tallest trees in the city - a cedar and a eucalyptus. Plantings of azaleas, rhododendrons and camellias provide a spring spectacle while the native bush section is dense and green all year round. There are multiple pathways running through the reserve. Follow the Millbrook Reserve Walk to enjoy the highlights. Bookable space Millbrook Reserve is a delightful place for a riverside picnic and a popular venue for outdoor weddings and photography. If your're interested in booking the pergola for your event, contact us. Millbrook Reserve was once part of well-known Christchurch architect Heathcote Helmore’s estate. The reserve was transformed by warden Richard Bedford Owen. Owen and his assistants ensured the best displays each season and even arranged for the illumination of some of the more spectacular shrubs at night for a time. It was administered by various garden clubs and trusts for many years before it was handed over to the Council in the late 1950s. In 1992, a bronze plaque set in an Oamaru stone design sculpted by Marian Fountain was placed in the reserve. In honour of the 350th anniversary of Abel Tasman's arrival on New Zealand's coast, the plaque has a true to copy pencil style drawing from Tasman's journal of his first encounter with Maori in Golden Bay. The memorial, as well as 2000 Dutch bulbs, the drinking fountain and a garden seat, was dedicated to Cantabrians by the Dutch community for the welcome given to Dutch immigrants when they arrived in the province to make it their home.	cc/2019-30/en_head_0031.json.gz/line654
__label__wiki	0.739368	0.739368	Files: GIF, JPG, PNG, TXT, Maximum:11000 KB, Thumbnails: 600x600 pixels Subject (reply to 418591) File [ Autism ] slide_22[1].jpg >> Anonymous 18/07/11 (Wed)09:51 No. 418591 Anonymous Wednesday 9:51 am 418591 If you have the money to pay for private treatment, does it help or hinder the NHS to do so? Wednesday 10:53 am 418592 Good question, there's so many factors involved it would be hard to calculate for an individual choice. It would probably depend on the kind of treatment, your regional health board, waiting lists for that treatment, etc.. My own approach is to make my personal choices somewhat separately from my politically active life. In an ideal world it would all align perfectly, but that's not the case. I have private healthcare through my employer, but am a former NHS worker myself. I am passionate about good public healthcare, campaign for certain issues. The one that irritates me most is the issue of training and research funding; all the hard work really is done with public money. Privatisation happens at the end when valuable commodities start appearing, whether they're health workers or drugs. Wednesday 12:12 pm 418593 The NHS spend millions every year fixing their fuck ups, so go figure. The NHS has the best surgeons and specialists, mercenary doctors are invariably shit. Private care is not equal across the board. The only private hospital you should even consider is the one the Queen uses. Wednesday 2:12 pm 418594 The NHS is fantastic at what it does - save lives and deal with emergencies. As >>418593 points out the best surgeons and specialists are with the NHS and people come from all over the world to learn at NHS hospitals (that doesn't always mean that some of our best and brightest don't set up private shop though, especially over in the states where doctors can make serious money). On the other hand some areas of health, such as mental health, are simply massively underfunded throughout the NHS. The NHS is so under-funded and stretched to death right now that "I'm miserable and I want to kill myself" almost sounds like a successful patient outcome ("look boss, one less on the waiting list for CBT"). In my experience going private made a world of difference, but don't expect it to be cheap. What a ridiculous image. Some NHS hospitals have private clinics where the profit goes directly back into the NHS trust. What? Doesn't that violate free at the point of use? Not is it's a seperate company that just so happens to be owned by the NHS trust. The way funding has ended up has forced a lot of hospitals into doing shady between the lines kinds of things like that. You can't pull a £17m budget shortfall out of your arse, and the government certainly won't help, but you can sack all your auxiliary staff and re-hire them under a subsidiary company with no rights and lower pay. >> Anonymous 18/07/12 (Thu)10:54 No. 418613 Anonymous Thursday 10:54 am 418613 Bloody hell it's true. https://www.england.nhs.uk/nhsidentity/examples/private-healthcare-delivered-by-an-nhs-trust-foundation-trust/ How long have they been allowed to do this? Thursday 12:55 pm 418618 >When NHS foundation trusts were established they were required to limit the proportion of their private income to the level it had been in 2006. For many this was zero. The average across England was 2%, but levels at teaching hospitals, especially in London, were considerably higher. 18 NHS hospitals in London run wards for private patients. The Health and Social Care Act 2012 permitted Foundation trusts to raise their private income to 49% of the total. Only The Royal Marsden NHS Foundation Trust, which hopes to raise 45% of its income from private patients and other non-NHS sources in 2016/7 and is trying to raise its income from paying patients from £90m to £100m,[4] is any where near the 49% limit. >> Anonymous 18/08/12 (Sun)15:53 No. 419517 Anonymous Sunday 3:53 pm 419517 I had to pay for private once due to [reasons] and in short it was very shit tier. Regular NHS doctors do a few hours of private service once or twice a week, and their service standards don't change. I paid £150 for a 10 min look and to be told fuck off. The theoretical disadvantages listed apply for many other countries, and I've observed private healthcare being better than public in many places, but here I'd say there's nothing to worry about - as is. I had this debate recently, with friends and family. In the past I had never taken private healthcare when it was offered as part of an employment package - I recently changed jobs, and did. My reasoning was, if private is available, you should take it, as you're lessening the pressure on the health service and people who need it more than me (ie who don't have access to a private scheme). >> Anonymous 18/08/13 (Mon)05:17 No. 419552 Anonymous Monday 5:17 am 419552 I do all my own operations. Monday 3:44 pm 419562 CuCDCBPVIAA_EF3.jpg You are not going to perform that operation yourself!	cc/2019-30/en_head_0031.json.gz/line658
__label__wiki	0.836673	0.836673	2019/2020: 101st Concert Season Masterseries 2019/2020 International Series 2019/2020 Series Tickets Pricing and Seating CAMA’s 100th Birthday Bash Etiquette and Information Board and Administration Women’s Board at The Granada Theatre SEASON SPONSORSHIP: SAGE PUBLISHING Be a part of CAMA at 100: The Centennial Season of Santa Barbara’s oldest arts organization, and one of the nation’s oldest presenters of classical music – here, now, in your community, in your lifetime. CAMA’s 100th Concert Season continues this legacy of excellence and kicks off the next century of community engagement in classical music. True to its history, CAMA has assembled an extraordinary roster of talent from around the world to perform at Santa Barbara’s Granada Theatre in 2018/2019. Performances include the Los Angeles Philharmonic, Itzhak Perlman, Nicholas McGegan and the Philharmonia Baroque Orchestra, the Russian National Orchestra, Esa-Pekka Salonen and the Philharmonia Orchestra, and the Royal Scottish National Orchestra with pianist Olga Kern. PAOLO BORTOLAMEOLLI RED CARPET RECEPTION—3:00 PM CONCERT—4:00 PM Paolo Bortolameolli Conductor Jean-Yves Thibaudet Piano Two of the nation’s most prestigious classical music institutions come together to mark a shared Centennial as CAMA opens its 100th anniversary season with a performance by the dynamic Los Angeles Philharmonic, which is also celebrating its own century of excellence in 2018/2019, having performed well over 250 concerts in Santa Barbara for CAMA over the past century. Maestro Paolo Bortolameolli will conduct a program of Beethoven’s Symphony No.5 and Saint-Saëns’s Piano Concerto No.5 with international superstar pianist and local favorite Jean-Yves Thibaudet at the piano. Camille Saint-Saëns: Piano Concerto No.5 in F Major, Op.103, “Egyptian” Ludwig van Beethoven: Symphony No.5 in C minor, Op.67 Red Carpet Reception All ticket holders for the Los Angeles Philharmonic concert are invited to CAMA’s Red Carpet Reception from 3:00 PM–4:00 PM on October 28, one hour prior to the concert. Complimentary wine, Champagne and light refreshments will be served in the lobby and in the McCune Founders Room. The event will feature exhibits of CAMA’s 100-season history, a CAMA historical video presentation, and more. Come join us as we inaugurate CAMA’s Centennial Season! Sponsor a Concert Primary Sponsor The Elaine F. Stepanek Concert Fund The Sameul B. And Margaret C. Mosher Foundation Bitsy & Denny Bacon and The Becton Family Foundation Val & Bob Montgomery The Towbes Fund for the Performing Arts, a field interest fund of the Santa Barbara Foundation Christine & Robert Emmons “A recital by Itzhak Perlman is inevitably a journey into perfection.” – Palm Beach Arts Paper ROHAN DE SILVA TUESDAY, JANUARY 15, 2019, 7:00 PM (early start) Rohan De Silva Piano Cultural icon, virtuoso, transcendent superstar – when the subject is violinist Itzhak Perlman the superlatives stack up quickly, yet somehow fail to give a full account of his status, talent, and near-universal appeal. His numerous accolades include the Presidential Medal of Freedom, a Kennedy Center Honor, the National Medal of Arts, and a Medal of Liberty. Maestro Perlman (Co-Chair of the CAMA Centennial Honorary Artist Council) returns for his 6th CAMA concert appearance going back 50+ years to when he first performed for CAMA as soloist with the Los Angeles Philharmonic in 1967 at age 21. He’ll be joined by acclaimed pianist Rohan De Silva, a Best Accompanist honoree at the International Tchaikovsky Competition in Moscow and a longtime Perlman collaborator. Alfred Schnittke: Suite in the Old Style for Violin & Piano, Op.80 Ludwig van Beethoven: Violin Sonata No.7 in C minor, Op.30, No.2 Antonín Dvořák: Sonatina in G Major, Op. 100 Additional Works to Be Announced from the Stage Pre-concert lecture by KOSTIS PROTOPAPAS, Artistic & General Director of Opera Santa Barbara Lecture will begin at 6:00 PM; doors to The Granada Theatre will open for the lecture at 5:45 PM. Lecture seating is limited to the first 100 patrons. First come, first served. Sara Miller McCune Herbert & Elaine Kendall Marta Babson Judith L. Hopkinson The Shanbrom Family Foundation Chaucer’s Bookstore, Mahri Kerley Jocelyne & William Meeker Stephen J.M. & Anne Morris “At every turn, McGegan effortlessly communicates his delight in the music he leads.” ALANA YOUSSEFIAN TUESDAY, FEBRUARY 5, 2019, 8:00 PM Philharmonia Baroque Orchestra Nicholas McGegan Music Director Alana Youssefian Violin Renowned as an interpreter of a wide range of classical music, English-born conductor Nicholas McGegan was appointed Officer of the Most Excellent Order of the British Empire (OBE) for “services to music overseas” by Queen Elizabeth in 2010. He has served since 1985 as Music Director of the Philharmonia Baroque Orchestra, establishing it as the leading period performance ensemble in the United States. The Philharmonia is dedicated to capturing the spirit and distinctive sound of music from the Baroque to the early Romantic periods using authentic instruments and stylistic conventions. A native of New Jersey, “sensational” baroque and modern violinist Alana Youssefian (San Francisco Civic Center) has quickly forged a reputation as an engaging and spirited soloist, chamber player, and orchestral musician. Ms. Youssefian was named an American Fellow of The English Concert and Juilliard Fellow of Mercury in 2018. As winner of The Juilliard School’s 2017 Historical Performance Concerto Competition, she performed Vivaldi’s “Il Grosso Mogul” concerto with Juilliard415 and Nicholas McGegan. Wolfgang Amadeus Mozart: Overture to The Marriage of Figaro, K.492 Ludwig van Beethoven: Concerto for Violin in D Major, Op.61 Franz Schubert: Symphony No.6 in C Major, D.589 Pre-concert lecture by ANDY RADFORD, Music Director, Santa Barbara Youth Symphony; and Lecturer, Woodwind, Brass & Percussion Program, UCSB Department of Music Hollis Norris Fund Michele & Andre Saltoun Hubert Vos Edward DeLoreto The CAMA Women’s Board MIKHAIL PLETNEV “A living symbol of the best in Russian art…” GEORGE LI WEDNESDAY, FEBRUARY 27, 2019, 8:00 PM Russian National Orchestra Mikhail Pletnev Conductor George Li Piano The Russian National Orchestra was founded by Mikhail Pletnev in 1990 as a courageous demonstration of artistic freedom during the Soviet regime and has risen to the pinnacle of the classical music world; it was selected recently as one of the world’s top orchestras by a panel of international critics. The RNO will perform a special all-Rachmaninoff program celebrating the 100th Anniversary of his arrival in America in 1918, when he took up permanent US residence for the rest of his life (and performed twice for CAMA at the Lobero in 1929 and 1941). The all-Rachmaninoff program will include his ever-popular Second Piano Concerto featuring Tchaikovsky Competition silver medalist George Li. All-Rachmaninoff Program: Vocalise, Op.34, No.14 Piano Concerto No.2 in C minor, Op.18 Symphonic Dances, Op.45 Pre-concert lecture by DEREK KATZ, Professor of Music History at UC Santa Barbara Bitsy & Denny Bacon Peggy & Kurt Anderson Louise & Michael Caccese “Orchestral sound rendered with delicious finger-tip delicacy by the Philharmonia Orchestra under its Principal Conductor Esa-Pekka Salonen.” – The Daily Telegraph Esa-Pekka Salonen Conductor Local favorite Esa-Pekka Salonen, former music director of the Los Angeles Philharmonic, returns to Santa Barbara for the third time as principal conductor of London’s world-class Philharmonia Orchestra. This will be Salonen’s 14th appearance as conductor for CAMA over the past 25+ years—11 concerts with the LA Phil from 1993 to 2008 followed by 3 concerts with the Philharmonia. Fittingly, he’ll lead the Philharmonia in a performance of Arnold Schoenberg’s Romantic tone poem Verklärte Nacht—originally a string sextet later arranged for string orchestra—as well as Anton Bruckner’s expansive Symphony No.7. Arnold Schoenberg: Verklärte Nacht, Op.4 Anton Bruckner: Symphony No.7 in E Major Pre-concert lecture by SIMON WILLIAMS, Professor Emeritus, UCSB Department of Theater and Dance; opera and theater critic Alison & Jan Bowlus Ellen & Peter Johnson Natalia & Michael Howe Kum Su Kim & John Perry Elizabeth & Andrew Butcher Chris Lancashire & Catherine Gee THOMAS SØNDERGÅRD “Kern is a player of top-notch technique who carries forward the musical spirit of her nation.” OLGA KERN FRIDAY, April 5, 2019, 8:00 PM Royal Scottish National Orchestra Thomas Søndergård Conductor Olga Kern Piano Since its founding in 1891, the Royal Scottish National Orchestra has played an integral role in the musical life of its namesake country, including performing at the opening ceremony of the Scottish Parliament building in 2004. Known originally as the Scottish Orchestra, the ensemble was awarded Royal Patronage in 1977. Today the orchestra is led by the brilliant Danish conductor Thomas Søndergård serving his first season as music director. The RSNO program will feature symphonies by Sibelius and Prokofiev and also will celebrate Rachmaninoff’s 100th Anniversary in the US with a performance of his Rhapsody on a Theme of Paganini with Russian-American piano soloist Olga Kern, the first woman to receive the Gold Medal at the prestigious Van Cliburn Piano Competition, back in 2001. Jean Sibelius: Symphony No.7 in C Major, Op.105 Sergei Rachmaninoff: Rhapsody on a Theme of Paganini, Op.43 Sergei Prokofiev: Symphony No.5 in B-flat Major, Op.100 Pre-concert lecture by ROBERT KOENIG, Professor and Vice Chair, Department of Music, UC Santa Barbara Meg & Dan Burnham Bob & Val Montgomery George & Judy Writer COMMUNITY ARTS MUSIC ASSOCIATION OF SANTA BARBARA 2060 Alameda Padre Serra, Suite 201 (805) 966-4324 info@camasb.org	cc/2019-30/en_head_0031.json.gz/line660
__label__cc	0.528733	0.471267	Catalogue Search for "format:"DVD"" North Berwick Results 1 - 10 of 20 DVD. English. Published London Paramount Home Entertainment, 2019 Romantic comedy starring Taraji P. Henson and Tracy Morgan. Despite being successful at her job as a sports agent Ali Davis (Henson) is constantly being... BBFC classification: Published London 20th Century Fox Home Ent., 2019 Joe Cornish writes and directs this fantasy adventure drama based on the legend of King Arthur. School boy Alex (Louis Ashbourne Serkis) is fed up of... Stan & Ollie Published 20th Century Fox Home Ent., 2019 Steve Coogan and John C. Reilly star as famous comedy double act Stan Laurel and Oliver Hardy as they embark on a tour of Britain and Ireland during their... Published London Curzon Artificial Eye, 2019 Willem Dafoe stars as Vincent van Gogh in this biographical drama. Set in the painter's final years, the film follows van Gogh as he leaves Paris and... Published London Universal Pictures, 2019 Historical drama starring Saoirse Ronan and Margot Robbie. Mary Stuart (Ronan) returns to her native Scotland to reclaim her throne at a time when England... Miraculous tales of Ladybug & Cat Noir season one Published London Dazzler, 2018 All the episodes from the first season of the children's animation which follows the adventures of two Parisian teenage superheroes. Marinette Dupain-... Blaze and the monster machines: Dino parade Collection of four animated adventures featuring monster truck Blaze (voice of Nolan North) and his eight-year-old driver AJ (Dusan Brown) as they take... My little pony: Equestria girls - the specials Published London Hasbro UK, 2018 Double bill of feature-length spin-offs of the animated children's show. In 'My Little Pony: Equestria Girls - Forgotten Friendship' (2018) Sunset Shimmer... Sarah & Duck: balloon race and other stories Published London 2 Entertain, 2015 Collection of ten episodes from the first series of the CBeebies animation created by Sarah Gomes Harris and Tim O'Sullivan. Narrated by Roger Allam,... The old man and the gun Robert Redford stars in this playful biographical crime drama based on Forrest Tucker's real-life escapades. Having spent most of his life in and out... Musselburgh (49) Dunbar (41) Haddington (33) Ormiston (29) Main Catalogue (378) DVDs (326) Children's : Animation (55) Motion pictures: drama (51) Motion pictures: comedy (27) North Berwick (26) Motion pictures: thriller (22) From 1995 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 To 1995 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Lang, k. d (1) Wiggles. (1) Children's : Animated Feature (17) Children's : Television (16) Feature : Animated Feature (8) Feature : Comedy (5) Entertainment DVDs 15+ (70) Junior Pre-School DVDs (68) DVD 12+ Mnth PG+U (31) Entertainment DVDs PG+U (28) East Lothian Libraries Homepage \| Contact East Lothian Libraries	cc/2019-30/en_head_0031.json.gz/line662
__label__cc	0.56665	0.43335	It was carved with cherubim and palm trees; and a palm tree was between cherub and cherub, and every cherub had two faces, a man's face toward the palm tree on one side and a young lion's face toward the palm tree on the other side; they were carved on all the house all around. From the ground to above the entrance cherubim and palm trees were carved, as well as on the wall of the nave. The doorposts of the nave were square; as for the front of the sanctuary, the appearance of one doorpost was like that of the other. The altar was of wood, three cubits high and its length two cubits; its corners, its base and its sides were of wood And he said to me, "This is the table that is before the LORD." The nave and the sanctuary each had a double door. Each of the doors had two leaves, two swinging leaves; two leaves for one door and two leaves for the other. Also there were carved on them, on the doors of the nave, cherubim and palm trees like those carved on the walls; and there was a threshold of wood on the front of the porch outside. There were latticed windows and palm trees on one side and on the other, on the sides of the porch; thus were the side chambers of the house and the thresholds. Christian Canvas Art This is the book of the generations of Adam. When God created man, he made him in the likeness of God. Male and female he created them, and he blessed them and named them Man when they were created. When Adam had lived 130 years, he fathered a son in his own likeness, after his image, and named him Seth. The days of Adam after he fathered Seth were 800 years; and he had other sons and daughters. Thus all the days that Adam lived were 930 years, and he died. ... Now when the wall had been built and I had set up the doors, and the gatekeepers, the singers, and the Levites had been appointed, I gave my brother Hanani and Hananiah the governor of the castle charge over Jerusalem, for he was a more faithful and God-fearing man than many. And I said to them, “Let not the gates of Jerusalem be opened until the sun is hot. And while they are still standing guard, let them shut and bar the doors. Appoint guards from among the inhabitants of Jerusalem, some at their guard posts and some in front of their own homes.” The city was wide and large, but the people within it were few, and no houses had been rebuilt. Then my God put it into my heart to assemble the nobles and the officials and the people to be enrolled by genealogy. And I found the book of the genealogy of those who came up at the first, and I found written in it: ... Christian Canvas Art “Then bring near to you Aaron your brother, and his sons with him, from among the people of Israel, to serve me as priests—Aaron and Aaron's sons, Nadab and Abihu, Eleazar and Ithamar. And you shall make holy garments for Aaron your brother, for glory and for beauty. You shall speak to all the skillful, whom I have filled with a spirit of skill, that they make Aaron's garments to consecrate him for my priesthood. These are the garments that they shall make: a breastpiece, an ephod, a robe, a coat of checker work, a turban, and a sash. They shall make holy garments for Aaron your brother and his sons to serve me as priests. They shall receive gold, blue and purple and scarlet yarns, and fine twined linen. ... So he made two doors of olive wood, and he carved on them carvings of cherubim, palm trees, and open flowers, and overlaid them with gold; and he spread the gold on the cherubim and on the palm trees. So also he made for the entrance of the nave four-sided doorposts of olive wood and two doors of cypress wood; the two leaves of the one door turned on pivots, and the two leaves of the other door turned on pivots. He carved on it cherubim, palm trees, and open flowers; and he overlaid them with gold evenly applied on the engraved work. Christian Canvas Art "You shall have no other gods before Me. "You shall not make for yourself an idol, or any likeness of what is in heaven above or on the earth beneath or in the water under the earth. "You shall not worship them or serve them; for I, the LORD your God, am a jealous God, visiting the iniquity of the fathers on the children, on the third and the fourth generations of those who hate Me,read more. Christian Canvas Art Huram also made the pails, the shovels and the bowls. So Huram finished doing the work which he performed for King Solomon in the house of God: the two pillars, the bowls and the two capitals on top of the pillars, and the two networks to cover the two bowls of the capitals which were on top of the pillars, and the four hundred pomegranates for the two networks, two rows of pomegranates for each network to cover the two bowls of the capitals which were on the pillars.read more. Share Your Faith Products Canvas Art He made 300 shields of beaten gold, using three hundred shekels of gold on each shield, and the king put them in the house of the forest of Lebanon. Moreover, the king made a great throne of ivory and overlaid it with pure gold. There were six steps to the throne and a footstool in gold attached to the throne, and arms on each side of the seat, and two lions standing beside the arms. Twelve lions were standing there on the six steps on the one side and on the other; nothing like it was made for any other kingdom. All King Solomon's drinking vessels were of gold, and all the vessels of the house of the forest of Lebanon were of pure gold; silver was not considered valuable in the days of Solomon. Bible Scripture Verse Art and in the cutting of stones for settings, and in the carving of wood, that he may work in all kinds of craftsmanship. "And behold, I Myself have appointed with him Oholiab, the son of Ahisamach, of the tribe of Dan; and in the hearts of all who are skillful I have put skill, that they may make all that I have commanded you: the tent of meeting, and the ark of testimony, and the mercy seat upon it, and all the furniture of the tent, the table also and its utensils, and the pure gold lampstand with all its utensils, and the altar of incense, the altar of burnt offering also with all its utensils, and the laver and its stand, He also made two pillars for the front of the house, thirty-five cubits high, and the capital on the top of each was five cubits. He made chains in the inner sanctuary and placed them on the tops of the pillars; and he made one hundred pomegranates and placed them on the chains. He erected the pillars in front of the temple, one on the right and the other on the left, and named the one on the right Jachin and the one on the left Boaz. Bible Scripture Verse Art Now there were four supports at the four corners of each stand; its supports were part of the stand itself. On the top of the stand there was a circular form half a cubit high, and on the top of the stand its stays and its borders were part of it. He engraved on the plates of its stays and on its borders, cherubim, lions and palm trees, according to the clear space on each, with wreaths all around.read more. Christian Canvas Art King Solomon was king over all Israel, and these were his high officials: Azariah the son of Zadok was the priest; Elihoreph and Ahijah the sons of Shisha were secretaries; Jehoshaphat the son of Ahilud was recorder; Benaiah the son of Jehoiada was in command of the army; Zadok and Abiathar were priests; Azariah the son of Nathan was over the officers; Zabud the son of Nathan was priest and king's friend; ... Christian Canvas Art Visual art, including stained glass, sculptures, and paintings, was incredibly important in Medieval times when most people were illiterate. The Bible was unavailable except to the very upper classes (who were more likely to be able to read), but by using the visual arts the biblical account was made available for everyone. Biblical art was known as biblia paupernum or “the Bible of the poor.” Share Your Faith Products Canvas Art Masters, treat your slaves justly and fairly, knowing that you also have a Master in heaven. Continue steadfastly in prayer, being watchful in it with thanksgiving. At the same time, pray also for us, that God may open to us a door for the word, to declare the mystery of Christ, on account of which I am in prison— that I may make it clear, which is how I ought to speak. Walk in wisdom toward outsiders, making the best use of the time. ... Share Your Faith Products Canvas Art It isn’t always easy to completely overhaul your house for all the seasons, but it is easy to change out a piece of artwork here and there. I’m in love with all the free printable scripture art options you can find online these days. If you want a pretty yet inexpensive way to decorate these choices are perfect for you! Looking for a thoughtful gift, these would be perfect. Christian Canvas Art SWA sells only 100% ready to go wall decals made out of the highest quality materials. And while it can take up to a month to get a cheap vinyl wall decal from China that doesn’t even work, we typically get your wall art to you in less than a week. Customers near us, often get them the next day. That’s because we ship most orders the same business day when ordered before noon PST. Bible Scripture Verse Art	cc/2019-30/en_head_0031.json.gz/line664
__label__cc	0.725771	0.274229	How do schisms in the church fit into the plans of a monotheistic God? [closed] Before 1054 a reasonable claim could be made that there existed "one holy catholic and apostolic Church", as the Nicene Creed puts it. Since then, the visible church has divided into at least three strands, if not many more. Given ongoing efforts to reconcile the Roman Catholic and Eastern Orthodox branches, I assume that each believes that schism does not serve God's greater purpose. (Feel free to provide an answer if I'm wrong or miss some nuance, however.) Many Protestants believe that both the Western and Eastern churches are wrong or at least misguided to the extent that they are no longer the one true church. But many Protestants, myself included, believe that the invisible church is infused within all the traditions of the church. We hold that while some traditions (notably our own) are more faithful to Jesus' original call, all Christian traditions that cling to the ancient creeds will be represented in the Resurrection at the end of this world. But if so, what good purpose could there be for schisms, sects, denominations, synods, conferences, and offshoots? Isn't the acceptance of organizations that proclaim theology antithetical to what we know to be true more a product of postmodernism than anything found in the Bible? N.B.: This question serves the purpose of devil's advocate for the May blog topic: What is the church? I have a number of ideas about how to answer the question, but I'd like to have my beliefs tested before I publish them to a broader audience. protestantism ecclesiology Jon Ericson♦Jon Ericson closed as primarily opinion-based by bruised reed, fredsbend, El'endia Starman♦ Jan 5 '15 at 20:09 The cliques in a HighSchool divide students into competing groups that look down on each other, and often have negative outcomes. The clubs in a highschool though give everyone a place to thrive based on their natural skills, histories and perspectives. I think God would want different Churches to be more like clubs in this respect, but humans go cliqueish anyway. Worth noting: I'm an athiest, but this is how I see many types of exclusive groups -- when divisions are used to help diverse individuals to grow, that's good; when they cause fights and holier-than-though attitudes thats bad – zipquincy Apr 23 '12 at 17:45 Why is it necessary that there be some good purpose? We get sick and transmit diseases to each other which hardly seems good, yet we manage nonetheless. – Rex Kerr Apr 23 '12 at 17:55 @zipquincy: You have the kernel of a good answer there. I would point out that the primary difference between a club and a clique is that one is focused on a particular function or purpose, and the other is focused on self-preservation. (That's where my answer would start.) – Jon Ericson♦ Apr 23 '12 at 17:58 @Jon, thanks -- if anybody wants to take the core of my answer and run with it, I'm cool with that. Since I dont believe in a monotheistic God, I feel like its not appropriate for me to give a real answer :) – zipquincy Apr 23 '12 at 18:08 @Dani: Well... I believe God has one plan. Here's how it ends: "After this I looked, and behold, a great multitude that no one could number, from every nation, from all tribes and peoples and languages, standing before the throne and before the Lamb, clothed in white robes, with palm branches in their hands, and crying out with a loud voice, “Salvation belongs to our God who sits on the throne, and to the Lamb!”" (Revelation 7:9-10 ESV) (God bless you as well and welcome to Christianity.SE!) – Jon Ericson♦ Apr 24 '12 at 15:56 Short Answer: Schisms in the church are the result of sin. However, God can use even the schisms to serve His purposes, by making a distinction between those who are walking according to His ways and those who are not. First, it is important to distinguish between "the church" and "all the churches". (Compare 1 Timothy 3:15 and Romans 16:16 - same Greek word.) "The" Church In one sense, there is one church, comprised of all believers. Amongst believers, we should strive for unity, which means walking in humility, patience, tolerance, etc. [I, Paul] implore you to walk in a manner worthy of the calling with which you have been called, with all humility and gentleness, with patience, showing tolerance for one another in love, being diligent to preserve the unity of the Spirit in the bond of peace. There is one body and one Spirit . . . one Lord, one faith, one baptism, one God and Father -Ephesians 4:1-6 The implication is that if there is not unity, it is due to sin. (See also Matthew 5:23-24.) Believers gather together in local assemblies, which are referred to as "churches" in the Bible. For various reasons, local churches tend to take on unique personalities. (e.g. Revelation 2-3) However, the principle is the same - be of like mind. (2 Corinthians 13:11, Philippians 1:27, 2:2) Now I exhort you, brethren, by the name of our Lord Jesus Christ, that you all agree and that there be no divisions among you, but that you be made complete in the same mind and in the same judgment. -1 Corinthians 1:10 Unfortunately, divisions are a reality. This wasn't something Martin Luther brought into the church... consider the following division between the ministries of Paul and Barnabas: Barnabas wanted to take John, called Mark, along with them also. But Paul kept insisting that they should not take him along . . . And there occurred such a sharp disagreement that they separated from one another -Acts 15:37-39 The Root of the Problem It is an unpopular message, but scripture teaches us clearly what the reason for division is. Divisions are the result of a person (or assembly) becoming worldly, devoid of the Spirit, following after their own lusts: 'In the last time there will be mockers, following after their own ungodly lusts.' These are the ones who cause divisions, worldly-minded, devoid of the Spirit. But you, beloved, building yourselves up on your most holy faith, praying in the Holy Spirit, keep yourselves in the love of God -Jude 1:18-21 In contrast to these wicked men, believers are instructed to walk by faith, pray in the Spirit, and remain in the love of God. Redemptive Purpose God doesn't desire divisions amongst His people, but if a person (or assembly) becomes worldly, lustful, etc. sometimes it is necessary for a separation to take place. I wrote you in my letter not to associate with immoral people; I did not at all mean with the immoral people of this world . . . for then you would have to go out of the world. But actually, I wrote to you not to associate with any so-called brother if he is an immoral person . . . For what have I to do with judging outsiders? Do you not judge those who are within the church? . . . REMOVE THE WICKED MAN FROM AMONG YOURSELVES." -1 Corinthians 5:9-13 Of course, Luther believed the Catholic Church had become so corrupt in his day that he needed to separate from them. The Catholic Church responded with excommunication. In other words, the "two groups" felt they had irreconcilable differences in doctrine, and one or both sides were unwilling to continue in fellowship together. But God can even work through situations caused by the evil motives of men, and work it all out for the good of His people (Genesis 50:20, Romans 8:28.) There is even a redemptive purpose which God can work through divisions - He can use the divisions to shed light on who is following in His ways and who isn't. when you come together as a church, I hear that divisions exist among you . . . there must . . . be factions among you, so that those who are approved may become evident among you. -1 Corinthians 11:18-19 You're right, Luther was excommunicated. – Peter Turner♦ Apr 24 '12 at 13:08 I think you hit the nail on the head with this answer. This is exactly why there are so many offshoots of Christianity. It is also the reason why only 1 can be the correct true worship of God. +1 – Jeremy Dec 22 '13 at 4:56 I basically agree with last two of Jon's answers (here and here), but I'd like to add some Catholic perspective to it. As Jon interpreted Chesterton, there have always been different groups in the Church, approaching on extreme or the other. Rivalities between monastic orders within Catholic Church show this quite well: opposition between Franciscans and Dominicans and later between both Franciscans and Dominicans on one side and Jesuits on the other is well known (many Catholic jokes are about this), but all stayed in the "club" mode and in unity with whole Catholic Church, enriching its tradition with their intellectual and spiritual contests. This is easy in Holy Spirit and in love, but hard when sin plays the main role. That's why many groups went "clique" and left the Catholic Church. Even more different, and in positive way, are parts of Catholic Church that re-entered full communion after some time away from the visible Catholic Church. It's really enriching to participate in Divine Liturgy of John Chrysostom and still know that it is completely the same Church and one faith (not just "one faith, but..."), just different tradition of expressing the one faith. It is highly unlikely that these traditions would have evolved to this richness if full unity would have been maintained from the beginning. I believe these are the first fruits of the full re-unification and countering the "Babel effect" as described in the Revelation. For Protestants, this unity in difference is not so clear, because Protestant oecumena treat different denomination in a similar manner as different orders and congregations are treated in Catholic church. PavelPavel Hi Pavel and welcome to our Christianity Q&A site. That's a really good point about the different Catholic orders. One thing I wonder is if the political climate in Europe during Luther's time were a little different, could Protestants have formed a true reform movement within the Roman Catholic church? Even so, the Greek/Latin split set the precedent for good or for ill. Thanks for adding a bit more data to my search for answers! – Jon Ericson♦ Nov 13 '12 at 17:59 Thanks for welcome :-) I haven't studied this period so deeply, but as far as I know Luther could have stayed in Catholic Church, if he agreed with Erasmus of Rotterdam and was more open to compromise. On the other hand, his opponents were as stubborn as him, so it would be hard for Luther to stay with the Church. But this difficulty was caused by political climate and decline of scholastic culture of disputation. Few centuries before, Luther would at least have better opportunities to defend himself against accusations of heresy. – Pavel Nov 13 '12 at 21:46 @John Ericson Political tides had much to do with the Lutheran movement...but the classical reformers could not stand with Rome first and foremost because of doctrine. By 1520, Luther was penning such reformist tracts as his “Epitome,” which openly declares “that the true Antichrist is sitting in the temple of God and is reigning in Rome - that empurpled Babylon - and that the Roman curia is the Synagogue of Satan." This type of language of Luther's set a whole new precedent all on its own. – user5286 Dec 21 '13 at 9:39 christianity.stackexchange.com/questions/20086/… – user5286 Dec 21 '13 at 9:40 If it were God's will we (Catholics) probably wouldn't pray for reunification every Good Friday! For Unity of Christians: For all our brothers and sisters Who share our faith in Jesus Christ, That God may gather and keep together in one church All those who seek the truth with sincerity. Almighty and eternal God, You keep together those you have united. Look kindly on all who follow Jesus your Son. We are all consecrated to you by our common baptism. Make us one in the fullness of faith, And keep us one in the fellowship of love. We ask this through Christ our Lord. At the Easter Vigil Mass a few days later when we thank God for the "Happy fault of Adam" that did more damage to humanity than any schism is capable. So, maybe in a few hundred years we'll all be thanking God for the "Happy fault of Luther", who knows? It's clear enough, since so much hatred and bitterness were caused by schisms, that it is not the active will of God for His Church. But it is something God allows us to work out for ourselves, through His passive will. Probably to be tested and purified (ala Zech 13:9). Specifically to the point of schism, canon law says Can. 751 Heresy is the obstinate denial or obstinate doubt after the reception of baptism of some truth which is to be believed by divine and Catholic faith; apostasy is the total repudiation of the Christian faith; schism is the refusal of submission to the Supreme Pontiff or of communion with the members of the Church subject to him. Modern day Protestants, practicing their traditions, are neither heretics nor schismatics. See also, CCC 817-822 Peter Turner♦Peter Turner For clarification, what does "communion with the members of the Church subject to him" mean? Does it mean that even though I refuse to submit to the Pope, I'm not a schismatic because I'm willing to interact (even learn) from those who are? Was Luther a schismatic? (Thanks for the answer, by the way. I really wasn't aware of this point (or virtually any other) of canon law.) – Jon Ericson♦ Apr 23 '12 at 19:18 I think Luther qualifies as a heretic (and a title like schismatic wouldn't even be necessary). Subsequent generations of Lutherans, who were never baptized Catholics, were not heretics. The 'or' in that sentence isn't a programmers 'or', it's a canon lawyers 'or' and I've got no clue what it means - but I doubt it's an escape clause :-) – Peter Turner♦ Apr 23 '12 at 19:35 Got it: we aren't schismatic since we have never received baptism. (But if I had, I'd still stand with Luther, so I'm not sure it makes much difference in the big picture.) – Jon Ericson♦ Apr 23 '12 at 19:58 So under that canon law, if someone was baptized Catholic and later decided to be Protestant, the Catholic church would consider that person a heretic? – Cameron Apr 24 '12 at 14:16 @CameronW I'm not a canon lawyer at all either. But I know that procuring or assisting in abortion carries a latae sententiae excommunication. I doubt using contraception does. It puts you outside a state of grace, but only requires confession and a sincere desire to change to bring you back to full communion (i.e. receive the Eucharist). I think excommunication (even automatic excommunication) must be lifted by the Bishop. I'd like to know what a priest would do if a person came to confession saying they had an abortion, but a priest would probably say it's none of my business. – Peter Turner♦ Apr 24 '12 at 14:46 C.S. Lewis actually made an argument in favor of the division of the church - namely, that an institution with a single earthly head could be far more easily swayed by the Devil. By fragmenting the church, Christ has protected it from the deceit of the Evil One. Additionally, as Paul says in 1 Corinthians 12: 12 Just as a body, though one, has many parts, but all its many parts form one body, so it is with Christ. 13 For we were all baptized by[c] one Spirit so as to form one body—whether Jews or Gentiles, slave or free —and we were all given the one Spirit to drink. 14 Even so the body is not made up of one part but of many. It is my personal observation that different denominations do different jobs in the "church" as a whole. Some denominations are better at social gospel ministry, others are more scholarly, and yet others are better at encouraging worship. By having different part sof the body develop particular strengths, the body as a whole can learn from itself. Finally, it should be remembered that even Paul understood that the point of preaching was to "become all things to all men", for as he says: 19 Though I am free and belong to no one, I have made myself a slave to everyone, to win as many as possible. 20 To the Jews I became like a Jew, to win the Jews. To those under the law I became like one under the law (though I myself am not under the law), so as to win those under the law. 21 To those not having the law I became like one not having the law (though I am not free from God’s law but am under Christ’s law), so as to win those not having the law. 22 To the weak I became weak, to win the weak. I have become all things to all people so that by all possible means I might save some. 23 I do all this for the sake of the gospel, that I may share in its blessings And if Christ is preached out of impure motives, that doesn't matter either. As Phillipians says: 15 It is true that some preach Christ out of envy and rivalry, but others out of goodwill. 16 The latter do so out of love, knowing that I am put here for the defense of the gospel. 17 The former preach Christ out of selfish ambition, not sincerely, supposing that they can stir up trouble for me while I am in chains. 18 But what does it matter? The important thing is that in every way, whether from false motives or true, Christ is preached. And because of this I rejoice. Does this mean that the fragmentation of the church is actively good? No. But even still, even in its broken state, God can use it to accomplish things He desires. I don't remember Lewis making that argument. Is it from Mere Christianity? – Jon Ericson♦ May 31 '12 at 21:25 I'll try to find that source. I know it's Lewis, but I forgot which book. Mere Christianity would be my first guess. – Affable Geek May 31 '12 at 21:30 In Orthodoxy, G. K Chesterton argues that Christianity consistently strives to balance two sorts of opposite extremes. He mentions, for instance, that our religion has been criticized for being far too weak and submissive while being equally faulted for promoting wars and anger. The paradox extends all the way back to Jesus himself: he was a lion when he cursed the fig tree, rebuked Peter, and turned over the money-changers' tables and a lamb when he taught non-violence, washed his disciple's feet, and allowed himself to die an innocent man. Chesterton argued that the balance was not maintained in the church by drawing inward to a central (safe) compromise, but rather by exaggerating opposite extremes: The Church could not afford to swerve a hair's breadth on some things if she was to continue her great and daring experiment of the irregular equilibrium. Once let one idea become less powerful and some other idea would become too powerful. It was no flock of sheep the Christian shepherd was leading, but a herd of bulls and tigers, of terrible ideals and devouring doctrines, each one of them strong enough to turn to a false religion and lay waste the world. Remember that the Church went in specifically for dangerous ideas; she was a lion tamer. The idea of birth through a Holy Spirit, of the death of a divine being, of the forgiveness of sins, or the fulfilment of prophecies, are ideas which, any one can see, need but a touch to turn them into something blasphemous or ferocious. The smallest link was let drop by the artificers of the Mediterranean, and the lion of ancestral pessimism burst his chain in the forgotten forests of the north. Of these theological equalisations I have to speak afterwards. Here it is enough to notice that if some small mistake were made in doctrine, huge blunders might be made in human happiness.—Chapter 6, "The Paradoxes of Christianity" Now Chesterton was not arguing for schisms. He, in fact, points to a tradition that I find very compelling as one of the dangers the Church avoided: It would have been easy, in the Calvinistic seventeenth century, to fall into the bottomless pit of predestination. It is easy to be a madman: it is easy to be a heretic. It is always easy to let the age have its head; the difficult thing is to keep one's own. It is always easy to be a modernist; as it is easy to be a snob.—Chapter 6 But it seems to me that the very same arguments about avoiding the dangers of destructive doctrine also apply to the Church's avoidance of destructive hierarchies. Oddly enough, I arrived at that conclusion when reading elsewhere in Orthodoxy: If any one wants a modern proof of all this, let him consider the curious fact that, under Christianity, Europe (while remaining a unity) has broken up into individual nations. Patriotism is a perfect example of this deliberate balancing of one emphasis against another emphasis. The instinct of the Pagan empire would have said, "You shall all be Roman citizens, and grow alike; let the German grow less slow and reverent; the Frenchmen less experimental and swift." But the instinct of Christian Europe says, "Let the German remain slow and reverent, that the Frenchman may the more safely be swift and experimental. We will make an equipoise out of these excesses. The absurdity called Germany shall correct the insanity called France."—Chapter 6 We would be hard-pressed to consider Europe as the center of Christendom these days, but the principle of one portion of the whole balancing the opposite tendencies of another portion seemed to be at work in the Church Universal. In essence, we correct the problem of one branch being weighed down be ritual with another branch that is perhaps too unfettered by it. We balance the insufficiently grounded faith with another that is deeply rooted. Rather than turning the tree into a stable stump, we allow both roots and branches to flourish equally. I think you misunderstand. Chesterton is not advocating, in your first reference, that we must form opposing groups to balance each other out. On the contrary, he's rightly noting how important it is for a single group to embrace both poles simultaneously, as Christ is simultaneously fully human and fully God, rather than a hybrid or balancing act between the two. – svidgen Nov 13 '12 at 2:27 And in fact, it's the weird balancing act that he's speaking in opposition two. If you do not embrace each extreme fully and instead beging to compromise, you lose focus of one or the other. You end up with a myriad of sects, all too focused on one doctrine or another, most of which lose sight of the most profound mystery of all. As I've alluded, it is that Christ is simultaneously fully God and fully human. He's not a compromise between realms or ideals. He is both "ideals", each fully. – svidgen Nov 13 '12 at 2:30 @svidgen: Oh I agree. Chesterton envisions one portion of the church (Catholicism) threading a needle between various heresies. But I find it odd that he chose pre-European Union Europe as his example. That fits better with an Ecumenical view of Christianity than with a monolithic church organization, in my opinion. (Notice that this is my second answer to my question. I'm still struggling with it. ;-) – Jon Ericson♦ Nov 13 '12 at 15:22 OK. I wasn't sure whether you were looking for more answers -- there are already a good number of them here. But, if you're still waiting, I'll throw my 2 cents in later today. – svidgen Nov 13 '12 at 16:09 The traditions of the church and all the different denominations in the world have nothing to do with true Christianity except where they help individuals to follow Christ. The Church in it's many forms are but organizations made by men, not Holy, but flawed institutions with flawed rules and regulations. Yet God uses these institutions to spread the Truth. But it is the individual alone who meets God "in the dark night". Matthew 15:8 “‘These people honor me with their lips, but their hearts are far from me. 9 They worship me in vain; their teachings are merely human rules.’” Luke 9:49 “Master,” said John, “we saw someone driving out demons in your name and we tried to stop him, because he is not one of us.” 50 “Do not stop him,” Jesus said, “for whoever is not against you is for you.” Matthew 7:21 “Not everyone who says to me, ‘Lord, Lord,’ will enter the kingdom of heaven, but only the one who does the will of my Father who is in heaven. 22 Many will say to me on that day, ‘Lord, Lord, did we not prophesy in your name and in your name drive out demons and in your name perform many miracles?’ 23 Then I will tell them plainly, ‘I never knew you. Away from me, you evildoers!’ HammerHammer I tend to agree. However, I think the broken institutions of the church will be redeemed in the end. Like at the end of The Lord of the Rings when the Fellowship, such as is left of it, receives particular honor. I think in the end, we will recognize whole groups of Christians as worth of special notice apart from their individual faith. Just something to ponder. (+1) – Jon Ericson♦ Apr 24 '12 at 17:37 I don't think it is possible for an institution to be redeemed. How do you redeem a rock or a theory or a set of bylaws? Only individual persons can be redeemed. But I also believe no one is worthy of anything except Hell. – Hammer Apr 25 '12 at 1:35 There are good reasons for the church as an institution. See, for example, Against Heresis by Irenaeus--a Christian leader of the 2nd century--for an example of what can happen when Christians of different congregations don't band together to strengthen the global church. – Bruce Alderman May 29 '12 at 15:29 The times of disagreement and division within the worldwide church have also been some of the times when we have benefited from deeply progressing in our understandings of God and the Bible. The early church was forced to think deeply about the nature of the Trinity when confronted by those with different beliefs, leading to the production of the early creeds The protestant reformation prompted both the reformers and the Roman Catholic Church to reform and clarify their understanding of salvation Puritans and other later protestants split from their countries' establish churches, which has led to better understandings of ecclesiology The on-going split in the Anglican communion is leading many people to thinking deeply about our doctrines of the inspiration and authority of scripture The current debate between cessationism and continuationism is leading to deeper understandings of the work of the Spirit in the lives of Christians The pressure of division is helpful when it makes Christians think deeply and reform their beliefs. This can be seen most clearly with the earliest debates over the nature of the Trinity: as far as I know those early non-Trinitarian churches all died off, and Christians since then have been united in their understanding of the Trinity. (Though newer non-Trinitarian churches have arisen since then, but they are not descended from those early ones.) curiousdanniicuriousdannii I was reading this answer on the new Islam Stack Exchange, and it suddenly dawned on me that that schisms often fall along linguistic lines: The Great Schism divided Latin-speaking Christians from Greek-speaking Christians. The Protestant Reformation divided those who worshiped in Latin from those used the vernacular. Many of the approximately 38,000 Christian denominations have definite historical connections to particular languages. For instance, I grew up in a denomination that owes its existence to the desire of Swedish immigrants to worship in their first language. Now there are a great many other reasons for these divisions; schisms have theological components as well. I'll address that aspect below. We read in Genesis that God is the source of language division: And the LORD said, “Behold, they are one people, and they have all one language, and this is only the beginning of what they will do. And nothing that they propose to do will now be impossible for them. Come, let us go down and there confuse their language, so that they may not understand one another's speech.”—Genesis 11:6-7 (ESV) So we have the story of a group of people trying to reach heaven by working together and God intervenes by confusing their language. Why is that? Why should God give humanity the power to make something great of themselves and then prevent them from doing it? John Piper wrote in Desiring God (p. 44): God loves to behold His glory reflected in His works. So the eternal happiness of the triune God spilled over in the work of creation and redemption. And since this original happiness was God’s delight in His own glory, therefore the happiness that He has in all His works of creation and redemption is nothing other than a delight in His own glory. This is why God has done all things, from creation to consummation, for the preservation and display of His glory. All His works are simply the spillover of His infinite exuberance for His own excellence. As Piper explains in an appendix (p.310), the story of Babel is the story of God preventing humanity from making a name for itself to replace God's glory with our own. The church has, over two millenia, tried to reconstruct Babel. Left unchecked, there would have been no limit to what the church could have done. And so, God had to thwart our plans. The Holy Roman Empire was not allowed to permanently supplant the Secular Roman Empire, because, if it had, there would have been no room for God to display His glory via the Church. But I think there's an even more compelling reason for church divisions in God's plan: the ministry of reconciliation. John's Revelation tells a reverse-Babel story: After this I looked, and behold, a great multitude that no one could number, from every nation, from all tribes and peoples and languages, standing before the throne and before the Lamb, clothed in white robes, with palm branches in their hands, and crying out with a loud voice, “Salvation belongs to our God who sits on the throne, and to the Lamb!” And all the angels were standing around the throne and around the elders and the four living creatures, and they fell on their faces before the throne and worshiped God, saying, “Amen! Blessing and glory and wisdom and thanksgiving and honor and power and might be to our God forever and ever! Amen.”—Revelation 7:9-12 (ESV) Voices from every language will, before this age is over, join in one voice to glorify God. Jesus will accomplish this and has accomplished it through His extraordinary sacrifice. You don't have to look very far to see that such a reconciliation could only be accomplished by the sovereign will of God. Whatever mighty works humanity can do, it can't unite itself by itself. Only God can claim credit. So why are there theological differences? I'd like to suggest they exist because no one person or organization can really grasp the depth and breadth of God's glory. One of my friends got excited about Hesychasm a while back and told me about the incredible Christians who live on Mount Athos. That anyone could spend all of their waking moments in continual prayer seems simultaneously inspiring and tragic. On the one hand, they are missing out on so much of what God is doing, and on the other, I am missing out on so much of what God could be doing through me. It's remarkable to me that God simultaneously encourages His people to explore the full range of His creation while encouraging other to mine in one place for His richness buried under the surface. As a Protestant, I find that I can agree with almost everything that my Orthodox and Catholic brothers and sisters proclaim about God. Generally, the problems come with a few edge cases and with emphasis. In that main, we are in agreement. Further, our differences will sort themselves out when Jesus returns to take us as His bride. Acts 6:1-7 points to a conflict between Greek-speaking and Aramaic-speaking Jews. The Pentacost breaking of language barriers in Acts 2:7-11 may be a kind of first fruits of the final harvest mentioned in your Revelation quote. – Paul A. Clayton Nov 13 '12 at 2:40 Short Answer: Reformation and such prepares the ground for religious freedom and an actual restoration of the one church of Jesus Christ. If you dismiss the claim that up until the first big shism in 1054 (according to you), that there was one "universal, apostolic" church, you get a wholly different picture. The only way a reformation can make sense is that the reformators saw or believed to see, that the church had gone the wrong way. So, as much as they could, and with their understanding, they tried to correct what had gone wrong and voilà, you end up with thousands of different understandings of what is right, that you have today. See, the point is, except for catholics, this only makes sense if the church really did go astray. And then men come and think they can fix it? Well, they did what they could, didn't they? Anyway, what this did achieve is that, after many years of struggle and religious conflicts, we have religious freedom (in most parts of the world). This set the stage for an actual restoration of the church of Jesus Christ (albeit still with much persecution) in the 19th century, complete with divine authority and everything. Now would be a good time to speak to local LDS missionaries ;-) Even if you don't buy the restoration part, we have come to a situation where, for the first time in history, individuals have a choice of what to believe. Surely that should make their belief, so they choose to believe, deeper? kutschkemkutschkem Not the answer you're looking for? Browse other questions tagged protestantism ecclesiology or ask your own question. How should one reconcile a wrong against another person? What made Luther a heretic and not a schismatic? Did the church fathers or OT talk about the visible and invisible church? What is the Catholic position on ethnic parishes today?	cc/2019-30/en_head_0031.json.gz/line665
__label__wiki	0.686992	0.686992	Free Extract of Battalion 202: Set Britain Ablaze by Jonathan Doering April 14, 2015 by Mark The second Battalion 202 piece in Alt Hist Issue 7 takes the form of a collection of diary entries and other sources that fill in some of the background for Jonathan Doering’s alternate history of the Nazi invasion of Great Britain. Battalion 202: Set Britain Ablaze by Jonathan Doering Introduction: The following is a series of extracts from the Local History Archive in Pontefract Library, gathered together by local A-Level History teacher, Amy Storey, as part of her personal research project to offer a wider historical context for the Resistance activities which took place in the area. Editor’s notes and footnotes appear at various stages in this document. The extracts presented here deal with events on the first day of the Nazi Occupation of Britain. Extract from the personal war-time diary of Major-General Colin Gubbins, MC and bar, CMG, BRC, BLC, Head of Special Operations Executive ‘A’ Branch (the department concerned with directing and mounting resistance activities within the British Isles), released to public scrutiny in 1995 under the Fifty Year Rule. Editor’s Note: Gubbins had been ordered, against his own wishes, to accompany the retreating Government party north of the Border rather than, as he had requested, be left to direct unfolding Resistance activities within the Greater London area. Prime Minister Churchill required Gubbins to attend the top secret ‘Achnacarry Summit’ in the Scottish Highlands, where Cabinet and other governmental and military responsibilities were hastily assigned prior to the Government’s retreat. The following extract details some of the events at Achnacarry before Gubbins was permitted to lead a Commando team south of the Border to begin the first major action of the Occupation, codenamed ‘Bonfire’. A bitter day. I have a strange sense of returning home1, but it is with neither delight nor relief. Owing to Achnacarry’s position in the far North of Scotland and its status as the training centre for Army Special Forces, with admirable originality the government has designated it as the centre for the British Resistance Organisation.2 The War Cabinet is convening here before dividing between those who will remain to direct operations on the ground and those who will transfer to ‘Britannia House’—the makeshift British HQ the Canadians have agreed to organise in Halifax, Nova Scotia. Certain regiments and naval formations will shortly be hived off from the final action in Britain to rendezvous in Canada. Hopefully they will be able to recoup their strength & prepare for a counter attack from Canadian soil, as well as hopefully attracting Canadian (and American?!) military, naval & aerial support. The Cabinet thinks that Achnacarry will continue to serve as some sort of training depot, as well as the nerve centre for the British resistance effort: analysing intelligence, developing tactics and strategy, and sending and directing equipment and fighters to points of particular need. Whether it will be able to remain in contact with the rest of Britain remains to be seen. German Intelligence may very well become aware of its role, and direct the Luftwaffe to extirpate it. I write this overlooking Loch Arkaig, where commando trainees have been put through their paces over the last few months, waiting for the politicians to finish dividing the spoils, slicing the cake up. If ever there was a British analogy to Nero with his bloody fiddle it’s the Bulldog3 and the rest of them, sitting around a table up in the castle gassing about spheres of responsibility. The Conservative, Labour and Liberal parties have agreed that for the duration of the conflict, they will merge into the United Liberation Party. Portfolios are being doled out like playing cards as I write. “That one for your lot, this one for us—but of course we’re all one party for now!” Just get on & slice the bloody cake! Extract from Volume II of Sir Winston Churchill’s Autobiography (Published by Penguin Books, 1954). Editor’s Note: Churchill describes here some of the key decisions taken by government at the Achnacarry Summit, and his personal feelings of guilt at being obliged by colleagues to leave the British Isles. Painful though this decision must have been to take (Churchill had often declared that he would prefer to be mown down by the Nazis on the steps of the Palace of Westminster) it would have been unthinkable for the Nazis to either capture or kill him. Besides the need to avoid a damaging German propaganda coup, his original strategic thinking and indefatigable energy were needed for the exodus to ‘Britannia House’ in order to provide the momentum needed for the British Forces remnant escaping there to feel that there was any reason to fight on. In many respects the War Cabinet’s Summit at Achnacarry resembles in my mind the Yalta Conference in importance. At a moment of national pain and grief a handful of ministers and civil servants, soldiers, pilots and sailors, gathered speedily to accomplish the reorganisation of our sovereign system of governance that had guided Britain through centuries of strife and bloodshed. Many of our colleagues and friends from government and Parliament had requested—or had been requested—to remain at their posts. The British people would need steady hands and stout hearts to gird and guide them through the dark days now looming over our nation. I have reflected a thousand times at the cruel ironies of conflict. Had the Nazi offensive been launched twelve months earlier, I myself would have been one of those remaining in London. Perhaps then I would have been able to avail myself of a Thompson machine gun and a Smith and Webley revolver, and made a final stand before the Mother of all Parliaments? The question must of course remain rhetorical. Sharp though the bane tasted, we all were required to bend our shoulders to whichever yoke circumstance laid upon us. Having formally agreed to dissolve our constituent political parties for the duration of hostilities and establish a Party of National Liberation, we then confirmed membership of the War Cabinet as well as which ministers would remain in Britain, and which would reluctantly have to leave. It was agreed that I would continue to serve in the capacity of Prime Minister and also become Minister for the Liberation of the British Isles. Clement Attlee, one of the most capable leaders of the Labour Party movement, would become Deputy Prime Minister and Minister for Resistance, Information and Intelligence, and effectively the daily face of the Government-in-exile within Britain’s borders. He would also take responsibility for propaganda and all resistance actions aimed at ridding Britain of the detested Nazi blight. Harold MacMillan would remain alongside Attlee as Chancellor of the Exchequer and Minister of Supply, providing a Conservative voice within this Resistance Cabinet, and vital financial and logistical planning. He would be supported by Anthony Eden as Under-Secretary of State for Foreign Affairs, maintaining links with Britannia House and the other Allied Governments-in-Exile. I realise that some have accused me of politically wrong-footing poor Anthony, by abandoning him in the Northern wastes of the Highlands for the duration of the conflict. However, I would remind those critics that Attlee’s record of service in the same time and place failed to handicap his own and his party’s electoral fortunes after the War. To this triumvirate was added the doughty Ernest Bevin as Minister of Labour, to employ his titanic gifts for organisation and direction of the labour force to frustrate and obstruct the Enemy’s plans wherever and however possible. It was felt that a balance between the two main political persuasions would be advisable for day to day management, although in the case of any tied votes, Attlee would have the deciding vote. Alongside myself there were several other ministers and civil servants removing to Halifax. Of Cabinet rank, General Sir Alan Brooke had accepted the post of Secretary of State for War and Chief of Staff of British Forces-in-Exile and Lord Halifax as Foreign Secretary, whilst the inestimable Liberal Sir Henry Beveridge had agreed to serve as Minister for Health, Education and Welfare, and would maintain a ceaseless watching brief over the conduct of British affairs by the Nazis and their collaborators—both actual and supposed4. Leave takings under such pressures are never measured affairs. We were a handful of the government of the country at Achnacarry; and we were shortly to voluntarily split into two smaller handfuls. I had hardly had time to come to rest in this berth, but still one or two mementoes had found their way out of my document case and onto the desk before me: a small watercolour of Chartwell; of course, the composition was idiosyncratic and the colouring slapdash, as it was my own effort. Nevertheless, as I picked it up and laid it back in the case, it was sufficiently like my Essex home to lead me to ponder if I would ever enter through her doors again. Also, two framed photographs: one of my beloved family—for whom do we fight, ultimately? The other was of my esteemed counterpart, Das Reichsführer, Adolf Hitler. It had been brought to me courtesy of the Secret Intelligence Service. For the duration of the war SIS was tasked amongst so many other duties with bringing me every single fact concerning the lifestyle, habits, whereabouts, and actions of Hitler. If I was to defeat this madman I required every scrap of knowledge it was possible to discover about him. That photograph accompanied me across the Atlantic, and confronted me every instant that I raised my eyes from the papers upon my desk in Britannia House. The eyes were hollow, yet magnetic; the lowering gaze always said the same thing to me: I am determined to perform every action within my power to destroy you and all that you stand for. What are you determined to do? It was a question that haunted me through the War and haunts me still. Extract from A Sheep in Sheep’s Clothing: The Biography of Clement Attlee by N. S. E. Legge (Penguin Books, 1993). If there was a single moment when Britain shifted from a regular war-time footing to that of an occupied, insurgent nation, then it was the Achnacarry Summit. Churchill and Attlee, politically-speaking classic opponents, and yet in so many ways men of a similar, if not identical mind, had to perform so many tasks that day that had hitherto been considered unthinkable. These included the dissolution of the Conservative and Labour parties, formally making the remnants of their parties left behind in London unofficial bodies; the creation of the United Liberation Party, an obvious political manoeuvre which, although highly effective in channelling the considerable abilities from both major parties towards a common cause, still opened the way in the course of the War to much Machiavellian manoeuvrings by such Party figures as Dalton and Morrison, Eden and Halifax; and the acknowledgement that in day-to-day terms the men who had until the very day before borne full responsibility for the correct government of the United Kingdom, in some respects no longer bore that responsibility. To all intents and purposes the nitty-gritty of daily government would necessarily be discharged by a caretaker administration, overseen by the Nazi occupiers. The Government-in-Exile would now be managing the resistance effort, as well as offering a coherent analysis of the actions of the Collaborationist government, and offering its own policies in competition to them. Not for the first time, there were malicious whispers against Attlee, suggesting that as an apparently diffident man, he lacked Churchill’s spark and charisma, thus disqualifying him for the job of leading the Resistance Cabinet. Certainly MacMillan was not the only minister who later wondered aloud if “Winston was trying to hobble Clem before the 1945 electioneering had had a chance to officially start”. Churchill himself, although claiming the utmost respect for his Labour counterpart, is said to have introduced Attlee to Major-General Colin Gubbins, the Head of SOE’s ‘A’ Branch and mastermind of the military insurgency against the Nazis, with the words, “May I present Mr Attlee to you, Major-General. A most remarkable man. Every word of praise you have heard about him is absolutely true. All three of them.” History does not record Attlee’s response, if indeed he bothered to reply to Churchill’s needling. Time reveals all, and if Churchill proved himself to be a divisive but also determined and inspirational figure at Britannia House, so Attlee, the ‘sheep in sheep’s clothing’ in time revealed himself to be a man of quiet authority well capable of keeping the staff working with him focused and driven towards the common goal. Don’t forget to order your copy of Alt Hist Issue 7 to read the rest of this story and others. Categories Issue 7 Tags Affray, Al Murray, Aneurin Bevan, Anwar Sadat, Clement Attlee, David Cameron, Ed Miliband, Labour Party (UK), Scottish National Party, United Kingdom Leave a comment	cc/2019-30/en_head_0031.json.gz/line670
__label__wiki	0.95759	0.95759	Court: 'Extreme bias' in sending pregnant woman to prison By ED WHITE, AP DETROIT (AP) — A woman who was sentenced to prison because a judge believed she would use drugs while pregnant has been released after the Michigan appeals court accused him of "extreme bias." Samantha Hughes gave birth to a boy on July 2. The appeals court on Tuesday threw out a 13-month sentence for tampering with her tether, an electronic monitoring device, and ordered her release from prison. In a 2-1 opinion, the court said Grand Traverse County Judge Thomas Power discriminated against Hughes last December by sending her to prison because she was pregnant. Hughes had a history of drug use but told the judge that she hadn't used drugs during previous pregnancies and "would never jeopardize my children or baby." "Essentially, the trial court determined defendant's sentence term based on her pregnancy due date. ... We conclude that the trial court's reasoning behind defendant's sentence is constitutionally inappropriate, prejudicial and exemplifies extreme bias," said judges Kathleen Jansen and Jane Beckering at the appeals court. Hughes, 29, was released Wednesday after nearly seven months. She declined to comment. Her attorney, Jordan Leff, said a prison stay wasn't proportionate to her crime. "She's emotionally and physically exhausted," Leff said. "She's happy to be back to her family." Power, meanwhile, has no regrets about his decision to send Hughes to prison and said he would "absolutely" do it again. "This isn't even a close call," the judge told The Associated Press. "She very likely would have relapsed and done drugs. The potential damage was very real. It was better for her, better for society and obviously better for the child." The case made two trips to different panels at the appeals court. On June 20, judges Jonathan Tukel and Mark Cavanagh said Hughes' appeal had no merit and rejected it. Judge Elizabeth Gleicher disagreed. The Michigan Supreme Court intervened on June 28 and ordered the appeals court to take the case. Follow Ed White at http://twitter.com/edwhiteap Officer charged in ex-wife's shooting death, wounding of man Nevada dorms rocked by gas blast closed for 1 to 2 years	cc/2019-30/en_head_0031.json.gz/line671
__label__wiki	0.741832	0.741832	Summary: Unlike many schools, attending Hyakkaou Private Academy prepares students for their time in the real world. Since many of the students are the children of the richest people in the world, the academy has its quirks that separate it from all the others. By day, it is a normal school, educating its pupils in… Kokoro ga Sakebitagatterunda Summary: Jun is a girl whose words have been sealed away. She was once a very happy girl, but because of a certain thing she said when she was very young, her family was torn apart. One day, the egg fairy appeared in front of her and sealed away her ability to talk in order… Hotaru no Haka Summary:As World War II reaches its conclusion in 1945, Japan faces widespread destruction in the form of American bombings, devastating city after city. Hotaru no Haka, also known as Grave of the Fireflies, is the story of Seita and his sister Setsuko, two Japanese children whose lives are ravaged by the brutal war. They have… Neko no Ongaeshi Summary:Haru Yoshioka is your ordinary high school girl who has trouble making decisions for herself. One day, she spots a strange cat crossing the road with a small present… and a truck headed straight for it! Haru doesn’t even stop to think before jumping in front of the truck and getting them both to safety…. Summary: The Holy Grail is a powerful, ancient relic capable of granting any wish the beholder desires. In order to obtain this power, various magi known as “masters” summon legendary Heroic Spirits called “servants” to fight for them in a destructive battle royale—the Holy Grail War. Only the last master-servant pair standing may claim the… Koi to Senkyo to Chocolate Summary: In Japan, participation in extra-curricular activities is as fundamental a part of an education as chalk and gym shorts. However, not all students are overachievers, and for those like Yuki Ojima, groups like the Food Research Club are welcome havens in which to slack-off. But what’s a slacker to do when the radical new… Summary: In the year 2071, humanity has colonized several of the planets and moons of the solar system leaving the now uninhabitable surface of planet Earth behind. The Inter Solar System Police attempts to keep peace in the galaxy, aided in part by outlaw bounty hunters, referred to as “Cowboys.” The ragtag team aboard the… JIN-仁-2 完結編 Summary:Two years have passed since the last season. Jin and Saki develop a sweet confectionery that contains medicine for Saki’s mother who has a severe case of beriberi. Meanwhile, Ryoma asks Jin to care for Kaishuu Katsu’s mentor, Shozan Sakuma. Shozan is in a critical state after being attacked by the Shinsengumi. Jin is reluctant… JIN-仁- Summary:Jin Minakata, an ordinary brain surgeon, has an accident after his operation with an unidentified patient, and realizes that he has traveled back in time and reached the end of the Edo period. Through an encounter with various historical characters, Jin sets up a small clinic Jin’yudo and saves those suffering from disease and injury…	cc/2019-30/en_head_0031.json.gz/line672
__label__cc	0.542353	0.457647	Editorials \|1 April 2014 HIV and Atherosclerosis: Moving From Associations to Mechanisms and Interventions Judith S. Currier, MD, MSc; James H. Stein, MD Judith S. Currier, MD, MSc From David Geffen School of Medicine, University of California, Los Angeles, Los Angeles, California; and University of Wisconsin School of Medicine and Public Health, Madison, Wisconsin. James H. Stein, MD Requests for Single Reprints: Judith S. Currier, MD, MSc, Center for Clinical AIDS Research and Education, University of California, Los Angeles, 9991 West Pico Boulevard, Suite 980, Los Angeles, CA 90035; e-mail, jscurrier@mednet.ucla.edu. Current Author Addresses: Dr. Currier: Center for Clinical AIDS Research and Education, University of California, Los Angeles, 9991 West Pico Boulevard, Suite 980, Los Angeles, CA 90035. Dr. Stein: Department of Medicine, Cardiovascular Medicine Division, University of Wisconsin School of Medicine and Public Health, 600 Highland Avenue, G7/341 CSC (MC 3248), Madison, WI 53792. In the decade since the first reports of an increased risk for atherosclerosis among patients being treated for HIV infection, multidisciplinary research teams around the globe have made substantial progress in understanding this important problem. Several studies have described an increase of approximately 50% in the relative risk for myocardial infarction, including recent work with well-matched control populations (1, 2). In addition, studies using noninvasive measures of subclinical atherosclerosis have provided an opportunity to closely examine associations between traditional risk factors for atherosclerosis and HIV-specific risk factors. The findings from the large cross-sectional study reported by Post and colleagues (3) in this issue confirm and extend findings from earlier, smaller studies and lay the groundwork for future research priorities in this critical area of investigation. Harnessing the power of the MACS (Multicenter AIDS Cohort Study), a well-established HIV cohort study with a demographically matched control group, Post and colleagues examined the prevalence, extent, and characteristics of coronary artery plaque. They used cardiac computed tomography (CT) to measure coronary artery calcium (CAC) and coronary CT angiography to assess plaque extent and characteristics. The participants were men at an average age of 50 years. As seen in other studies, these men had high prevalence of traditional risk factors for cardiovascular disease, with a high prevalence of smokers among those infected with HIV. Strengths of Post and colleagues' study include the consistent and detailed manner in which data on potential confounders were collected from the HIV-infected and control participants and the extent... Currier JS, Stein JH. HIV and Atherosclerosis: Moving From Associations to Mechanisms and Interventions. Ann Intern Med. 2014;160:509–510. doi: 10.7326/M14-0378 Associations Between HIV Infection and Subclinical Coronary Atherosclerosis Antiretroviral-Free HIV-1 Remission and Viral Rebound After Allogeneic Stem Cell Transplantation: Report of 2 Cases Finding a Cure for HIV: Much Work to Do Efavirenz and the Risk for Suicidal Behaviors Annals of Internal Medicine; 161 (1): I-14 Prophylactic tenofovir reduced HIV infection in injectable drug users In primary prevention, the ACC/AHA risk-based approach predicted ASCVD better than trial-based or hybrid approaches TDF-FTC before and after sex reduced HIV infection but increased GI, renal events in men who have sex with men Preexposure tenofovir–emtricitabine reduced HIV infection in men who have unprotected anal sex with men Management of Newly Diagnosed HIV Infection Annals of Internal Medicine; 167 (1): ITC1-ITC16 Peripheral Arterial Disease Cardiology, Coronary Heart Disease, HIV, Infectious Disease. Intraplaque neovascularization attenuated statin benefit on atherosclerotic plaque in CAD patients: A follow-up study with combined imaging modalities. Atherosclerosis 2019; Case fatality rate and viral aetiologies of acute respiratory tract infections in HIV positive and negative people in Africa: The VARIAFRICA-HIV systematic review and meta-analysis. J Clin Virol 2019;	cc/2019-30/en_head_0031.json.gz/line673
__label__wiki	0.762145	0.762145	Brexit at Westminster: can parliament play a meaningful role? On March 13 the Constitution Unit hosted a seminar on Brexit at Westminster, exploring the role parliament has played in the lead up to the triggering of Article 50 and that it might play in the forthcoming negotiations. The panel consisted of Hilary Benn, Chair of the House of Commons Exiting the EU Committee; Arnold Ridout, Counsel for European Legislation at the House of Commons; and Baroness (Kishwer) Falkner, Liberal Democrat peer and Chair of the Financial Affairs Sub-Committee of the House of Lords EU Committee. Ascher Nathan reports. Introducing this seminar on Brexit at Westminster, Constitution Unit Director Meg Russell remarked on the perfect timing: the Article 50 Bill would have its final votes that evening. Despite earlier concerns that parliament would be shut out from any influence over Brexit it has played a central role in the lead up to the triggering of Article 50 through debates, questions, the work of select committees and, following the judgement in the Miller case, the passage of the Article 50 Bill. The next big piece of legislation will be the ‘Great Repeal Bill’. Thus, the answer to the question of whether parliament can play a meaningful role in Brexit should be considered as a resounding ‘yes’ – it has already begun to do so. And yet if the Miller case and subsequent events have been a reminder about the role parliament can play, questions still remain about exactly how it will influence debates going forward. The three speakers each brought a different perspective. Hilary Benn, Labour MP for Leeds Central, has served as a cabinet and shadow cabinet minister and is now Chair of the House of Commons Exiting the EU Committee. Arnold Ridout is Counsel for European Legislation at the House of Commons, and legal adviser on EU matters to the Commons select committees. Baroness (Kishwer) Falkner, a Liberal Democrat peer, sits on the Lords EU Committee and chairs its Financial Affairs Sub-Committee. Hilary Benn explained that the Exiting the EU Committee was a mixed group of Leavers and Remainers and thus his role as chair was to establish consensus and direct their work in a constructive manner. In what he described as the most complex trade negotiations since the end of World War II, with the Great Repeal Bill to be an ‘enormously daunting task for any government,’ Benn pledged that parliament would ‘not be a bystander’ and intended instead to be a key participant in the policy process. Fundamentally, he challenged the government claim that persistent parliamentary involvement in the negotiations would undermine ministers’ position and lead to bad deals, noting Nick Clegg’s comment that the government’s position implied that only dictatorships were in a position to make treaties. For Benn, the complexity of Brexit was a great challenge. He talked at length of numerous examples of areas where exiting the EU would prove difficult: passporting for financial services; regulation of medicines (where pharmaceutical companies will seek approval in the largest markets first) resulting in UK patients accessing them later; the regulation of data handling between states. Whilst this is a huge challenge for government, it is equally difficult for the Brexit select committee to address in the limited time available, as well as challenging for the EU. Benn agreed with the government’s position in favouring parallel negotiations for the divorce settlement and the new framework because the eighteen-month window given by Michel Barnier, chief EU negotiator, is so tight. Benn thinks it will be ‘impossible’ to agree a comprehensive trade negotiation in the time available and so called for a transitional agreement to be drafted. Finally, he discussed the Great Repeal Bill, and the nature of the detail that should be scrutinised. He called for openness by government on both the negotiations regarding transitional arrangements, and the divorce settlement itself (whilst anticipating that much of this information may be gleaned through the ‘leakiness’ of Brussels). He wanted to see a white paper on the Great Repeal Bill, and information on how subsequent legislation will be formulated: will it largely be secondary legislation, authorised by Henry VIII clauses? Benn was concerned by the fact that so far government had had to be ‘pushed and cajoled’ into understanding that parliament would not be bystander: ‘We are not a string, we are very attached to our democracy … and we intend to do our job.’ Arnold Ridout Arnold Ridout, a lawyer whose expertise lies in EU legislation, laid out five challenges for parliament: uncertainty, the role of government, committees, the technicality of the subject matter and resources. Firstly, he acknowledged the uncertainty over the basics of both the process of Brexit and the role of parliament. This could be both a benefit, and a hindrance: uncertainty could enable parliament to lay down markers, but on the other hand MPs and peers may not fully know where their focus should be. Lawyers equally require certainty, as further legislation will be required after Article 50 has been served. Secondly, he asked what the role of government would be. The key to effective scrutiny was information. The government want to keep its cards close to its chest, certainly closer than parliament would want. Indeed, the concession of a vote on the bill to trigger Article 50 was ‘squeezed out of the government.’ Thirdly, clarification over the role of committees was essential. There are currently 27 ongoing Brexit related inquiries over 19 different Commons committees, covering a range of broad areas, from energy and climate change to equality. Due to this wide-ranging committee interest, there has been a duplication of information and witnesses. This can be beneficial, (for example, the Foreign Affairs Committee has made frequent reference to the other committees in its reports); however, there needs to be strong practical coordination through the Liaison Committee and more informal networks with shared databases and resources. Fourthly, the technicality of the subject matter is particularly hampering; areas such as the Customs Union, and arcane matters of financial divorce can be assisted via specialist advisers, but it takes considerable time to absorb such technical knowledge. And finally, resources. These have increased, but have they increased enough? Ridout called for a greater recruitment of technical expertise. Baroness (Kishwer) Falkner Baroness Falkner prefaced her remarks by noting that she had rebelled on the Liberal Democrat amendment to the Article 50 Bill calling for a second referendum and planned to abstain when the amendment calling for a ‘meaningful vote’ at the end of the negotiations returned to the Lords that evening. She thus presented an atypical Lib Dem perspective. She did not support the ‘meaningful vote’ amendment because she felt that it would tie the Prime Minister’s hands and create constitutional difficulties. The Vienna Convention on Treaties required diplomatic negotiations to be entered into with bona fides (good intentions); having the Prime Minister refer back and forth to parliament would in her view undermine the UK’s bona fides. Falkner is a member of the EU Select Committee in the Lords, which has been producing reports at breakneck speed, to disseminate as much information to the public as possible. The EU Select Committee itself holds 73 members. She chairs the Economic and Financial Affairs Sub-Committee, with an impressive range of expertise in its membership, including several economics professors, Nigel Lawson, former Chancellor of the Exchequer, and other senior figures from the Treasury and civil service. Whilst across all 73 members there may have been varying degrees of expertise, overall the committee has a great deal of ‘heft’. Falkner called for three things moving forward: firstly, regular access to negotiation documents in private (as the European Parliament will have); secondly, an extension of the remit of the EU Select Committee to cover the ‘Great Repeal Bill’ and its sons and daughters; and finally a suspension of the Lords’ strict rules about three-year rotation on select committees. If the rotation rule applies it could mean that expertise would be lost at a crucial stage part way through the Brexit negotiations. Many interesting points were made in the ensuing question and answer session. The incentives of the EU 27 were described as much more diverse than purely economic self-interest; reflecting the British experience in the referendum itself, where voters were motivated as much by issues such as sovereignty and immigration, as economic. One question regarding an ‘inequality of arms’ between government and parliamentary legal advice highlighted that while the Government Legal Service has 3000 lawyers, parliament has just 20, only four of whom advise on EU matters. Also, on the legal front, questions emerged about the irrevocability of Article 50: can the UK return to the status quo ante, legally speaking? The dominant view was that this question is irrelevant; even if legally revocable, politically notification under Article 50 may be irrevocable. This highlights the tension that constitutional matters find themselves in between the logic of the law and the realism of political expediency. A final question asked about the role of the public in the Brexit process. This proved to be a tricky question. One speaker suggested that the public can lobby their MPs, but beyond that they essentially have no role to play. This raises wider questions about future relations between constituents and parliamentarians: beyond Article 50 and negotiations, does the impact of Brexit lead us towards a more direct form of democracy? You can read Arnold Ridout’s speech from this event in full at this link and view all the speeches in full (video) at this link. About the panel Hilary Benn is the Labour MP for Leeds Central and Chair of the House of Commons Exiting the EU Committee. Arnold Ridout is Counsel for European Legislation at the House of Commons. Baroness (Kishwer) Falkner is a Liberal Democrat peer and chair of the Financial Affairs Sub-Committee of the House of Lords EU Committee. Ascher Nathan is a Research Volunteer at the Constitution Unit. This entry was posted in Europe, Events, Parliament and tagged Arnold Ridout, Ascher Nathan, Baroness (Kishwer) Falkner, Brexit, Hilary Benn, House of Commons, House of Lords, House of Lords EU Committee. Bookmark the permalink. ← A second Scottish independence referendum without a s.30 Order? A legal question that demands a political answer Following the break down of talks in Northern Ireland, what now? →	cc/2019-30/en_head_0031.json.gz/line677
__label__wiki	0.576786	0.576786	An accountable Internet is a healthy Internet by Dr George S. Ford Internet giants like Google have enjoyed an unprecedented run of marketplace and political dominance – in no small part due to laws and regulations that reflect the public’s acceptance of Silicon Valley’s self-portrayal as an unalloyed force for good. But there is growing concern and frustration with an Internet lacking the values, laws and norms we expect offline – or as Aspen Institute CEO Walter Isaacson put it: “[the Internet] has begun to corrode, both itself and us. It is still a marvelous and miraculous invention, but now there are bugs in the foundation, bats in the belfry, and trolls in the basement.” Until recently, U.S. Internet companies had little trouble exploiting goodwill to try and export their favorite aspects of U.S. law. For instance, here in Australia Google lobbyist William Patry recently claimed, “if you are a company like Google who wants to store information in the cloud, or Internet searches or text and data mining, we can do that safely in the U.S. We can’t do it here.” The latest iteration of this strategy finds Google and their allies calling for Australia to adopt the “safe harbor” provisions contained in Section 512 of the Digital Millennium Copyright Act. Section 512 limits the remedies available against certain online service providers for copyright infringement by their users if the providers take specified steps to address infringement once made aware of it. In Australia, safe harbors only apply to CSPs, not companies like Google and Facebook. However, a relentless barrage of illegal and unsavory online behavior facilitated by Internet platforms is calling into question the utility of laws these companies claim are “essential” to their business – and safe harbors are not without costs to others. My own estimates suggest the DMCA’s safe harbors are costing the recording industry up to $1 billion annually in lost licensing revenue on YouTube alone – and that’s just for the United States. What’s more, Silicon Valley is facing a fierce backlash in Washington from anti-human trafficking groups, victims, law enforcement officials and other stakeholders for their tin-eared opposition to legislation seeking to hold accountable websites that facilitate sex trafficking. The bill would amend Sec. 230 of the Communications Decency Act, another safe harbor, immunizing service providers from claims based on content provided by their users without any accompanying obligations. Given growing concerns about an ailing Internet, it’s troubling that Australian lawmakers would consider importing a safe harbor regime that is increasingly under fire in the U.S. To help policymakers in Australia, the U.S. and elsewhere as they consider the appropriate scope of Internet safe harbors, my colleagues and I at the Phoenix Center recently released a paper titled Fixing Safe Harbors: An Economic Analysis, offering a new economic model for safe harbors. As we see it, the existing and overbroad U.S. safe harbors promote the success of platforms with high shares of illegal material – to the detriment of platforms using available and improving technologies to vet posted files for illegal materials. Put simply, vetting is costly, putting platforms with a conscience at an economic disadvantage in a competitive marketplace. Economic theory tells us that increasing the risk of liability on platforms that deliver illegal content to users will result in a “separating equilibrium.” That is, two types of platforms emerge – those offering legitimate content and those offering unsavory and low-value content. Thus, the introduction of platform liability will allow socially responsible platforms that vet their content to thrive. At the same time, platforms hosting illegal material would become easy targets for enforcement. For Australian policymakers, our model suggests that instead of importing Sec. 512 of the DMCA, Australia should be exporting its site-blocking law, which was enacted to address the shortcomings of Australia’s narrower, but toothless safe harbor regime, and could help diminish rampant online theft and other illegal activity. Google and their allies argue that lessening liability protections for Internet platforms will “hinder innovation”. Hardly. Stronger liability will merely redirect innovative efforts away from exploitation and crime and toward creating a safe, secure and accountable Internet. Such an Internet may be less profitable for Google, but will be better for the rest of us. Google’s Patry also said, “We think Australians are just as innovative as Americans, but the laws are different. And those laws dictate that commercially we act in a different way.” Here, I agree. By ignoring calls to introduce overbroad safe harbors in Australia, policymakers can help incentivize responsible conduct, making sure the next Google does “commercially act in a different way”. That’s a good thing, and will help ensure that the best the Internet has to offer can continue to thrive. George S. Ford is the chief economist for the Phoenix Center for Advanced Legal and Economic Public Policy Studies, a nonprofit research organisation that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age.	cc/2019-30/en_head_0031.json.gz/line678
__label__wiki	0.680492	0.680492	June 5, 2019 June 5, 2019 by alexlynch695 Review: ‘Dark Phoenix’ is the final plunge for a franchise that forgot how to soar blockbuster, dark phoenix, fox, jean grey, marvel, movie, mutants, review, simon kinberg, sophie turner, x-men, xmen An unusual contradiction of expectations await the arrival of “Dark Phoenix.” For reasons motivated more by corporate hegemony than pure storytelling, the 12th entry in the “X-Men” franchise is essentially the last under the 21st Century Fox umbrella, following the studio’s acquisition by Disney earlier this March. So, suddenly and somewhat startlingly, “Dark Phoenix’s” responsibilities are multiple, not the least of which is to provide a sense of finality. Depending on where your franchise loyalties lie, that may not be nearly as important as fixing the mistakes of 2006’s Brett Ratner-directed “X-Men: The Last Stand”; after “Days of Future Past” – still the most memorable of this recent run of “X-Men” extravaganzas – nuked its timeline in 2014 in ways we still don’t quite understand, the franchise had a clean slate to revisit the beloved Dark Phoenix comics storyline, and to tell it the right way. It’s a bit incredible, then, that “Dark Phoenix” – written and directed by Simon Kinberg, his directorial debut – repeats many of that movie’s mistakes, its flaws accentuated when it comes to its focus. Maybe at another stage of this movie’s development, Kinberg learned his lesson from 13 years ago (he also co-wrote the script to the 2006 disaster) and created a story worthy of its titanic figure. Instead what we get is essentially a 100-minute-long set piece that emotionally climaxes much too early and with barely any foreplay, the product of a chronologically messy decade for the franchise that has produced stories more or less isolated from one another, but with an overlapping, ever-growing set of characters ranging in importance. At this point in the re-time-shuffled X-Men story – ostensibly taking place in the ‘80s, though one look at the characters makes that impossible to believe, unless it’s simply a trait of all mutants to age much slower – mutants have been largely accepted. A one-way line between Professor Xavier and the president has been established, and the team uses its powers when they are needed to avert disaster. Humans used to be the enemy; suddenly everyone is singing kumbaya, though it’s resulted in a splintering among the team. Most of the key figures from this timeline have returned – Jennifer Lawrence’s Mystique, Nicholas Hoult’s Beast, James McAvoy’s Xavier and Michael Fassbender’s Magneto – along with some fresher heroes we’re meant to remember despite only have been introduced to them in 2017’s “X-Men: Apocalypse”—heavy air quotes on “introduced.” Sophie Turner’s young Jean Grey is one of those characters the movie would like to believe we’re already invested in, though it’s clear Kinberg and Co. are relying heavily on Turner’s “Game of Thrones”-manifested popularity. So when she gets caught in a solar flare while on a mission to save a group of astronauts stranded in space, we don’t share her team’s horror as she is imbued with an indie movie budget’s worth of CGI razzle-dazzle. More acutely, the power-via-cosmos-spectacle is an early sign that Kinberg isn’t all that interested in telling the story of an X-Woman (the movie finally gets in on the social commentary) breaking bad of her own accord. The attraction of the X-Men has always been in its power as pop culture-invading allegory; namely, mutant as the unwelcomed, misunderstood immigrant (how would a President Trump respond?). With “Dark Phoenix,” it’s no mistake that the “X-Men” moniker is absent (though it does come across as a plea not to associate this mess with some of the franchise’s high points). The movie is most interesting – when you can dig past its general lack of filmmaking creativity or all-out spectacle – as an allegory of men bottling up feminine power. In that regard, though, it’s an immense ask of the audience to reconcile its foundational themes with what Kinberg’s screenplay seems more interested in; namely Xavier’s arc as well-intentioned X-Men patriarch to a figure who needs to have a questionable amount of control. There are seeds of enticing ideas at work in “Dark Phoenix” – their mere existence ensures this isn’t the very worst of the dozen films in the franchise – but they rarely harmonize with a story that feels, if not bloated with subplots, then hastily bringing them to ill-fitting, rushed ends. This is supposedly an antihero’s origin, journey and conclusion, and it’s because of a distractingly obvious lack of care that I still don’t know whether “antihero” is even the right thing to refer to what Jean becomes as. The dark turn for the central X-Men member (and the movies tries and fails to match that darkness in tone) finds itself playing second, sometimes third, fiddle to wrapping up what is one of the most influential and pioneering franchises of contemporary superhero cinema as we know it, along with Sam Raimi’s web-slinging trilogy. It’s that business that relegates her – to levels disarmingly reminiscent of the 2006 misfire – to little more than a tool for another force. The movie’s finale will draw connections with “Captain Marvel,” though it’s a jarring bit of self-realization in the narrative, akin to stumbling drunk to your front door and not troubling yourself with how you got there. If there’s one thing this movie should have feared, it’s the audience asking, “So…what does it mean to be the Dark Phoenix?” Kinberg’s story never considers the question. It’s a messy concoction of themes at odds with intention, and at worst a fundamental misunderstanding of what has made these movies so special at their highest points (even the reliably entertaining powers of Evan Peters’s Quiksilver are strangely shunted). And that’s before the Terminator-esque antagonists are introduced, led by a Jessica Chastain that looks as utterly bored as her hair is platinum. Like Patrick Stewart and Sir Ian McKellen as the once and future iterations of Xavier and Magneto, McAvoy and Fassbender have been this iteration’s consistently best assets. What used to be evidence that the X-Men movies were taking the kind of approach that would make good use of their talents has become an uneasy feeling of, “Wait, what’s that actor doing in a movie like this?” There might not be anything more emblematic for this rollercoaster ride of a series that has enchanted as often as it’s dulled. “Dark Phoenix” generally does more of the latter than the former, but the screenplay also provides as best a conclusion to the young Xavier-Magneto story as we probably could have expected. It begs the question: Were they the focus all along, with Jean, Beast, Cyclops, Storm and everyone else simply the mutant friends we made along the way? It almost feels like the movie paying its dues to that pair of actors, making sure their time in the blockbuster world has been worth it. If there’s one high bar the X-Men’s eventual introduction into the MCU has yet to meet, it’s the symmetrical gravitas four actors brought to those two roles, as important as any for the series’s relevance aside from one beer-drinking, adamantium-clawed icon. There were never clear signs that these films were building to some grand conclusion – no real indication that they are puzzle pieces in a larger story – but I can’t shake the feeling of what a well-considered, appropriately-structured finale a la “Avengers: Endgame” would have looked like for these heroes we’ve been watching for years. “Dark Phoenix” is what happens when there’s tension between a desire to play the long game, but not wanting to invest in it—the seasoned Hollywood producer stepping behind the plate having seen what it takes to hit the home run, and possessing none of the skill for himself. “Dark Phoenix” is rated PG-13 for intense sequences of sci-fi violence and action including some gunplay, disturbing images and brief strong language. Starring: Sophie Turner, James McAvoy, Michael Fassbender, Jennifer Lawrence Directed by Simon Kinberg ← Previous Post Review: Olivia Wilde is a weary warrior in the contemplative, inconsistent ‘A Vigilante’ Next Post → Review: ‘Rocketman’ is an exuberant, earnest chronicle of a rocker tensecondsfromnow June 5, 2019 at 3:27 pm Well written review. As someone who doesn’t know the backstory, this film felt pretty jumbled…reading this, I can see why…	cc/2019-30/en_head_0031.json.gz/line682
__label__wiki	0.933542	0.933542	↪ Title 22. Criminal Offenses and Penalties. ↪ Chapter 30. Sexual Abuse. ↪ Subchapter II. Sex Offenses. ↪ § 22–3008. First degree child sexual abuse. § 22–3007. Defense to sexual abuse. § 22–3009. Second degree child sexual abuse. § 22–3008. First degree child sexual abuse. Whoever, being at least 4 years older than a child, engages in a sexual act with that child or causes that child to engage in a sexual act shall be imprisoned for any term of years or for life and, in addition, may be fined not more than the amount set forth in § 22-3571.01. However, the court may impose a prison sentence in excess of 30 years only in accordance with § 22-3020 or § 24-403.01(b-2). For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), the offense defined by this section is a Class A felony. (May 23, 1995, D.C. Law 10-257, § 207, 42 DCR 53; June 8, 2001, D.C. Law 13-302, § 7(b), 47 DCR 7249; June 11, 2013, D.C. Law 19-317, § 232(f), 60 DCR 2064.) 1981 Ed., § 22-4108. This section is referenced in § 22-3011, § 22-3012, § 22-4001, § 22-4502, § 23-113, § 24-112, and § 24-403.01. D.C. Law 13-302 added the last two sentences. The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “an amount not to exceed $250,000”. Sentencing, supervised release, and good time credit for felonies under this section committed on or after August 5, 2000, see § 24-403.01. For temporary (90-day) amendment of section, see § 7(b) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271). For temporary (90 day) amendment of section, see § 7(b) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443). For temporary (90 day) amendment of section, see § 7(b) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239). For temporary (90 day) amendment of section, see § 7(b) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370). For temporary (90 days) amendment of this section, see § 232(f) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.	cc/2019-30/en_head_0031.json.gz/line685
__label__cc	0.638425	0.361575	↪ Title 47. Taxation, Licensing, Permits, Assessments, and Fees. [Enacted title] ↪ Chapter 3. Budget and Financial Management; Borrowing; Deposit of Funds. ↪ Subchapter III-A. Financial Institutions Deposits and Investments. Subchapter III. Deposit of Public Funds. [Repealed]. Subchapter III-B. Anti-Deficiency. Subchapter III-A. Financial Institutions Deposits and Investments. § 47–351.01. Definitions. § 47–351.02. Powers of the Mayor. § 47–351.03. General deposit and investment requirements. § 47–351.04. Eligibility requirements; bidding; awards process. § 47–351.05. Competition for banking business. § 47–351.06. Financial score. § 47–351.07. Community development score. § 47–351.08. Collateral and reporting requirements. § 47–351.09. Linked deposits for community development lending. § 47–351.10. Preservation of banking services. § 47–351.11. District funds reserved for certain insured institutions. § 47–351.12. Public disclosure. § 47–351.13. Protection of District funds at risk. § 47–351.14. Check cashing; identification. § 47–351.15. Penalties. § 47–351.16. Rulemaking. For the purposes of this subchapter, the term: (1) “Bank” means an insured financial institution as defined in section 2 of the Federal Deposit Insurance Act, approved September 21, 1950 (64 Stat. 873; 12 U.S.C. § 1813), which: (A) Accepts demand deposits or deposits that the depositor may withdraw by check or similar means for payment to third parties or others; and (B) Is engaged in the business of making commercial loans. (2) “Banking business” means the deposit or investment of District funds or the use of District funds for the provision of financial services. (2A) “Collateralized mortgage obligations” shall mean securities issued by a government or quasi-governmental agency and backed by a pool of underlying home mortgages packaged and sold in the secondary market. (3) “Community Reinvestment Act” means the Community Reinvestment Act of 1977, approved October 12, 1977 (91 Stat. 1147; 12 U.S.C. §§ 2901-2907). (4) “Compensating balances” means collected balances held by the depository to compensate the depository for the cost of financial services rendered. (5) “Credit union” means an institution insured by the National Credit Union Administration, and either serving designated geographical areas within the District of Columbia or serving the employees of the District. (6) “Deposit” means District funds which are held by a financial institution subject to withdrawal upon demand by the District or upon a check or warrant of the District or the act of entrusting District funds into a financial institution. (7) “District” means the government of the District of Columbia. (8) “District funds” means money, currency, notes, or drafts belonging to or under the control of the District, including, but not limited to, the federal payment, federal grants, taxes, fees, special assessments, all other funds received from the federal government, and funds paid to or received by a board, agency, commission, institution, committee, or office of the District or from any other source. This does not include any assets of a pension, assets held by the District of Columbia Financial Responsibility and Management Assistance Authority, an employee deferred compensation program of the District, or an irrevocable trust established pursuant to § 1-626.11. (9) “Eligible financial institution” means any bank or any brokerage firm registered with the United States Securities and Exchange Commission (“SEC”) or any savings and loan association, savings bank, credit union, or any subsidiary or affiliate thereof meeting the requirements to become eligible to submit a bid pursuant to § 47-351.04. (10) “Financial services” means those services performed by a financial institution in connection with the retention of deposits, including check payment, check clearing, reconciliation of accounts, check printing, the collection and transfer of taxes and fees, night depository services, custodial services, and other services that may be necessary for the efficient management of District funds. (11) “Home Mortgage Disclosure Act” means the Home Mortgage Disclosure Act of 1975, approved December 31, 1975 (89 Stat. 1124; 12 U.S.C. § 2801 et seq.). (12) “Insured financial institution” or “insured institution” means a bank, savings and loan association, savings bank, credit union, or any subsidiary or affiliate thereof. (13) “Invest” means to commit District funds in order to gain profit or interest. (14) “Investment” means property acquired with District funds for future profit or interest. (15) “Investment grade obligation” means securities that have a minimum rating of BBB, Baa, or BBB- from Standard and Poor’s, Moody’s Investor Service, or Fitch Investor Service rating agencies that rate the securities. (16) “Linked deposit” means limited deposits in an insured financial institution made pursuant to an authorization from the Mayor, or CFO pursuant to § 47-351.02(c), to waive the competitive bidding requirements of the act in order to make a deposit in return for that institution’s commitment to make community development loans in low-to-moderate income areas. (17) “Low-to-moderate income area” means a census tract in which more than 50% of the households have a median household income of less than 100% of the District’s median household income based on the most recent decennial census. (18) “Mayor” means the Mayor of the District of Columbia. (19) “Mortgage loan” means a loan that is secured by residential real property. (20) “Noninsured financial institution” means an investment advisor, investment banker, investment company, investment trust, or any other company, subsidiary, or affiliate thereof designated by the Mayor, or the CFO during a control year. (21) “Quasi-governmental corporation” means United States government-sponsored enterprises that issue investment-grade obligations. This includes, but is not limited to, banks for cooperatives, federal land banks, federal intermediate credit banks, federal farm credit banks, federal home loan banks, the Federal Home Loan Bank Board, the Tennessee Valley District, the Small Business Administration, or any such agency or enterprise that may be created. (22) “Savings and loan association” means an institution organized as a savings and loan association under the laws of the United States, a state, or the District, the deposits of which are insured by the Federal Deposit Insurance Corporation. (23) “Savings bank” means an institution organized as a savings bank under the laws of the United States, a state, or the District, the deposits of which are insured by the Federal Deposit Insurance Corporation. (24) “Small business” means a business with annual gross sales or revenues of $5 million or less. (Mar. 18, 1998, D.C. Law 12-56, § 2(c), 44 DCR 6933; Apr. 20, 1999, D.C. Law 12-264, § 52(a), 46 DCR 2118; June 16, 2006, D.C. Law 16-125, § 2(a), 53 DCR 4707; Mar. 25, 2009, D.C. Law 17-353, § 116, 56 DCR 1117.) 1981 Ed., § 47-351.1. This section is referenced in § 2-1210.02, § 2-1217.105, § 8-1778.25, and § 34-1312.05. D.C. Law 16-125 added par. (2A). D.C. Law 17-353 validated a previously made technical correction in the redesignation of par. (25) as par. (2A). (a) The Mayor or the Mayor’s designated officer shall invest, deposit, or obtain financial services for all District funds that the Mayor does not need for immediate disbursement. (b) The Mayor may exercise any power that is necessary to implement and enforce this subchapter. (c) During a control year, as defined in § 47-393(4), the powers exercised by the Mayor pursuant to this subchapter, except for § 47-351.16, shall be exercised by the Chief Financial Officer of the District of Columbia (“CFO”). (Mar. 18, 1998, D.C. Law 12-56, § 2(c), 44 DCR 6933.) This section is referenced in § 47-351.01, § 47-351.03, § 47-351.04, § 47-351.05, § 47-351.06, § 47-351.07, § 47-351.08, § 47-351.09, § 47-351.10, § 47-351.11, § 47-351.12, and § 47-351.13. See Historical and Statutory Notes following § 47-351.01. Mayor's Orders Companies and their subsidiaries or affiliates doing business in or with the Republic of South Africa or Namibia: See Mayor’s Order 90-115, August 14, 1990 and Mayor’s Order 90-189, November 30, 1990. Delegation of Authority Delegation of authority under Law 5-50, see Mayor’s Order 84-82, May 4,1984. Delegation of authority under D.C. Law 9-185, “Public Funds Investment Policy in Financial Institutions and Companies Making Loans to or Doing Business with Northern Ireland Amendment Act of 1992”, see Mayor’s Order 93-76, June 16, 1993. (a) Unless otherwise provided by law, the Mayor, or the CFO pursuant to § 47-351.02(c), shall invest and deposit District funds in, and obtain financial services from, eligible financial institutions. (b) The Mayor, or the CFO pursuant to § 47-351.02(c), shall determine what amount of District funds are needed immediately and maintain deposit funds in amounts great enough to satisfy that need. The Mayor, or the CFO pursuant to § 47-351.02(c), shall invest all other funds. (c) The Mayor, or the CFO pursuant to § 47-351.02(c), shall invest District funds in: (1) Bonds, bills, notes, or other obligations issued by the United States government; (2) Federally insured negotiable certificates of deposit or other insured or uninsured evidences of deposit at a financial institution; (3) Bonds, bills, notes, mortgage-backed or asset-backed securities, or other obligations of a quasi-governmental corporation; (4) Prime banker acceptances that do not exceed 270 days maturity; (5) Prime commercial paper that does not: (A) Have a maturity that exceeds 180 days; and (B) Exceed 10% of the outstanding commercial paper of the issuing corporation at the time of purchase; (6) Investment grade obligations of the District or a state or local government; (7) Repurchase agreements for the sale or purchase of securities by the District under the condition that, after a stated period of time, the original seller or purchaser will buy back or sell the securities at an agreed price that shall include interest; (8) Investment grade asset-backed or mortgaged-backed securities; or (9) Money market funds registered with the Securities and Exchange Commission and which meet the requirements of Rule 2(a)(7) of the Investment Company Act of 1940, approved August 22, 1940 (54 Stat. 789; 15 U.S.C. § 80a-1 et seq.). (d) The Mayor, or the CFO pursuant to § 47-351.02(c), shall not allow the amount of District funds deposited or placed for the provision of financial services in a single eligible financial institution to exceed the lesser of either: (1) Twenty-five percent of the total assets of the eligible financial institution, exclusive of District funds; or (2) Twenty-five percent of the total District funds available for deposit or investment as of the date of such deposit or placement and as of the end of each fiscal quarter thereafter. This section is referenced in § 47-351.11. (a) To become eligible to submit a bid under this subsection: (1) An insured institution shall provide the Mayor, or the CFO pursuant to § 47-351.02(c), with information from which the Mayor, or the CFO pursuant to § 47-351.02(c), can calculate a community development score under § 47-351.07. This information may include, but need not be limited to, current community development data, Community Reinvestment Act statement and evaluation with a minimum of “satisfactory” rating on its latest Community Reinvestment Act examination, and Home Mortgage Disclosure Act reports. (2) A noninsured institution shall submit to the Mayor, or the CFO pursuant to § 47-351.02(c), a statement of Equal Employment Opportunity or Affirmative Action. (b) Each year the Mayor, or the CFO pursuant to § 47-351.02(c), shall compile a list of eligible financial institutions that submit the information pursuant to the requirements of subsection (a) of this section. (c) The Mayor, or the CFO pursuant to § 47-351.02(c), shall send the solicitations for bids to all financial institutions that are eligible. The Mayor, or the CFO pursuant to § 47-351.02(c), shall remove from the eligible list those financial institutions that the Mayor, or the CFO pursuant to § 47-351.02(c), has deemed to be financially unsound and those bidders that have put District funds at risk pursuant to § 47-351.13(a). (d) In solicitations for bids, the Mayor, or the CFO pursuant to § 47-351.02(c), shall include the following information: (1) In the case of deposits or investments: (A) The term of the deposit or investments; (B) The approximate amount available for deposit or investment; (C) The evaluation criteria; and (D) All other information required by the Mayor, or the CFO pursuant to § 47-351.02(c), or that is necessary for compliance with this subchapter. (2) In the case of financial services: (A) A list of the financial services needed; (B) The evaluation criteria; and (C) All other information required by the Mayor, or the CFO pursuant to § 47-351.02(c), or that is necessary for compliance with this subchapter. (e) The Mayor, or the CFO pursuant to § 47-351.02(c), may solicit bids for either single financial services or groups of financial services. (f) If applicable, a bidder shall provide the following information in a bid: (1) The identity of the bidder; (2) The minimum and maximum amount of District funds the bidder will accept; (3) The rate of return; (4) The type of financial services to be provided and the cost to the District for the financial services; (5) The amount of the compensating balances, if any, and the rate of return on any deposit used for a compensating balance; (6) A description of the experience and capacity of the financial institution to perform the banking business for which the bid is submitted; (7) Information necessary to assess risk and liquidity; and (8) Any other information required by the Mayor, or the CFO pursuant to § 47-351.02(c). (g) The Mayor, or the CFO pursuant to § 47-351.02(c), shall make available to each bidder the notice of the bid award including the terms of the bid award. (h) Two or more eligible financial institutions may submit a joint bid. (i) The Mayor, or the CFO pursuant to § 47-351.02(c), may at any time prior to the notice of award withdraw a bid solicitation for good cause. The Mayor, or the CFO pursuant to § 47-351.02(c), shall notify any financial institution that has submitted a bid prior to the withdrawal of the bid solicitation. (j) The Mayor, or the CFO pursuant to § 47-351.02(c), may retain or maintain deposits, investments, or financial services agreements at a financial institution which is a successor to the contractual agreement. (Mar. 18, 1998, D.C. Law 12-56, § 2(c), 44 DCR 6933; Apr. 20, 1999, D.C. Law 12-264, § 52(b), 46 DCR 2118.) This section is referenced in § 47-351.01, § 47-351.10, and § 47-351.11. (a) Except as otherwise provided by §§ 47-351.09, 47-351.10, and 47-351.11, the Mayor, or the CFO pursuant to § 47-351.02(c), shall select eligible financial institutions with which to conduct the banking business of the District based on the highest composite score for a bid. If 2 or more eligible financial institutions receive the highest composite score, the Mayor, or the CFO pursuant to § 47-351.02(c), shall select the eligible financial institution with the highest community development score calculated under § 47-351.07. (b) The Mayor, or the CFO pursuant to § 47-351.02(c), shall calculate the composite score of an eligible financial institution in the following manner: (1) Eighty percent based upon a financial score, calculated under § 47-351.06; and (2) Twenty percent based upon a community development score, calculated under § 47-351.07. This section is referenced in § 47-351.10 and § 47-351.11. The Mayor, or the CFO pursuant to § 47-351.02(c), shall calculate a financial score for each eligible financial institution. For each bid solicitation, the Mayor, or the CFO pursuant to § 47-351.02(c), shall decide how much weight and how many points to give each of the following elements to calculate the financial score: (1) Investment and deposit bids based on the rate of return that a bidder offers; (2) Financial services bids based on the cost of service; (3) All bids based on an assessment of risk and financial condition; (4) All bids based on the capacity of a bidder to perform and prior performance record; and (5) Any other criteria required to evaluate a bid. (a) The Mayor, or the CFO pursuant to § 47-351.02(c), shall calculate the community development score by calculating a ratio of the eligible financial institution’s performance for 1 or more of the criteria in each of the 3 categories under subsection (b) of this section; multiplying the ratio by the weight for each category listed in subsection (c) of this section; and then adding the weighted points for all 3 categories to produce the final community development score. (b) The Mayor, or the CFO pursuant to § 47-351.02(c), shall calculate a ratio for an eligible financial institution’s performance listed within the categories of mortgage lending, community development lending, and financial services. A ratio is the level of activity for a specific criterion divided by the institution’s overall performance in the generic activity that includes the specific criterion. The criteria to be considered for mortgage lending are the total mortgage lending made in low-to-moderate income areas in the District and the total mortgage lending made in low-to-moderate income areas by third parties and purchased by the bidding financial institution in the secondary market; for community development lending are the total lending activity to small businesses located in low-to-moderate income areas in the District and the total lending to small businesses located in low-to-moderate income areas in the District by third parties and purchased by the financial institution in the secondary market; and for financial services is the number of branches in low-to-moderate income areas in the District. (c) The Mayor, or the CFO pursuant to § 47-351.02(c), shall assign the following weighing factors to the numerical scores given under the categories listed in subsection (b) of this section, to calculate the community development score for an eligible financial institution: (1) Forty percent for mortgage lending; (2) Forty percent for community development lending; and (3) Twenty percent for financial services. (d) Noninsured institutions providing investment services are exempt from providing data for a community development score as prescribed in this section. Investment services from noninsured institutions shall be awarded on the basis of a financial score, as calculated under § 47-351.06. (e) The Mayor, or the CFO pursuant to § 47-351.02(c), shall periodically issue a report on the community development efforts of the eligible financial institutions on the eligible bidder’s list. (Mar. 18, 1998, D.C. Law 12-56, § 2(c), 44 DCR 6933; Apr. 20, 1999, D.C. Law 12-264, § 52(c), 46 DCR 2118.) (a) Except for securities directly purchased without a repurchase agreement and money market funds, an eligible financial institution must at all times provide collateral equal to at least 102% of the District funds held by the eligible financial institution for deposits and investments that are not fully federally insured. (b) The Mayor, or the CFO pursuant to § 47-351.02(c), may accept as collateral any combination of the following: (1) Bonds, bills, or notes for which the interest and principal are guaranteed by the United States government; (2) Securities of a quasi-governmental corporation; (4) Collateralized mortgage obligations; or (5) Letters of credit issued by a Federal Home Loan Bank. (c) The Mayor, or the CFO pursuant to § 47-351.02(c), may at any time classify the use of a particular type of collateral as ineligible. (d) The Mayor, or the CFO pursuant to § 47-351.02(c), may at any time require that collateral exceed 102% of the District funds held for deposit or investment. (e) The Mayor, or the CFO pursuant to § 47-351.02(c), shall require the eligible financial institution to place required collateral in a joint custody account established for the benefit of the District at the Federal Reserve Bank under procedures of the Federal Reserve Bank, or in an independent third-party insured institution. Collateral for investments may be placed at a third-party insured institution customer account in a Federal Reserve Bank with the approval of the Mayor, or the CFO pursuant to § 47-351.02(c). (f) Upon written approval of the Mayor, or the CFO pursuant to § 47-351.02(c), an eligible financial institution may substitute collateral of greater or equivalent value from the various types listed in subsection (b) of this section. (g) An eligible financial institution may not withdraw collateral previously pledged without the prior approval of the Mayor, or the CFO pursuant to § 47-351.02(c). (h) An eligible financial institution shall submit to the Mayor, or the CFO pursuant to § 47-351.02(c), monthly verified reports that list all segregated collateral for District funds and its market value. The report shall also include the average daily balance of the amount of District funds on deposit or invested for the previous month. An insured institution shall submit copies of its quarterly call reports within 45 days after each fiscal quarter. A noninsured institution shall submit its Form 10K or annual financial statements within 60 days after each fiscal year. (Mar. 18, 1998, D.C. Law 12-56, § 2(c), 44 DCR 6933; Apr. 20, 1999, D.C. Law 12-264, § 52(d), 46 DCR 2118; Apr. 12, 2000, D.C. Law 13-91, § 156(a), 47 DCR 520; June 16, 2006, D.C. Law 16-125, § 2(b), 53 DCR 4707; Oct. 22, 2015, D.C. Law 21-36, § 7112, 62 DCR 10905.) D.C. Law 13-91 amending subsec. (h) struck the word “Noninsured” and inserted the word “noninsured” in its place. D.C. Law 16-125, in par. (b)(2), deleted “or”; in par. (b)(3), substituted “; or” for a period at the end; and added par. (b)(4). The 2015 amendment by D.C. Law 21-36 added (b)(5) and made related changes. For temporary (90 days) amendment of this section, see § 7082 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201). (a) The Mayor, or the CFO pursuant to § 47-351.02(c), may make a deposit in an insured financial institution in return for a commitment by that institution to make specific community development loans in a low-to-moderate income area. The Mayor, or the CFO pursuant to § 47-351.02(c), shall determine the amount and scope of community development loans required to qualify for such linked deposits. (b) When making a linked deposit, the Mayor, or the CFO pursuant to § 47-351.02(c), may accept a below-market interest rate that is within 3% of the market rate interest if the insured financial institution provides an equivalent reduction in the interest rate charged for the community development lending to which the deposit is linked. (c) The Mayor, or the CFO pursuant to § 47-351.02(c), may make deposits linked to either specific loans or loan types. (d) An insured financial institution may submit to the Mayor, or the CFO pursuant to § 47-351.02(c), a linked deposit application that includes information about the proposed community development lending and any other information the Mayor, or the CFO pursuant to § 47-351.02(c), requires. (e) If the Mayor, or the CFO pursuant to § 47-351.02(c), approves a linked deposit application, the Mayor, or the CFO pursuant to § 47-351.02(c), and the insured financial institution shall enter into an agreement that includes each of the following terms and conditions and any others the Mayor, or the CFO pursuant to § 47-351.02(c), may require: (1) A requirement that the insured institution shall not assign or sell a loan made with the proceeds of a linked deposit without approval of the Mayor, or the CFO pursuant to § 47-351.02(c), as long as the linked deposit is in effect; (2) A requirement that a delay in payment or default by a borrower receiving a linked deposit loan does not affect the agreement between the insured financial institution and the Mayor, or the CFO pursuant to § 47-351.02(c); (3) The terms of the deposit; (4) A requirement that the Mayor, or the CFO pursuant to § 47-351.02(c), shall monitor compliance with the agreement; and (5) The terms of the community development loans lending effort. (f) The total amount of linked deposits and community development program deposits shall not exceed 7% of the average annual investment balance of the latest audited fiscal year. (a) Without regard to the competitive bidding requirements of §§ 47-351.04 and 47-351.05, the Mayor, or the CFO pursuant to § 47-351.02(c), may place deposits or investments at an insured financial institution for the purpose of maintaining banking services in a low-to-moderate income area in the District. (b) If the Mayor, or the CFO pursuant to § 47-351.02(c), waives the requirements of §§ 47-351.04 and 47-351.05, the Mayor, or the CFO pursuant to § 47-351.02(c), shall execute a community development program agreement with the insured financial institution or certify that the insured financial institution is meeting the objectives of an existing community development program. (c) For the purposes of this section only, a community development program agreement shall meet the requirements of § 26-704(d). 1981 Ed., § 47-351.10. Without regard to the competitive bidding requirements of §§ 47-351.05 and 47-351.07, the Mayor, or the CFO pursuant to § 47-351.02(c), may reserve up to 10% of District funds available for deposit or investment in order to make an investment or a deposit with one or more insured financial institutions located in the District that have less than $550 million in assets. The amount available for deposit or investment is to be calculated based upon the prior year’s average investment balance. In selecting an insured financial institution under this section, the Mayor, or the CFO pursuant to § 47-351.02(c), shall follow the provisions of § 47-351.04 and shall encourage the use of women-owned banks and federally or District chartered minority-owned banks certified by the Small and Local Business Opportunity Commission in accordance with [subchapter IX-A of Chapter 2 of Title 2]. The amount of District funds deposited in any such institution shall not exceed the federally insured amount, unless the amount of District funds deposited that exceed the federally insured amount meet the collateral requirements set forth in § 47-351.08 and the permitted investment instrument provisions set forth in § 47-351.03. (Mar. 18, 1998, D.C. Law 12-56, § 2(c), 44 DCR 6933; October 4, 2000, D.C. Law 13-169, § 8, 47 DCR 5846; Oct. 20, 2005, D.C. Law 16-33, § 2381(c), 52 DCR 7503; Mar. 20, 2008, D.C. Law 17-124, § 2, 55 DCR 1516.) D.C. Law 13-169 authorized striking the phrase “Minority Business Opportunity Commission in accordance with § 1-1141 et seq.” and inserting the phrase “Local Business Opportunity Commission in accordance with subchapter II-B of Chapter 2 of Title 2.” in its place. D.C. Law 16-33 substituted “Small and Local Business Opportunity Commission in accordance with subchapter IX-A if Chapter 2 of Title 2 ” for “District of Columbia Local Business Opportunity Commission in accordance with subchapter IX of Chapter 2 of Title 2”. D.C. Law 17-124 substituted “10%” for “1%”; substituted “550” for “350”; and inserted “, unless the amount of District funds deposited that exceed the federally insured amount meet the collateral requirements set forth in § 47-351.08 and the permitted investment instrument provisions set forth in § 47-351.03”. For temporary (90 day) amendment of section, see § 2381(c) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667). (a) Except as provided in subsection (b) of this section, all information submitted by a financial institution to the Mayor, or the CFO pursuant to § 47-351.02(c), shall be available for public inspection and reproduction during regular business hours. (b) Proprietary financial and commercial information of any financial institution shall be kept confidential. (c) A breach of confidentiality shall be subject to the penalties set forth in § 47-351.15. (a) The Mayor, or the CFO pursuant to § 47-351.02(c), may take the action provided for in subsection (b) of this section to protect District funds if: (1) A financial institution fails to return a deposit upon demand or upon the termination of or pursuant to the terms of an agreement; (2) A financial institution fails to pay a valid check, draft, or warrant issued by the Mayor, or the CFO pursuant to § 47-351.02(c); (3) A financial institution fails to honor a request for the electronic transfer of District funds; (4) A financial institution fails to account for a check, draft, warrant, order, deposit, certificate, or money that the District entrusts to it; (5) A financial institution fails to return an investment under the terms of an agreement or upon the termination of an agreement; (6) A financial institution fails to perform under the terms of an agreement involving banking business; (7) A financial institution fails to maintain the required collateral pursuant to § 47-351.08; (8) A court or a federal, District, or state banking regulator orders a financial institution to refrain from making payments on its liabilities; (9) A court or a federal, District, or state banking regulator appoints a conservator or receiver for the financial institution; (10) The Mayor, or the CFO pursuant to § 47-351.02(c), determines that the financial institution is financially unsound; (11) A financial institution fails to comply with this subchapter; or (12) Any other action has occurred or is impending which the Mayor, or the CFO pursuant to § 47-351.02(c), decides would place District funds in jeopardy. (b) If the Mayor, or the CFO pursuant to § 47-351.02(c), determines that any condition under subsection (a) of this section exists, the Mayor, or the CFO pursuant to § 47-351.02(c), may, without any further action: (1) Withdraw or demand the return of District funds immediately; (2) Take action to seize all collateral provided under section 9; (3) Liquidate collateral and retain proceeds in the amount equal to District funds held by the financial institution plus liquidation costs; (4) Direct the financial institution to immediately stop performing any financial services for the District; (5) Terminate any agreement relating to banking business; (6) Remove the financial institution from the eligible bidder’s list; or (7) Take other action deemed necessary for the protection of District funds. (a) An eligible financial institution shall cash checks issued by the District government without charge for both account and non-account holders. (b) An insured institution may require a holder of a check meeting the requirements of subsection (a) of this section to show proper identification. Proper identification is any form of identification as required by the bank in accordance with its rules and regulations. Any director, officer, manager, agent, or employee of an eligible financial institution who knowingly violates a provision of this subchapter may, upon conviction, be fined not less than $500 nor more than $2,000. The Mayor, pursuant to title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; § 2-501 et seq.), shall issue rules to implement the provisions of this subchapter.	cc/2019-30/en_head_0031.json.gz/line686
__label__wiki	0.544746	0.544746	Continue reading The Misguided Allure of Deep Tracks »"> Jon Coleman Don’t get radio talent coach Steve Reynolds started on deep tracks. Wait, it’s too late. It all started June 2nd at 11:53am on his Facebook page, when he posted this: “Dear Yacht Rock Radio on SiriusXM: welcome back, happy summer, missed you, but…you’re playing lots of unfamiliar music and songs that are stiffs. Please get back to the cheesy, known songs only.” That initial post regarding the seasonal soft rock channel inspired 41 comments, including chime-ins from some pretty big name radio people. But Steve was just getting started. An hour later he posted this: A few days later, he asked his followers to “report all non-yacht songs heard on Yacht Rock Radio,” a post that resulted in 80 comments. To date, the topic has generated hundreds of comments. We were intrigued enough to cover the topic in this week’s blog. Steve takes issue with two separate points in his posts. One is the playing of “stiffs”, or unfamiliar songs, and the other is songs that he feels don’t make sense on the station. The Fit measurement we use in our FACT360 Strategic Music Tests can tell you when a song may not be in sync with your brand. I covered this topic in the blog, “Should I Play That Song On My Radio Station”. When it comes to the former issue, whether or not to play deep tracks, here is an absolute truth—every radio program director or music director, at some point or another, has felt the allure of playing lesser-known songs or songs that weren’t hits on their station. It may be a caller on the request line, a salesperson or the programmer questioning himself. And when a PD has to make the decision on whether a deeper track makes sense, the first questions to ask are: Why are they listening to you and what are their expectations? SiriusXM, for example, has a deep tracks channel, where the perception Steve noted on the Yacht Rock channel would be reversed. If you hear a hit on the deep tracks channel, that would not be delivering to expectation. This aligns with the very reason why Steve explains he was inspired to write the post in the first place. “Yacht Rock brings me back to a happy, carefree time,” he says. “The role of the Yacht Rock channel for me is nostalgia. When a comfortable, familiar song like ‘Deacon Blues’ by Steely Dan comes on, for example, it makes me smile. I don’t want to have to use brainpower when I’m in this state. When a song comes on I’ve never heard of in this context, now I’m using parts of my brain to think about whether I know it and what I think of it. That’s not why I’m there.” Rupert Holmes has one hit with staying power. This isn’t it. Context plays a crucial role. AAA stations often have perception of more depth that may allow them to go deeper than a Hot AC station, for example. If listeners expect their favorite songs on your radio station, the only way to satisfy them is by playing something familiar. But with deep tracks you can’t do that because the very premise of a “deep track” is that you can’t find one that appeals to everyone. Here’s another example: Years ago, I drove across the country listening to Creedence Clearwater Revival. I love CCR. My deep is CCR, so I can listen to songs that are unfamiliar to most. For a Classic Rock fan, someone else’s deep may be The Eagles and another’s may be Aerosmith. For a hit music station, the expectation, of course, is hit music. We are in the business of satisfying customers (listeners) that come to our stores (stations). We know through research that you can’t find any song—even the biggest, most popular hit song—that appeals to all your listeners. And you certainly can’t find a deep track that appeals to all of them. Why would you minimize the percentage of customers that are likely to be satisfied? Steve Reynolds makes a living coaching radio personalities, and he sees a parallel between program directors deciding which music to play and air talent deciding which content to feature. “As you’ve said many times, Jon, every song is a marketing decision. Is that the song you want representing your radio station? Not just some songs. Every song. I tell air talent, every second of time you have on the station is like beachfront property. You’re the developer. What will you erect on the property? Is it the 4-story home with panoramic views of the ocean and a pool or is it an apartment with no views? Are we selecting our very best, most appealing content every time? It’s the same thing with songs. Are we playing our best, most appealing songs every time? If not, why?” This doesn’t mean that you never take chances and color outside the lines. As referenced in “Should I Play That Song On My Radio Station,” you can be entrepreneurial in your own lane. You can’t be entrepreneurial in your fringe lanes. As Don Benson, the former CEO of Lincoln Financial Media puts it, your format lane gives you license to introduce your audience to songs and even sounds they haven’t heard. When you play outside your lane, you risk losing listeners and may encourage brand erosion. So when it comes to deep tracks, determine: Who is the audience? Why are they listening to you? What are their expectations? If, in this framework, playing deep tracks makes sense, great. If not (and it most cases it will be “not”), remember you’re in the customer service business. Providing the most appealing product is the key to success. 13 thoughts on “The Misguided Allure of Deep Tracks” Rick Jackson June 18, 2019 at 3:50 pm I left my reply on the original from Steve. Of course I agree with Steve and Jon. We all learn this lesson – sooner or later. Jon Holiday June 18, 2019 at 4:09 pm I’ve had the same thoughts for years regarding various SiriusXM formats as Steve Reynolds shared in this article. I ask myself continually, “Why oh why would they play this song?”. The only answer that I can come up with is… because they can, which is of course not a good reason. Short of contacting SiriusXM CEO, Jim Meyer and telling him to hire our firm to help them “fix their music”, I just shrug my shoulders and tell myself it’s their inherent weakness and that’s good for terrestrial radio. Jeff Murphy June 18, 2019 at 4:26 pm Years ago, one of our DeMers Programming clients gave away tickets to see Eric Clapton on a tour loaded with his “deep cuts” (only the encore tunes were hits). You really had to know your Derek & The Dominos and Cream libraries!!. It wasn’t a surprise when the PD called the day after the show to say the #1 comment from ticket winners was “I didn’t know most of the songs.” I’ve been to an Ozzy concert in which he DIDN’T play “Crazy Train.” Dudes in the men’s room after the show were not happy. I’ve been to a “deep cuts” Iron Maiden show with a guy who owns all the CDs, Similar response…”they didn’t play my favorites.” When people PAY, the expect the best…and listeners PAY with their attention! Allen June 19, 2019 at 11:33 am Back in the day when [what eventually became known as] deep cuts took root, it was at those dorm parties of youth — the ones that fizzled out around 4:30AM, while entire album sides were played on the “record changer”; uninterrupted with no skipping tracks or random needle drops. We took it all in as part of the drunken, stoned, almost comatose experience. IMO, that’s what the deep tracks are all about — the experience, not just a sliver of it. And entire album sides were part of it. I don’t think I could survive on a steady diet of marginally memorable songs, but every once in awhile as a “Holy Crap!” tune, one of them will reactivate a dormant memory cell in the depths of my brain and I’m back in the Oneida dorms once again. Speaking for myself, I am all for them. By the way, it’s interesting Reynolds should cite “Deacon Blues” as a fave; out of the Billboard Top 100 for 1978, it came it at the very bottom (musicoutfitters.com/topsongs/1978.htm). While not a “deep track” in the literal sense, many more forgettable songs are propped up higher, standing on its shoulders. David Baird June 19, 2019 at 4:45 pm Footage of the Yacht Rock Radio format launch: https://www.youtube.com/watch?v=MVL4wKnpx2U Allen June 20, 2019 at 8:37 am I will give AC/Gold programmers credit for being somewhat selective on the deep tracks. You may recall a very strong country crossover around 1980-1981 or so, where Kenny Rogers et al were happily played on the contemporary music stations of the day. Today, if you heard “Coward of the County” played as a deep track, you would be crow-barring your Sirius receiver out of your dashboard. Mike Bucek June 20, 2019 at 3:01 pm I understand how this philosophy applies to Classic Hits and other gold-based formats but one of main reasons I’m happy to pay for a subscription to SiriusXM is to be able to listen to a diverse playlist. Satellite radio is great for listeners like me who prefer not to hear “Won’t Get Fooled Again” every 36 hours. Like Allen mentioned in these replies, it’s great to hear a track from an album that you maybe hadn’t heard in a long time. In the case of a heritage station, I think it’s important that they incorporate some popular deep tracks into their playlist if that music had been featured on the station when it was first released. KSHE St. Louis does a great job of including music from their past without wearing out their library of familiar tracks. JonathanNYC June 20, 2019 at 3:46 pm Hey, wasn’t every hit a “deep track” once? How long did Leonard Cohen’s Hallelujah spend in obscurity before everyone knew it? Jay June 21, 2019 at 12:16 pm There isn’t really a universal standard definition of “hits” and “stiffs” especially among radio people, AND the definition of what IS or IS NOT “Yacht Rock” is a highly subjective exercise itself. The “stiff” Steve complained about (Man On Your Mind) actually peaked HIGHER (#14) than “the comfortable, familiar” song (Deacon Blues, #19) he uses in the article to make his point. In Minneapolis/St. Paul, “Man on Your Mind” was powered by WLOL during that station’s rise from a 4.4 to a 10.0 in the Spring ’82 book…point being that its initial exposure was to a massive group of listeners at a time when that station was THE thing to listen to in the market, and as such is probably a bit more likely to be remembered. *If you give me a penny for my thoughts and I give you my .02 worth, you owe me a penny! Craig Faichney June 22, 2019 at 10:28 am That’s brutal. Formulaic pap because it’s “comfortable”. The same attitude must prevail for those who stay inside all the time. Whoa betide having an experience! I vividly remember first hearing an Internet Radio station and finding about 90% of the playlist was comprised of bands — not songs — that I had never heard of! It was brilliant and such a breath of fresh air. Of course, I’m now quite familiar with their playlist but it is large enough that it’s not an issue and the DJ still surprises me! Returning to terrestrial radio doesn’t have that much appeal anymore. Ron Reeves June 22, 2019 at 5:57 pm On terrestrial radio, you must adopt the mantra of finding out how few songs you can get away with playing. The problem now, after Telecom Act of 1996, is that LOCAL research dollars have dwindled. Outside major markets, it’s regional or nationwide “research”. Variety is derived from being expert with Selector while properly rotating your universe of songs that drive audience cume, then working to up your TSL. People don’t complain when you play their favorites. You just have to know what they are. Mark Zegan June 23, 2019 at 1:14 am B ecause we are paying for the service, we had BETTER hear deep and WIDE playlists that terrestrial radio won’t touch. Maybe some of the cuts are not as good as others. However, I am interested in these songs. I think some of the cuts in “Yacht Rock’ might not fit, (stiffs or not) but I am damn glad they are there. I’m jealous, I’d love to program some of those XM formats where you WON’T have to play the same 25 songs into the ground. Greg99 June 26, 2019 at 2:17 am This post summarizes precisely why people with disposable cash to pay for unlimited data are fleeing terrestrial radio for SiriusXM, Spotify and podcasts. Because I can’t hear interesting music that I like (including deep Yacht Rock tracks) on terrestrial radio, I haven’t listened to a terrestrial radio commercial that didn’t flank “traffic on the 8’s” in years. « Media is for Branding, not Commoditizing What Air Talent Can Learn From Stephen Colbert »	cc/2019-30/en_head_0031.json.gz/line687
__label__wiki	0.590192	0.590192	Floyd Stahl (deceased) was an honorary member. He was the athletic director who made it possible for the Club to start skating at OSU. Albert Prebus (deceased) was also an honorary member. He was an early President, judge and test chair. He was also instrumental in the adoption of the constitution and at least on revision. Frederick (Fritz) Meyers is a living honorary member. He was a national accountant as well as MidWest Vice President. in terms of the Club, he served as accountant for two of our regional competitions, nine summer competitions, and couple of our State of Ohio Competitions, and for many of our Holiday Competitions. Craig Hassler was made an honorary member when he resigned from the CFSC Boad in 2011.Craig was presented with Honorary Lifetime Membership at the Clue’s Annual Spring meeting. Craig has been a member of CFSC for approximately 35 years and had served as the Treasurer of CFSC for 22 continuous years. Craig made many other valuable contributions including: helping to build the Club’s original Trophy cases at the OSU ice rink; various jobs related to advancing the many ice shows the club performed; and assisting in the purchase of the current audio equipment. Dr. Robert Ouellette was made an honorary member of CFSC when he resigned as president of the Board in 2012. His award was presented at the Annual Spring meeting. Dr. Ouellette’s history with the Club is spread over 48 years. He has served on the Board as publicity chair, rules and safety chair, test chair, and President at four different times. He was the referee for several Summer Competitions and assumed various responsibilities, including competition chair, over the entire nine years that the competition was held. He created and was referee for the State of Ohio competition, which was held in the Spring at OSU for three years, and also was responsible for bringing a Tri-States Competition to Columbus. Dr. Ouellette has been involved with the Holiday Competitions for the approximately 30 years that it has been held, and has served as referee for the Competition many times. If that is not enough, he also arranged for two Tri-State Judge’s Schools for Figures, Free Skate, and Pairs to be held in Columbus back in the 70s. His support of and advocacy for the Columbus Figure Skating Club are unparalleled. On June 23, 2015, at the monthly meeting of the Columbus Figure Skating Board of Directors meeting, the award of Honorary Membership in CFSC was bestowed upon Marcia Ouellette. The exact year that Marcia Ouellette joined the Club is not certain, but she was a member by 1970, which would make at least 45 years continuous membership. Marcia is a past president of CFSC and spent many years as CFSC test chair. She has been a judge for 35 years, and Marcia is the individual primarily responsible for the development of the Holiday Competition around the year 1980. Marcia has amazed us with her culinary skills when Hospitality for the Holiday Competition was needed in recent years. The year that the Hospitality chair was unable to be here for the Competition, Marcia took over and prepared an elaborate feast for the judges. Not only does she act as judge for the vast majority of CFSC test sessions, Marcia is also the judge to whom the coaches seem to know they can turn when they need skater’s skills evaluated prior to testing. Marcia is an amazing advocate for CFSC. We are so fortunate to have her as a member of the Club! CFSC Facebook USFigure Skating Twitter Feed "It becomes more about the 𝙨𝙚𝙣𝙨𝙚 and 𝙛𝙚𝙚𝙡 of it rather than the mechanics." Read more about this season's rhythm d… twitter.com/i/web/status/1… 4 hours ago A new season is right around the corner, and registration has officially opened! 🥳 Don't miss out, for more info..… twitter.com/i/web/status/1… 7 hours ago We listen to this playlist to pump us up for the week ahead. 🙌 open.spotify.com/playlist/5JSFy… 11 hours ago What gets you motivated to start your week off right ⁉️ Reply below. 😏 #MondayMotivation https://t.co/LsWsev645m 11 hours ago 𝓕𝓮𝓪𝓻𝓵𝓮𝓼𝓼𝓵𝔂 be yourself. #MotivationMonday \| @JohnnyGWeir https://t.co/EZGrTvksEO 12 hours ago Follow @USFigureSkating EGL Regionals Holiday Competition Ice Contract/Calendar Qualifying Competitions Troy Competition	cc/2019-30/en_head_0031.json.gz/line689
__label__wiki	0.745678	0.745678	Home / Auction Category: Auction Crypto Auctions: Where Do Arrested Bitcoins End Up? Auction, Banned Bitcoin, Bitcoin, Bulgaria, Crypto News, Germany, USA From their early days, cryptocurrencies have been associated by many with black markets and illicit activities. Bitcoin’s feature of allowing direct payments to be made from one party to another without the involvement of financial institutions, has been also utilized as a way to avoid institutional controls and settle illegal transactions. A recent study of University of Technology Sydney (UTS) found that “approximately one-quarter of Bitcoin users and one-half of Bitcoin transactions are associated with illegal activity” On the other hand, given that there are almost 28.5 mln Bitcoin wallets that hold more than 0.001 BTC and many users own several wallets – with some inactive – the magnitude of this phenomenon is considerably reduced. Regardless, it is a fact that some illegal activities are done with cryptocurrencies. While it seems quite simple to seize a fiat account or appropriate cash, the nature of cryptocurrencies makes this process much more complicated. Let’s analyze some cases where the government authorities seized cryptocurrency assets due to illegal activities and find out where they end up. International authorities did not try to underestimate the issue. Europol recently recognized that “three to four bln pounds of criminal money in Europe is being laundered through cryptocurrencies”. Europol’s Executive Director Rob Wainwright underlined that: “Proceeds from criminal activity are being converted into Bitcoins, split into smaller amounts and given to people who are seemingly not associated with the criminals but who are acting as ‘money mules’. These money mules then convert the Bitcoins back into hard cash before returning it to the criminals”. In this complicated scenario, international prosecutors reacted by performing some important police operations. One of the most widely known operations was carried out in Oct. 2013 with the closure of Silk Road. Silk Road was a website that operated as an online black market for selling illegal drugs, and used Bitcoin for settling the deals between site users. After two years of investigation, the US Federal Bureau of Investigation (FBI) arrested the founder and seized over 170,000 Bitcoins, which, at that time, accounted for about 1.5 percent of all the Bitcoins in circulation. The closure of Silk Road was not the only activity carried out by international authorities to fight against illicit markets around cryptocurrencies. In Nov. 2014, the police of Hesse, Germany, together with Europol and the FBI, operated against illegal online shops Hydra and Silk Road 2.0, which were also engaged in the sale of drugs. According to law enforcers, these shops were used by approximately 150,000 people, who each month used to buy drugs worth millions of euros using Bitcoins. This operation resulted in the seizure of of 126 Bitcoin from the owners of the websites. Bulgarian case But maybe the most impressive operation rolled out by international authorities has been done on May 19, 2017 by the Bulgarian police with the support of the Southeast European Law Enforcement Center (SELEC). The joint forces stopped an organized criminal group that was recruiting corrupt customs officers in many European countries, with the purpose to infiltrate a virus in the customs’ computerized systems and avoid the payment of taxes. The offenders choose the Bitcoin as a way of investing the money resulted by their activities, considering them rather difficult to be tracked. As a result of the police investigation, an impressive number of 213,519 Bitcoin has been seized. Cryptocurrency auctions The seizing of cryptocurrencies has been increasingly the result of international investigations, with examples of this measure taken in many countries including the US, Germany, Bulgaria and UK. National authorities have started thinking about what to do with the seized coins. The US was one the first countries to approach the issue and started organizing auctions selling the appropriated cryptocurrencies. The United States Marshals Service (USMS), a federal law enforcement agency within the U.S. Department of Justice, auctioned different lots of Bitcoins catched by different state authorities. One of the most recent sale has been held on Jan. 11, 2018 where the USMS auctioned a total of 3,813 Bitcoin in three different lots respectively of A) 2,500; B) 500; C) 813. Given the value of the Bitcoin at approximately 11,500 USD the closing day of the auction (Jan. 19), the result granted an amount of around $44 mln in revenue to the state. Similarly, in Germany, the authority of the state of Hesse hope to gain millions from the sale of the 126 seized Bitcoins. What about Bulgaria? According to calculations, the value of the 213,000 seized Bitcoins would be enough to pay off one-fifth of Bulgaria’s national debt. At present, the proportion would be a little different as the debt of the country is around $16 bln whereas the value of that pot of bitcoins would be around $2 bln. However today it’s not clear whether or not the authorities really possess these coins. The head of Bulgarian Special Prosecutor’s Office, Ivan Geshev, recently said that the Prosecutor’s Office and the Interior Ministry had not seized Bitcoins. More auctions to come The fight against the misuse of funds for financing black markets and illicit activities has to tie up more its activities towards the use of crypto currencies. Given the extreme rapidity through which cryptocurrencies can be moved between wallets, states, and continents, a stronger collaboration between international authorities would also be necessary to conduct special operations. Seizing and then auctioning cryptocurrencies, in case of a confirmed illicit use, could be both a strong deterrent for criminal users and, in some instances, a good source of income for state revenues. Uniformity between the various international authorities on the approach regarding the auctioning procedures could be a desirable development, in order to guarantee a fair and transparent process around the redistribution of the cryptocurrency assets. A rigorous process of identification could also guarantee that the participants are not connected to any illicit activities, and to avoid the process to start over again. US Marshals Office Auctions Off Another $18.7M in Bitcoin Auction, Bitcoin, Crypto News, Legal, News, Regulation, Subfeatured, U.S. Marshals The U.S. Marshals Office successfully sold 2,170.7 bitcoins to two bidders in its most recent auction on March 9, a spokesperson announced Thursday. In a press statement, the spokesperson said that the bitcoins had been distributed to the winning bidders, one of whom received 2,100 and the other who bought the remaining 70.7. It is unclear whether the bitcoins were bought at market prices, but at press time the combined total value of the bitcoins was roughly $18.7 million. Forty-two bidders registered for the auction, and 39 bids were received, the spokesperson said. The auction was announced on March 5, when the Marshals stated the coins would be sold in 14 different blocks (as in “lots,” not the cryptocurrency meaning of the word). The smallest auction block contained roughly 70 bitcoins, while the other 13 blocks contained either 100 or 500 bitcoins. The Marshals last sold bitcoins in February 2018, when more than 3,600 bitcoins were auctioned to five winning bidders. At the time, Riot Blockchain claimed it had bought one of the blocks of 500 bitcoins. This time, the winners from the March 19 auction have so far not identified themselves. Stepping back, this is the second bitcoin auction the Marshals have participated in since 2016, when they sold 2,700 bitcoins. Auction image via Shutterstock US Marshals to Sell $25 Million in Bitcoin at Auction Auction, Bitcoin, Crime, Crypto News, Featured, News, U.S. Marshals The U.S. Marshals are set to auction off nearly $25 million worth of bitcoin later this month. The government agency announced Monday that it will put approximately 2,170 bitcoins on the auction block, with the sale planned for March 19. Would-be bidders must submit a $200,000 deposit and complete the registration requirements by March 14 to participate, according to the Marshals Service. This month’s auction will consist of 14 separate blocks, with two blocks of 500 BTC, 11 blocks of 100 BTC and one block accounting for 70 BTC. According to the release, the bitcoins were confiscated in “connection with various federal criminal, civil and administrative cases,” ranging from federal trials to Drug Enforcement Agency actions. The provenance of most of the seized bitcoins is listed online, which notably mentions that some of the coins involved were traced to the case involving Shaun Bridges, the ex-Secret Service agent who was sentenced to prison after being accused of stealing funds during the Silk Road investigation. The March 19 sale marks the latest bitcoin auction by the agency. Just last month, the U.S. Marshals auctioned off more than 3,600 bitcoins to five winning bidders, an amount worth more than $30 million at the time. It’s also the second sale to take place within a nearly two-year period, given that prior to this year, the last auction occurred in mid-2016, when the agency sold 2,700 BTC In what is perhaps a sign of how the value of bitcoin has increased since then, the coins on the docket that year were worth just $1.6 million at the time. The leader in blockchain news, CoinDesk is an independent media outlet that strives for the highest journalistic standards and abides by a strict set of editorial policies. Have breaking news or a story tip to send to our journalists? Contact us at news@coindesk.com. US Marshals Successfully Auction Off $30 Million in Bitcoin Auction, Crime, Crypto News, News, U.S. Marshals The U.S. Marshals Service has successfully auctioned off approximately 3,613 bitcoins (worth nearly $30 million at press time) confiscated in various crimes. A spokesperson for the agency, which manages the sale of seized and forfeited assets, confirmed to CoinDesk today that the sale, which took place on Jan. 22, saw five successful bids. The unknown winner received 1,600 bitcoin (worth about $13.4 million at press time), with the remaining buyers receiving 500, 500, 200 and 813 bitcoins (worth $4 million, $4 million, $1.6 million and $6.7 million respectively). With the exception of Riot Blockchain, which claimed one of the two 500-bitcoin lots, the names of the winners were not disclosed. Riot voluntarily announced it had received 500 bitcoins. The spokesperson said: “The bitcoin transfers to the winners have been completed. The U.S. Marshals Service withdrew 100 bitcoins from the auction due to technical issues and is maintaining custody of the bitcoins.” The agency first announced the sale on Jan. 11 revealing at the time that it was auctioning a little more than 3,800 bitcoins, worth about $54 million at the time. When the bitcoins were sold on Jan. 22, they would have been worth roughly $42 million. The day after the sale, the agency confirmed it had received 111 bids from 62 unique registered bidders . To register, each bidder had to deposit $200,000 and complete a registration process. Auction mallet image via Shutterstock US Marshals Service to Auction Off $54 Million in Bitcoin Auction, Crypto News, News, Subfeatured, US Marshals The U.S. Marshals Service has announced that it will auction off more than 3,800 bitcoins later this month. The auction will take place on Jan. 22, according to a representative from the service. The event marks the first time since 2016 that the U.S. Marshals Service has held a bitcoin auction, after the agency sold off 2,700 bitcoins – an amount worth about $1.6 million at the time and now valued at about $51 million – in August of that year. At press-time prices, the 3,813 BTC up for grabs is worth roughly $54 million. The forthcoming auction follows a similar structure, according to the agency, with the stash of 3,813 bitcoins being divided into multiple auction blocks. The Marshals Service explained: “The auction will take place during a six-hour period Jan. 22 from 9:30 a.m. until 3:30 p.m. EST. Bids will be accepted by email from preregistered bidders only. The 3,813 bitcoins are offered for sale in 11 blocks: five blocks of 500 bitcoins, five blocks of 100 bitcoins and one block of approximately 813 bitcoins.” Prospective participants much register with the Marshals Service by noontime EST on Jan. 19, the agency said, a requirement that includes a $200,000 refundable deposit. The winner of the auction will be notified that same day. The service had previously held several auctions in connection with bitcoins seized from the now-defunct dark market Silk Road. Over that months-long process, the Marshals Service auctioned more than 144,000 bitcoins. Ross Ulbricht Drops Claim to Millions Raised in Silk Road Bitcoin Auctions Auction, Crime, Crypto News, Legal, News, Ross Ulbricht, Silk Road, US & Canada Ross Ulbricht, the convicted operator of the now-defunct dark marketplace Silk Road, has dropped a long-standing claim to millions of dollars previously seized by US law enforcement. Court records show that on September 29, US District Judge Katherine Forrest issued an order forfeiting just over $48 million to the US government. Those funds were gained as the US Marshals Service auctioned off more than 144,000 bitcoins confiscated during the crackdown on the Silk Road, an unregulated marketplace that used bitcoin as a primary medium of exchange prior to its closure in late 2013. Ulbricht had previously sought to regain possession of the funds after they had been seized. The US government held its first bitcoin auction in 2014, during which nearly 30,000 BTC was sold to Silicon Valley investor Tim Draper (who would later buy 2,000 BTC in a subsequent auction). The final auction was held in November 2015. Notably, the forfeited $48 million will count toward the more than $180 million in monetary judgments he was ordered to pay at sentencing. Ulbricht, found guilty in February 2015 on narcotics distribution and computer hacking charges, was sentenced to life in jail without parole in May of that year. “The sum of $48,238,116.04 shall be credited in partial satisfaction of the Money Judgment,” Forrest wrote in the court order. The forfeiture also comes months after Ulbricht’s failed appeal of the judgment. In May, the US Court of Appeals for the Second Circuit issued a 139-page decision that rejected the claim by Ulbricht that he had been given an unfair trial as well as an overly harsh sentence. Image via Media The leader in blockchain news, CoinDesk is an independent media outlet that strives for the highest journalistic standards and abides by a strict set of editorial policies. Have breaking news or a story tip to send to our journalists? Contact us at [email protected]. DomRaider Looking to Revolutionize Auctions Through Blockchain Auction, Blockchain, Crypto News, DomRaider, ICO Imagine if Apple or Microsoft allowed their domain names to lapse. What would the value of domain names like those be for their respective companies? The answer is nearly priceless. Now, scale that back a bit and consider a smaller company with decent market share who accidentally lets their domain name slip. What would the value be for a domain like that? The answer is only available at auction. DomRaider has built a very successful multi-national auction house for domain names that have expired or lapsed. The company searches the web for domain names that come available and then auctions those names to the highest bidder. However, though possessing a full book of business already, the company is seeking to create a new auction platform based on Blockchain technology. This platform would bring together the auction world with the power of Blockchain technology to revolutionize how auctions are processed. An auction platform like the one DomRaider is creating would have some significant improvements over legacy systems. For starters, the platform would be scalable, reliable and transparent. Blockchain technology provides a structure where bids and data would be impossible to falsify, thereby protecting users and users would be able to verify bids from any user instantly. Second, DomRaider’s technology solution would allow for a worldwide auction platform where users would be able to communicate directly. This provides a far greater user base for auctions, and ensures simple and easy decision making and transaction processing at a fraction of the cost of other auction systems. Finally, the solution would also provide a very fast and secure platform to process and immutably record bids and outcomes. The infrastructure, as it stands, can provide consensus of bids in less than one second. ICO coming While DomRaider is already a thriving multi-national corporation, the company has seen the need for a Blockchain solution in their auction market space. They are seeking to create the solution through a decentralized network of users focused on management of any auction in the world, whether physical or digital, in real-time. DomRaider’s thriving existing business means that the company has a proven track record of success, as well as a viable and pre-developed digital product to market to others. These are the key points for investors to be certain they are investing in a viable business model. The ICO starts Sept. 12 and will conclude with the issuance of the DRT digital token on Oct. 11. Tristan Colombet, the company’s CEO, says to Cointelegraph: “The DomRaider ICO combines two key factors for success: innovation of groundbreaking technology by Blockchain experts and the maturity of an already well-established company and an experienced team.” Disclaimer. Cointelegraph does not endorse any content or product on this page. While we aim at providing you all important information that we could obtain, readers should do their own research before taking any actions related to the company and carry full responsibility for their decisions, nor this article can be considered as an investment advice.	cc/2019-30/en_head_0031.json.gz/line699
__label__wiki	0.774221	0.774221	Tag: The Drifters Diamonds and Dog Droppings: Getting Down and Dirty On The Trail Of Weird Christmas Music Amongst my many interests, I’m a collector of what I’ve come to call weird Christmas music. Each December, I put together a CD compilation for my friends of the treasures I’ve found, the strangest of the strange plus some favourites that the season wouldn’t quite be the same without. I started in 2002 and I still keep coming across notable tracks although I have to dredge through a lot of crap to uncover the truly sparkling gems. Back in 2004, the Sydney Morning Herald ran my article about weird Christmas music. It was cut quite dramatically and PC’ed. Here is the full version, edited and updated. Enjoy. Santa’s Dirty Secret: The Strange Tale of Weird Xmas Music It’s fair to say that there’s never been much for Australians in Christmas music. Most of us wouldn’t know what a chestnut looked like, let alone seen one roasting on an open fire. And when was the last time we went dashing through the snow in a one-horse open sleigh? Which is why our rebel hearts cry out for a suitable soundtrack for the times. Christmas music that tells it like it is. More National Lampoon Christmas Vacation than It’s A Wonderful Life. There’s ain’t no angels at Christmas, George Bailey, and if you jump off that bridge, there’ll be no second helpings of pudding, either. Flip through the racks of Christmas CDs, or endure shopping centre musak and it’s all Michael Bolton, Mariah Carey and Kenny G. Yet there’s a whole nether world of Christmas music out there, charting a darker place, sardonic and questioning, playful yet with the traitorous kiss of a razor blade. A true post-9/11 take on the world and the way we look at it. Ditch Sarah Brightman and Barbara Streisand and listen instead to Tom Waits, Spinal Tap, AC/DC, George Jones and Tammy Wynette, Booker T and The MGs, Spike Jones and His City Slickers, Otis Redding, Bob Dylan, Tiny Tim, The Partridge Family and The Ronettes. There’s something for everybody. Biting satire and loving homage. Jazz, swing, country, R&B, punk, comedy, novelty, pop and blues. There’s gay Christmas songs, Jewish Christmas songs (OK, Hannukah, then) even songs for people who really want this Christmas to be their last. Uncovering a great weird Christmas song is like finding a redback nestling in Nanna’s fruit cake. It’s truly the gift that keeps on giving. When Tommy Dorsey recorded “Santa Claus Is Coming To Town” in 1934, the snowy sluice-gates of popular, commercially-driven Xmas music opened wide. In 1947 the Singing Cowboy and star of radio and silver screen, Gene Autry, wrote “Here Comes Santa Claus”, inspired by the annual Hollywood Christmas Parade. It was a hit but not as big as the one he had just two years later. “Rudolph The Red Nosed Reindeer” has been spinning around record players so long he’s generally assumed to be a traditional member of the North Pole community. Yet Rudolph was invented by a Chicago copywriter, Robert May, for the Montgomery Ward chain of department stores. It started as a Christmas story given out to the store’s customers in 1939 until May’s brother-in-law, songwriter Johnny Marks (who would later pen “Rockin’ Around the Christmas Tree”, an enormous hit for Brenda Lee, and “A Holly Jolly Christmas”), immortalised the rosy appendage in song. Gene Autry’s 1949 version sold 2.5 million copies before the year was out and total sales now hover around the 30 million-mark. In 1948, Spike Jones and His City Slickers weighed in with “All I Want For Christmas Is My Two Front Teeth”. Jones’ trademark was to cleverly deconstruct the wildly popular Big Band craze, hacking away its sophisticated allure and subverting it with complete chaos. There weren’t many sound effects, including gunshots and blood-curdling screams, that couldn’t be incorporated into a Spike Jones song. Think the Goons crossed with the Texas Chainsaw Massacre meet Glenn Miller. By the 1940s, the greatest of all Christmas songs (and even weird Christmas music fans will admit to it) was well and truly established. In May 1942, cardiganed crooner Bing Crosby recorded a number of new songs written by Irving Berlin for the movie Holiday Inn. One of these was “White Christmas”. It became an instant classic. So much so, that the record’s original master was worn out by 1947 and had to be re-recorded. It is this, the second version, that people know today. The curious Xmas completist should check out the two-CD Bing Crosby: The Voice of Christmas – The Complete Decca Christmas Songbook (MCA 1998), which has four versions of “White Christmas” – the 1942 “A” take discarded due to a slight fluff Crosby made near the end of the recording, the released second 1942 “B” take, the 1947 re-recording, and a 1954 version with Peggy Lee and Danny Kaye. Bing Crosby, strange as it may seem, is the patron saint of weird Christmas music. This has as much to do with “White Christmas” as it does with his duet on “Little Drummer Boy” with David Bowie in 1977. So if “White Christmas” in all its schmaltzy glory is hip, what’s the cut-off point? A sense of fun is the deciding factor. And irony. It’s safe to assume that Dean Martin is cool but Neil Diamond is not. Dean’s irony may be martini-enhanced but it’s fair to say that Neil Diamond considers irony to be something that happens to his satin shirts. The Carpenters and Nat King Cole, although skating dangerously close to an ice-thin saccharine crust, are nonetheless cool and thus reside on that outer edge of the weird music spectrum. It’s when Christmas music enters the Twilight Zone that things really get interesting. It becomes the perfect antidote for those who consider Christmas music to be aural wallpaper, agreeable background static to the frantic Yuletide season. Many of the best are novelty songs such as the 1953 hit for 10-year-old Gayla Peevey, “I Want A Hippopotamus For Christmas”. A child star in her native Oklahoma City, Peevey’s song inadvertently became a case of life imitating art. After blitzing the nation, a publicity coup saw Peevey presented with her very own baby hippopotamus, which she promptly donated to the Oklahoma City Zoo. Named Matilda, the mammoth mammal led her own famed existence until 1998 when she was due to be transferred to Disney World in Florida. In a sad twist to the Xmas tale, the Matilda died en route. By the 1950s, Christmas turntables were swinging with such classics as Eartha Kitt’s “Santa Baby”, Bobby Helms’ “Jingle Bell Rock”, and “Rockin’ Around The Christmas Tree” from pint-sized package Brenda Lee. Over the years, there’s been some great novelty Christmas songs. Comedian Martin Mull lent the Big Red Guy some street cred with “Santafly”, a take on 70s blaxploitation movies, while Weird Al Yankovich tells what happens when the pressure gets too much in “The Night Santa Went Crazy”. In 1999, The Little Stinkers, fronted by seven-year-old Mary Beltrami, fanned the winds of Xmas with “I Farted On Santa’s Lap”. Fashion tips also get a look-in with Canadian satirist Nancy White telling us “It’s So Chic To Be Pregnant At Christmas”. The king of novelty Christmas songs must be Bob Rivers, a Seattle radio DJ with a series of parody CDs. In deconstructing popular songs, he comes up with such Pythoneseque tracks as “Chipmunks Roasting On An Open Fire”, “Wreck The Malls”, “I Came Upon A Roadkill Deer”, and “It’s The Most Fattening Time Of The Year”. Rivers also contributed a parody AC/DC Christmas song, “Hell’s Bells”. But who needs a parody when you have the real thing? AC/DC released their own, “Mistress For Christmas”, in 1990. The roll call of rock’s tinsel-tonsiled hard men include The Damned, The Ramones (with the festive “Merry Christmas – I Don’t Want To Fight”), Blink 182, the Mighty Mighty Bosstones, Slade, and even Spinal Tap. Most are individual tracks available only on compilations although an exception is the entertaining A Twisted Christmas from heavy metal cross-dressers, Twisted Sister. Lou Reed’s “Xmas In February” gets a mention not only for almost being a Christmas song but as one of the very few that deal with Vietnam (along with Johnny & Jon’s 1966 curiosity “Christmas In Viet Nam”, and “There Won’t Be Any Snow (Christmas In The Jungle)” by Derrick Roberts). Tom Waits’ “Christmas Card From A Hooker In Minneapolis” is a Xmas song in title only but is worthy of inclusion nonetheless. Waits, however, waited for a truly Gothic moment to enter the Xmas annuls with the darkly roiling, thumping excesses of “Christmas Sucks”. And for those who think “‘Twas The Night Before Christmas” can’t be weird, try Henry Rollins and his muscular steamroller of a version. Television shows and celebrities are well represented with Xmas selections from The Waltons, Ren & Stimpy, South Park, Jerry Springer and a truly great album from The Partridge Family. Mae West’s Mae in December (1980) is so obscure it appears in very few of the film star’s discographies but it’s a great album with such choice cuts as “Put The Loot In The Boot, Santa”. Another swag of weird but worthy Christmas outings include “Homo Christmas” by 1990s gay San Francisco punk band, Pansy Division, drag queen RuPaul’s Ho Ho Ho album and Merry MeX-Mas from El Vez, the renowned Mexican Elvis Presley impersonator. Tiny Tim’s Christmas Album, an important inclusion in any collection, was recorded in Sydney in 1993 under the guidance of Martin Sharp. Australian band Girl Monster (fronted by Campbelltown-born and now US-based alt country songstress, Anne McCue) recorded “Dead By Christmas”, one of the very few seasonal songs that stress the ultimate in self-determination. Dread Zeppelin, a reggae band fronted by a 130-kilogram Elvis impersonator and best known for its individualistic interpretation of Led Zeppelin songs, released The First No-Elvis in 1994. Big-band, swing and lounge music provide some brassy Xmas distractions with special mention going to the Brian Setzer Orchestra, Big Bad Voodoo Daddy, Royal Crown Revue, 60s space-age bachelor pad purveyor Esquivel, and Canadian crooner Jaymz Bee & The Royal Jelly Orchestra. There’s so much great R&B and soul that it’s almost impossible to catalogue. My faves include the evocatively-titled “Back Door Santa” from Clarence Carter, and The Harmony Grits, comprising members of the original Drifters, who in 1959 recorded a bouncy interpretation of “Santa Claus Is Coming To Town”. And 14-year-old Frankie Lymon, reaching way beyond the top shelf where the presents are hidden for the high notes on “It’s Christmas Time Again”, which dates from around 1957. The grand-daddy of all R&B festivities is Christmas Gift For You From Phil Spector (1963) with The Ronettes, The Crystals, and Darlene Love battling to be heard above Spector’s trademark Wall of Sound. The album has been reissued so many times and in so many forms, it’s one of the easiest to find (the 1988 CD release inexplicably includes a couple of turgid Elvis Presley tracks). The Big Red Guy’s transportation dilemmas was an underlying theme of many country songs including Alan Jackson’s duet with Alvin and The Chipmunks on “Santa’s Gonna Come In A Pickup Truck”, The Tractors’ “Santa Claus Is Comin’ (In A Boogie Woogie Choo Choo Train)”, Toby Keith’s “Hot Rod Sleigh” and Buck Owens’ “Santa’s Gonna Come In A Stagecoach”. Joe Diffie, however, preferred a country-fried reinvention of another legend with “Leroy, The Redneck Reindeer”. The Twilight Zone Award for weird Xmas music goes to songwriter Red Sovine. His 1978 mistletoe missive, “Faith In Santa”, otherwise known as “Billy’s Christmas Wish”, tells of a street Santa who meets a sad and sickly little boy with a story that distends even country music’s already flexible definition of tragedy. Just as listeners think the song can’t get any more heart-rending, the final twist is beyond description and extremely creepy. Keep the Kleenex handy and a bucket even closer. Like much of the Xmas season, disappointments abound. Frankie Valli and the Four Seasons’ Christmas album from 1962 has only two cuts that even come close to the group’s successful formula of soaring falsettos high enough to make dogs’ ears bleed. The Three Stooges recorded a number of seasonal songs very late in their careers and it tells, the boys sounding so tired they seem to nap between choruses Albums by Fats Domino, Liberace, Elvis Presley, The Monkees, Cyndi Lauper, Melanie, and Jackie Wilson sadly gather in the why-bother category. More often than not, Christmas albums by some of the 60s biggest rhythm and blues acts, including Smokey Robinson & The Miracles, fall into this trap and the label most guilty of such infringements is Motown, whose releases are generally so earnestly devout, so busy over-stuffing the Christ into Christmas they bleed the joy from joyous. One happy exception is The Jackson 5 Christmas Album from 1970, an infectiously boppy celebration of the season. My own Christmas wish? Certainly not a new release from the Jingle Cats, whose 1994 album Here Comes Santa Claws was enough to threaten goodwill to all our four-legged friends. No, each year I beg Santa for a Leonard Cohen Christmas album. Like so many people on Christmas morning, I know I’ll end up disappointed. But conjure the possibilities, if you will. Pass the razor, please. I’ll have an egg nog and a hot bath. Author davidlattaPosted on November 8, 2012 November 9, 2012 Categories Christmas, MusicTags AC / DC, Alan Jackson, All I Want For Christmas Is My Two Front Teeth, Alvin and The Chipmunks, and Jackie Wilson, Anne McCue, Back Door Santa, Big Bad Voodoo Daddy, Bing Crosby, Blink 182, Bob Dylan, Bobby Helms, Booker T, Brenda Lee, Brian Setzer Orchestra, Buck Owens, Carpenters, Christmas Card From A Hooker In Minneapolis, Christmas In Viet Nam, Christmas music, Christmas Sucks, Clarence Carter, Cyndi Lauper, Danny Kaye, Darlene Love, David Bowie, Dead By Christmas, Dean Martin, Derrick Roberts, Dread Zeppelin, Eartha Kitt. Santa Baby, El Vez, Elvis Presley, Esquivel, Faith In Santa, Fats Domino, Frankie Lymon, Frankie Valli, gay, Gayla Peevey, Gene Autry, George Bailey, George Jones, Girl Monster, Glenn Miller, Goons, Hannukah, Harmony Grits, Henry Rollins, Here Comes Santa Claus, Holiday Inn, Holly Jolly Christmas, Homo Christmas, I Farted On Santa's Lap, I Want A Hippopotamus For Christmas, Irving Berlin, It's A Wonderful Life, It's So Chic To Be Pregnant At Christmas, Jackson 5, Jaymz Bee & The Royal Jelly Orchestra, Jerry Springer, Jingle Bell Rock, Jingle Cats, Joe Diffie, Johnny & Jon, Johnny Marks, Led Zeppelin, Leonard Cohen, Liberace, Little Drummer Boy, Mae In December, Mae West, Martin Mull, Martin Sharp, Mary Beltrami, Matilda, Melanie, MGs, Mighty Mighty Bosstones, Montgomery Ward, Motown, Nancy White, Nat King Cole, National Lampoon Christmas Vacation, Neil Diamond, Nilly's Christmas Wish, Oklahoma City Zoo, Otis Redding, Pansy Division, Partridge Family, Peggy Lee, Phil Spector, Put The Loot In The Boot Santa, Red Sovine, Ren & Stimpy, Rob Rivers, Robert May, Rockin' Around The Christmas Tree, Ronettes, Royal Crown Revue, Rudolph The Red Nosed Reindeer, RuPaul, Santa Claus, Santa Claus Is Coming To Town, Santafly, Singing Cowboy, Slade. Lou Reed, Smokey Robinson and The Miracles, South Park, Spike Jones, Spinal Tap, Tammy Wynette, Texas Chainsaw Massacre, The Crystals, The Damned, The Drifters, The Four Seasons, The Little Stinkers, The Monkees, The Night Santa Went Crazy, The Ramones, The Three Stooges, The Tractors, The Waltons, Tiny Tim, Toby Keith, Tom Waites, Tom Waits, Tommy Dorsey, Weird Al Yankovich, weird Christmas music, White Christmas, Xmas, Xmas In February4 Comments on Diamonds and Dog Droppings: Getting Down and Dirty On The Trail Of Weird Christmas Music	cc/2019-30/en_head_0031.json.gz/line702
__label__wiki	0.696899	0.696899	Producer Of Nickelodeon Shows Finally Signs Studio Teachers Union’s Contract By David Robb Labor Editor More Stories By David Vox Entertainment Writer-Producers Vote To Unionize With WGA East Unite For Strength Names SAG-AFTRA President Gabrielle Carteris’ Running Mates In Upcoming Election New Orleans Film Production Shuts Down As Dangerous Storm Approaches EXCLUSIVE: Hollywood’s Studio Teachers Local 884 has won a major victory in its nine-year struggle to get the producer of many of Nickelodeon’s kids shows to sign its contract. Under the terms of the IATSE’s new Hollywood labor contract, Rocart Inc. has agreed that it now will hire union teachers for all the child actors it employs on shows it produces for the popular children’s TV channel. Up until now, Rocart has been hiring nonunion studio teachers for the shows through a referral agency and classifying them as “independent contractors.” The teachers union has long argued that this was a misclassification and that the nonunion teachers Rocart hired were really its employees. Earlier this year, one of the local’s members even sued Rocart over this alleged misclassification. It’s expected that that suit will be dropped. 'SpongeBob SquarePants' 20th Anniversary To Pop Confetti At San Diego Comic-Con “This is a big victory for those teachers. It’s been a battle that we’ve be fighting since 2006,” said former Local 884 business rep Linda Stone, who gave credit to Rocart for signing the contract and “doing the right thing.” Shows that Rocart produces for Nickelodeon include Henry Danger, The Thundermans, Bella And The Bulldogs, Game Shakers and Nicky, Ricky, Dicky & Dawn. Under the terms of the agreement, the shows’ teachers will get to keep their jobs and can join the union after 30 days of covered employment. It’s believed that fewer than a dozen studio teachers currently are employed on the shows but that many more will come to work under the union’s contract if Rocart’s lineup for Nickelodeon expands. Some employers prefer to hire “independent contractors” because it can save them a lot of money. By not having them on their payrolls, employers don’t have to pay taxes covering unemployment and Workers’ Comp benefits or pay the employer’s half of Social Security and Medicare taxes, which the independent contractors must pay for themselves. Some have called this “wage theft” because paying the employer’s share of these taxes can reduce independent contractors’ take-home pay by as much as 7%. Companies that hire independent contractors also don’t have to provide them with pension and health benefits, and they don’t have to pay them overtime or provide accommodations under the Americans with Disabilities Act. Independent contractors also are not protected from employment discrimination by Title VII of the 1964 Civil Rights Act and are not entitled to leave under the Family Medical Leave Act.	cc/2019-30/en_head_0031.json.gz/line704
__label__wiki	0.925315	0.925315	ArtistesYANG Xuefei YANG Xuefei Oeuvres en tant que compositeur: 0 Oeuvres en tant qu'arrangeur: 4 Xuefei Yang is acclaimed as one of the world’s finest classical guitarists. Hailed as a musical pioneer - her fascinating journey began after the Cultural Revolution, a period where Western musical instruments & music were banned. Xuefei was the first-ever guitarist in China to enter a music school, & became the first internationally recognised Chinese guitarist on the world stage. Her first public appearance was at the age of ten and received such acclaim that the Spanish Ambassador in China presented her with a concert guitar. Her debut in Madrid at the age of 14 was attended by the composer Joaquín Rodrigo and, when John Williams heard her play, he gave two of his own instruments to Beijing’s Central Conservatoire especially for her and other advanced students. Xuefei was born in Beijing, & is a graduate of Beijing’s Central Conservatoire of Music, and went on to become the first Chinese musician to receive a full scholarship for postgraduate studies at the Royal Academy of Music in London, where she received the Principal’s Prize on completion of her postgraduate study. Her international success has led her to be invited to play in more than 50 countries at numerous prestigious venues such as Wigmore Hall, all Southbank venues, and Royal Albert Hall in London, as well as the Philharmonie Berlin, Concertgebouw Amsterdam, Konzerthaus Vienna, Auditorio Nacional de Espana, Barcelona Auditorium, Carnegie Hall & Lincoln Center New York. In Asia she has appeared at the National Concert Hall Taipei, Hong Kong City Hall & Cultural Center, Esplanade Singapore, Seoul Arts Centre and gave the first guitar recital and concerto in the Beijing National Center of Performing Arts. Xuefei has also been invited to perform at major music festivals such as BBC Proms, Edinburgh International Festival, Shanghai MISA Festival and the Beijing international Music Festival. In 2003 she performed 54 concerts for the “Night of the Proms” Tour, appearing in Belgium, The Netherlands and Germany, to a total audience of over 800,000 people. Xuefei is frequently invited to play with the world’s leading orchestras including Royal Philharmonic Orchestra, London Philharmonic Orchestra, BBC Concert Orchestra, Royal Scotland National Orchestra, Royal Liverpool Orchestra, Hamburg Symphony Orchestra, Rotterdam Symphony Orchestra, Hong Kong Symphony Orchestra, New Zealand Symphony Orchestra, & Detroit Symphony Orchestra, Seoul Philharmonic, China Philharmonic. Xuefei’s recent highlights include return performances with the English Chamber Orchestra, Halle Orchestra, Beijing Symphony Orchestra, Wintertour Philharmonic, debut performances with Beijing Symphony Orchestra, China National Orchestra giving the Asian premier of the The Albeniz Concerto written for Xuefei by Stephen Goss, and an Australian tour with the Melbourne Symphony Orchestra which included performing the Australian premier of Tan Dun’s guitar concerto. Xuefei has made many albums including several acclaimed recordings for EMI Classics. Her first recording received a gold disc & her second was selected as ‘Editor’s Choice’ in Gramophone magazine. Several of the recordings reflect Xuefei’s interest in expanding the repertoire. A concerto album recorded with the Barcelona Symphony Orchestra, conducted by Eiji Oue, featuring Rodrigo’s Concerto de Aranjuez & Goss’ Albeniz Concerto. Another recording of “Bach Concertos” featured Xuefei’s innovative transcriptions of solo works and concertos by J.S. Bach. Xuefei has released two albums in 2016, her latest solo album “Colours of Brazil,” (Decca Classics) and “Songs from our Ancestors” (Globe Music) which continues her successful collaboration with Ian Bostridge in a recording made at Shakespeare’s Globe Theatre. Xuefei is now based in the UK. www.xuefeiyang.com Oeuvres de l'artiste Learn & Conquer Guitar Repertoire, children’s book 1 with Xuefei YangVARIÉSFacile - Guitare seule20.00$ \| DO 961 Learn & Conquer Guitar Repertoire, beginner 1 with Xuefei YangVARIÉSIntermédiaire - Guitare seule20.00$ \| DO 962 Learn & Conquer Guitar Repertoire, intermediate 1 with Xuefei YangVARIÉSIntermédiaire - Guitare seule20.00$ \| DO 963 Learn & Conquer Guitar Repertoire, advanced 1 with Xuefei YangVARIÉSAvancé - Guitare seule20.00$ \| DO 964	cc/2019-30/en_head_0031.json.gz/line709
__label__cc	0.51833	0.48167	Cosma Home > Communication > Knowledge > Realm > Physical > Universe > Solar System > Jupiter Note: This is a 360° Video — press and hold to explore it! Juno Mission (NASA) Mission Juno (Southwest Research Institute) Physical Realm Universe Astronomical Instrument Galaxy Milky Way, Andromeda Planetary System Star, Brown Dwarf, Planet, Moon Solar System Sun Terrestrial Planet Mercury, Venus, Earth (Moon), Mars Asteroid Belt Ceres, Vesta Jovian Planet Jupiter, Saturn, Uranus, Neptune Trans-Neptunian Object Kuiper Belt Pluto, Haumea, Makemake Scattered Disc Eris, Sedna, Planet X Oort Cloud Etc. Scholz’s Star Small Body Comet, Centaur, Asteroid Solar System Exploration: Jupiter (NASA) Jupiter Portal (Wikipedia) Jupiter : the largest of the planets and fifth in order from the sun — Webster Oxford, OneLook, Free Dictionary, Wiktionary, Urban Dictionary Jupiter is the fifth planet from the Sun and the largest in the Solar System. It is a giant planet with a mass one-thousandth that of the Sun, but two and a half times that of all the other planets in the Solar System combined. Jupiter is a gas giant, along with Saturn, with the other two giant planets, Uranus and Neptune, being ice giants. Jupiter was known to astronomers of ancient times. The Romans named it after their god Jupiter. Jupiter is primarily composed of hydrogen with a quarter of its mass being helium, though helium comprises only about a tenth of the number of molecules. It may also have a rocky core of heavier elements, but like the other giant planets, Jupiter lacks a well-defined solid surface. Because of its rapid rotation, the planet’s shape is that of an oblate spheroid (it has a slight but noticeable bulge around the equator). The outer atmosphere is visibly segregated into several bands at different latitudes, resulting in turbulence and storms along their interacting boundaries. A prominent result is the Great Red Spot, a giant storm that is known to have existed since at least the 17th century when it was first seen by telescope. Surrounding Jupiter is a faint planetary ring system and a powerful magnetosphere. Jupiter has at least 67 moons, including the four large Galilean moons discovered by Galileo Galilei in 1610. Ganymede, the largest of these, has a diameter greater than that of the planet Mercury. — Wikipedia Jupiter (Eric Weisstein’s World of Astronomy, Wolfram Research) David Darling’s Internet Encyclopedia of Science NASA Investigates Invisible Magnetic Bubbles in Outer Solar System (NASA Goddard) Juno shows Jupiter’s magnetic field is very different from Earth’s (Bob Yirka, Phys.org) In this animation the viewer is taken low over Jupiter’s north pole to illustrate the 3-D aspects of the region’s central cyclone and the eight cyclones that encircle it. The movie utilizes imagery derived from data collected by the Jovian Infrared Auroral Mapper (JIRAM) instrument aboard NASA’s Juno mission during its fourth pass over the massive planet. Infrared cameras are used to sense the temperature of Jupiter’s atmosphere and provide insight into how the powerful cyclones at Jupiter’s poles work. In the animation, the yellow areas are warmer (or deeper into Jupiter’s atmosphere) and the dark areas are colder (or higher up in Jupiter’s atmosphere). In this picture the highest “brightness temperature” is around 260K (about -13°C) and the lowest around 190K (about -83°C). The “brightness temperature” is a measurement of the radiance, at 5 µm, traveling upward from the top of the atmosphere towards Juno, expressed in units of temperature. NASA’s Juno Mission Provides Infrared Tour of Jupiter’s North Pole (NASA) How a NASA scientist looks in the depths of the Great Red Spot to find water on Jupiter (Lonnie Shekhtman, NASA’s Goddard Space Flight Center) Babylonian astronomers used geometry to track Jupiter (Philip Ball, Nature) All About Jupiter (Space Place, NASA) Jupiter (Cosmos4Kids) Crash Course Astronomy (YouTube) OER Commons: Open Educational Resources Science Daily, Phys.org Jupiter (NASA) Gaze Upon Jupiter’s Enormity in this Amazing Fly-By Video (Harley Locke, Wired) NASA gives Jupiter the Van Gogh treatment with magnificent new image (Jackson Ryan, CNET) OEDILF: The Omnificent English Dictionary In Limerick Form Jupiter News -- ScienceDaily Jupiter Research. From Hubble's latest pictures of Jupiter's new red spot to astronomy articles on Jupiter's moons, learn all the Jupiter facts here. Moon-forming disk discovered around distant planet Using Earth's most powerful array of radio telescopes, astronomers have made the first observations of a circumplanetary disk of gas and dust like the one that is believed to have birthed the moons of Jupiter. […] Alternating currents cause Jupiter's aurora An international research team has measured the system of currents that generates Jupiter's aurora. The scientists found out that sulphur dioxide gas from the gas giant's Moon Io is the cause of the system of currents. […] Astronomy bot speeds up search for Jupiter's twins Astronomers have a new tool in their search for extraterrestrial life -- a sophisticated bot that helps identify stars hosting planets similar to Jupiter and Saturn. […] Jupiter-like exoplanets found in sweet spot in... A survey of 300 stars in search of exoplanets finds that massive, Jupiter-like gas giants are found just about where Jupiter is in our own solar system. […] Direct from distant planet: Spectral clues to... CI Tau b is a paradoxical planet, but new research about its mass, brightness and the carbon monoxide in its atmosphere is starting to answer questions about how a planet so large could have formed around a star that's only 2 million years old. […] Phys.org - latest science and technology news stories Phys.org internet news portal provides the latest news on science including: Physics, Nanotechnology, Life Sciences, Space Science, Earth Science, Environment, Health and Medicine. Ploonets: Exiled moons may explain astronomical... on July 12, 2019 at 11:32 am Moons ejected from orbits around gas giant exoplanets could explain several astronomical mysteries, an international team of astronomers suggests. […] An international team of researchers has succeeded in measuring the current system responsible for Jupiter's aurora. Using data transmitted to Earth by NASA's Juno spacecraft, they showed that the direct currents were much weaker than expected and that alternating currents must therefore play a special role. On Earth, on the other hand, a direct current system creates its aurora. Jupiter's electric current system is kept going in particular by large centrifugal forces, which hurl ionized sulfur […] For climbing robots, the sky's the limit Robots can drive on the plains and craters ofMars, but what if we could explore cliffs, polar caps and other hard-to-reach places on the Red Planet and beyond? Designed by engineers at NASA's Jet Propulsion Laboratory in Pasadena, California, a four-limbed robot named LEMUR (Limbed Excursion Mechanical Utility Robot) can scale rock walls, gripping with hundreds of tiny fishhooks in each of its 16 fingers and using artificial intelligence (AI) to find its way around obstacles. In its last field […] Discovering exoplanets with gravitational waves on July 9, 2019 at 12:25 pm In a recent paper in Nature Astronomy, researchers from the Max Planck Institute for Gravitational Physics (Albert Einstein Institute/AEI) in Potsdam and from the French Alternative Energies and Atomic Energy Commission (CEA) in Saclay, Paris suggest how the planned space-based gravitational-wave observatory LISA can detect exoplanets orbiting white dwarf binaries everywhere in the Milky Way and in the nearby Magellanic Clouds. This new method will overcome certain limitations of current […]	cc/2019-30/en_head_0031.json.gz/line713
__label__cc	0.649895	0.350105	The Council Community: A global alliance of leading schools of business and management Helping responsible leaders make business and society benefit Visit the Council on Business & Society website This month’s Council Community Host, Maria José Tonelli of EAESP-FGV Brazil February 26, 2015 · by The Council on Business & Society · in The Academic Eye, This Month's Community Host. · Maria José Tonelli Maria José Tonelli, Deputy-Dean of FGV-EAESP. Maria José Tonelli has an undergraduate degree in Psychology from PUC, the São Paulo Catholic University, and is a Master and a Doctor of Social Psychology from the same institution, where she also taught at the beginning of her career. Since 1988 she has been Professor at the Department of Management and Human Resources at Escola de Administração de Empresas de São Paulo, Fundação Getúlio Vargas. She participates regularly in national and international Congresses in the field of organizations and people administration. She is now Deputy-Dean of FGV-EAESP. Visit the School website. Focus on the São Paulo Business Administration School (EAEP-FGV). One of the leading higher education institutes in Latin America, the São Paulo Business Administration School is built upon two prestigious Brazilian schools, EAEP and FGV. The EAESP-FGV buildings in Sao Paulo, Brazil The Escola de Administração de Empresas de São Paulo (EAESP, São Paulo Business School) is a Brazilian private higher education institution, founded in 1954 and linked to the Fundação Getúlio Vargas. The school was established with the help of Michigan State University professors in the assembly of its academic system. In partnerships with several key Brazilian companies and governmental bodies, EAESP maintains 20 studies and research centres and a Junior Enterprise, Empresa Júnior FGV, a leader in its field in Latin America. In 2000, EAESP’s undergraduate and graduate Administration programmes were accredited by the Association to Advance Collegiate Schools of Business (AACSB). One year later, in 2001, its learning activities were again accredited with another international accreditation: European Quality Improvement System (EQUIS). In 2004, two of EAESP’s courses were accredited by Association of MBAs (AMBA). EAESP is the only South American university with these three accreditations. Fundação Getulio Vargas (Getúlio Vargas Foundation, often abbreviated as FGV, is a Brazilian higher education institution founded in 1944. It offers regular courses in Economics, Business Administration, Law, Social Sciences and Information technology management. Its original goal was to train people for the country’s public- and private-sector management. Other courses began to be offered as the institution grew. It is considered by Foreign Policy magazine to be a top-5 “policymaker think-tank” worldwide. Students at EAESP-FGV Brazil FGV produces a large amount of both micro and macro academic research in economics, finance, business, decision-making, law, health, welfare, poverty and unemployment, pollution, and sustainable development as well as maintaining research programmes in the fields of History, Social Sciences, Education, Justice, Citizenship, and Politics. FGV also undertakes projects at the request of the public sector, private enterprise and international agencies such as the World Bank and the Inter-American Bank (IDB). Notable examples of such work include assistance for the successful Rio de Janeiro bids for the 2007 Pan American Games and the 2016 Summer Olympics. FGV also offers in-company courses with customers including many leading banks. Short-term programs include IDE’s Business Administration Course (“Curso de Administração de Empresas” – CADEMP) and distance-learning programmes such as FGV Online. In the 2009 QS Global 200 Business Schools Report FGV was ranked 3rd in South America. Together these two instituions form the São Paulo Business Administration School (EAEP-FGV) EAESP-FGV is a member of the Council on Business & Society Visit the School here. Tags: 10.000 Women Project, Brazil, Brazilian Quality of Life Association, Business School, Council on Business & Society, EAESP-FGV, ESSEC Business School, ESSEC Publishing, Fudan University, Is Brazil an exotic model for the future of work?, Keio Business School, Mannheim Business School, Tuck School of Management at Dartmouth ← Academic eye: Is Brazil an exotic model in the future of work? Academic eye: Brazil’s business world in women’s hands? → Mixing Business with a higher purpose Young Lions: Student CSR Winners and Finalists, 2019 Females in the Workforce: Breaking free from the doll’s house A Lion’s Share of the Common Good From Art to Science: A paradigm shift in people management kshitij on Re-thinking education through… anaya on Re-thinking education through… Valery Yakubovich on From Art to Science: A paradig… The Council on Busin… on From Art to Science: A paradig… Cynthia Siemens on From Art to Science: A paradig… Community Viewpoint The Academic Eye This Month's Community Host	cc/2019-30/en_head_0031.json.gz/line714
__label__wiki	0.501518	0.501518	Open webinar 11:00AM – 12:00PM (Hover over/Tap for your local time) Opening doors to higher education isn’t enough: The deeper challenges of OER Moderator: Adrian Stagg, Manager (Open Educational Practice), University of Southern Queensland Panellists Professor Helen Partridge, Pro Vice-Chancellor (Education) at the University of Southern Queensland Dr Janet Bulumaris Rangou, Associate Director-Programs and Productions at the University of Papua New Guinea’s Open College. Dr. Rajiv Jhangiani, Special Advisor to the Provost on Open Education, Kwantlen Polytechnic University, Canada. Dr David Porter, Chief Executive Officer, eCampusOntario, Canada. <insert link to slides>. One of the first recognised promises of open educational resources (OER) was broader access to, and by extension, greater participation in, higher education globally. However, many have treated access and participation as a singular concept, instead of recognising the distinct environmental, organisational, and attitudinal requirements for successfully ‘opening up education’. As the open education movement matures, and strives for mainstream integration, a nuanced conversation leading to achievable strategy is required by those organisations seeking to engage authentically with openness. The panelists will respond to the challenge of not only providing access, but also widening participation in a truly open university, or open education setting. During this event, perspectives on governance, strategy, opportunities, challenges, student engagement, and learning and teaching will be considered using the lens of raising awareness levels of, and deliberate planning for, open educational experiences. Panellists will share insights and lessons learned from their own experience highlighting implications for the OERu international network. This event will be live-streamed, and openly accessible, and includes the attendees of the 2018 OERu International Partners Meeting in Port Macquarie, Australia. Participants are encouraged to interact with topics, and pose questions to the panel. Meet the panellists Helen Partridge Meet Helen Panel focus: Open education from a strategic and university leadership perspective Professor Helen Partridge (@partridh) is the Pro Vice-Chancellor (Education) at the University of Southern Queensland where she is responsible for supporting and facilitating the University’s education strategy, and is responsible for ensuring a culture of excellence and innovation in learning and teaching. She has published widely in the area of teaching and learning and has received a number of teaching awards including a Teaching Fellowship in 2008 from the Australian Learning and Teaching Council (ALTC). Helen’s research explores the interplay between information, learning and technology. She has been a visiting Research Fellow at the Oxford Internet Institute, University of Oxford, and the Berkman Klein Center for Internet and Society, Harvard University. She is a Fellow of the Australian Library and Information Association (ALIA) and has twice been elected to the ALIA Board of Directors. Janet Rangou Panel focus: Challenges and opportunities of open education in Papua New Guinea Dr Janet Bulumaris Rangou is the Associate Director-Programs and Productions at the University of Papua New Guinea’s Open College. She holds a Bachelors Degree in Education from the University of Papua New Guinea, a Masters Degree in Learning Sciences and Technology and a PhD from the University of Sydney. She will share her experiences working and implementing “Open” through her work at the University of Papua New Guinea Open College. Rajiv Jhangiani Meet Rajiv Panel focus: Challenges and opportunities in open pedagogy and student engagement Dr. Rajiv Jhangiani (@thatpsychprof) is the Special Advisor to the Provost on Open Education and a Psychology Instructor at Kwantlen Polytechnic University, where he conducts research in open education and the scholarship of teaching and learning. A co-director of the Open Pedagogy Notebook, Dr. Jhangiani also serves as an Associate Editor of Psychology Learning and Teaching and an Ambassador for the Center for Open Science. His most recent book is Open: The Philosophy and Practices that are Revolutionizing Education and Science (2017, Ubiquity Press, CC-BY). Meet David Panel focus: The student voice for open education in Ontario Dr David Porter (@davidp_eCO) is Chief Executive Officer of eCampusOntario in Canada. A long-time advocate for the benefits of adapting new technology to deliver educational opportunities, David’s extensive experience in the education and training fields has included working with both public and private sector organizations. David is also a Board member of the OER Foundation. Adrian Stagg Meet Adrian Panel moderator Adrian Stagg (@OpenKuroko) is currently the Manager (Open Educational Practice) for the University of Southern Queensland. His career spans both public and academic libraries, as well as positions as a Learning Technologist and eLearning Designer. Adrian holds a Master of Applied Science (Library and Information Management), and he is a confirmed PhD candidate at the University of Tasmania. His research areas include the ecology of open educational practice and higher education policy as it relates to and supports, open educational initiatives. He is an active member of the open education community through the OERu, Creative Commons, the OER World Map, and his podcast ‘The Other Fifty Weeks’, and facilitates the USQ Open Education Staff Scholarships Scheme.	cc/2019-30/en_head_0031.json.gz/line716
__label__wiki	0.593172	0.593172	MAKE IT NEW! December 7, 2013 at 12:02 pm ("Directive", "Make it new", Albert Einstein, Artur Rimbaud, Australian Aborigines, Buddhism, Carl Phillips, Cern, Christopher Woodman, Dawn potter, Dreaming, Eternity, Ezra Pound, George Tooker, God Particle, Guns Germs and Steel, Jared Diamond, Robert Frost, Songlines, Spirit Houses, Sri Aurobindo, Stephen Hawking, Theodore Roethke, Time, Uncategorized, W.F.Kammann, Walkabout) Many thanks to AUSTRAVELPHOTOGRAPHY for the photo. People have always felt the world was going down the tubes — from “hey, look at her!” to “ubi sunt,” indeed long before anybody ever thought to make it new! One of the cultures I most admire is that of the indigenous people of Australia. What culture has ever produced greater artists, richer myths, or more healing images? Yet when they lost their past, all 30,000 years of it, it took just a few decades to bankrupt them entirely, economically, culturally, emotionally and spiritually. On the other hand, the tragedy was caused as much by our culture’s inability to cope with change as it was with theirs. They couldn’t deal with us any more than we could deal with them, a heart-breaking impasse for everybody involved right to the end, and still with us. Two observations on “Make It New” with regard to the gifts of these extraordinary people. The Australian aborigines were always in a sense “contemporary” — they were “cartoon” artists, after all, and every image and artifact they made was “pop” in the sense that everybody was a fan, everybody loved it, read it and danced to it. Secondly, their culture didn’t change — for whatever reason they were locked in a time-warp, as we might say looking out into space, and as a result nothing ever became “dated” what is more “old fashioned” for them. “Make it new?” Why everything was new already! I make these observations very much without blame — Jared Diamond’s Guns, Germs and Steel confirmed what I had always suspected, that the Australian aborigines’ lack of ‘development’ had nothing whatever to do with inferior genes, hands or minds. On the other hand, they didn’t “change” at all in our sense — but that’s not quite the same as I have come to understand the word in Buddhist terms. The Buddha insisted over and over again that denying change was as self-destructive as any form of greed, control or domination. Anicca, or “impermanence” as it’s usually translated when the sutras are rendered in English, is the only certainty in life, says the Buddha, and holding on to things as if they weren’t going to change is the root of all suffering. That’s the fundamental Buddhist teaching, in fact, that Change and the inevitable Suffering that arises out of it are the fundamental truths of all being. What’s really different about our times, it seems to me, is what is happening to time itself — the speed of change, as if we were already strapped in the rocket that will deliver us from our dwindling planet into the arms of space. Try this to put our own sense of time in perspective: I never even heard of television until I was 8 and didn’t live with a set until I was 42! Even more astonishing, I learned all my maths and physics without a calculator, sailed all over the world without a GPS or other electronic aid, and didn’t touch a computer keyboard until I was 52, the same age at which I published my first poem. And if that last one doesn’t put the word “dated” into perspective for a poet in America, what does? But we’ll come back to that. I just want to add that I’m not a Buddhist, whatever that might mean, and feel very strongly that in the light of eternity there are other “universal truths” beside Change and Suffering. Indeed, one of the reasons the aborigines are so important to me is that they tell me more than any other people I have ever encountered about who I really am — particularly as I look in the mirror on my birthday, not a pretty sight at all at 74. But then the old wizened aborigine that looks back at me over my shoulder tells me that nothing that really matters is ever outdated. Change is nothing in the light of eternity, he tells me — and I don’t mean by that Heaven or Eternal Life, God forbid, or indeed anything my new-age friends in white call ‘Spiritual.’ I mean eternity in the sense that I believe Einstein imagined it, or Stephen Hawking in his space-age body, our own little naked good-fella in Cambridge, grappling with the dreaming that’s Cern. Do you think when the first white man arrived in Australia an aboriginal would have had a problem showing him a God-particle? Had the white man been able to ask, that is? Had he had the intelligence or expertise to navigate that sort of thinking? And of course, had the good-fella been willing to betray such truths by sharing them with such a big, crude, ignorant stranger? ………THE COMMENTS THAT FOLLOW DEVELOP THE THREAD THE MYSTERY OF BARABAR & THE MARABAR CAVES July 6, 2011 at 2:26 pm (A Passage to India, Barabar Caves, Carl Sagan, Christopher Woodman, Cosmology, E.M.Forster, Frank Kermode, Heisenberg, Lourdres, Marabar Caves, Sconfitta, Stephen Hawking, The Big Bang, The Man Who Wasn't There, The Uncertainty Principle, The Uses of Error, Uncategorized, Urizen, W.F.Kammann, William Blake) “Having seen one such cave, having seen three, four, fourteen, twenty-four, the visitor returns…uncertain whether he has had an interesting experience or a dull experience or any experience at all. He finds it difficult to discuss the caves, or to keep them apart in his mind…”……………………………………E. M. Forster, A Passage to India Click on the cave to expand it, and give thanks to Tim Makins for his beautiful and informative site. This particular cave is called ‘Vadathika’ and is at Barabar north of Gaya in Bihar State, one of four carved in granite at the behest of the great Buddhist Emperor Asoka (269-232 B.C.). …………………….what are they? …………………who goes into them? ………………what comes out of them? “… An entrance was necessary, so mankind made one. “…But elsewhere, deeper in the granite, are there certain chambers that have no entrances? Chambers never unsealed since the arrival of the gods? Local report declares that these exceed in number those that can be visited, as the dead exceed the living – four hundred of them, four thousand or million. Nothing is inside them, they were sealed up before the creation of pestilence or treasure; if mankind grew curious and excavated, nothing, nothing would be added to the sum of good or evil. One of them is rumoured within the boulder that swings on the summit of the highest of the hills; a bubble-shaped cave that has neither ceiling nor floor, and mirrors its own darkness in every direction infinitely. If the boulder falls and smashes, the cave will smash too – empty as an Easter egg. The boulder because of its hollowness sways in the wind, and even moves when a crow perches upon it; hence its name and the name of its stupendous pedestal: the Kawa Dol.” ………………………………………………………….E. M. Forster, A Passage to India ……“If the doors of perception were cleansed everything would appear to man …….as it is, infinite. For man has closed himself up till he sees all things thro’ …….narrow chinks of his cavern.”. .……………. …William Blake, The Marriage of Heaven and Hell My mind enters here, William Blake’s ‘Sconfitta,’ among many other dark cavern-like places — including the cave in A Passage to India, of course, and still asking not just about Adela and Dr Aziz but about Morgan. For this was in fact E.M.Forster’s last novel, as hard as that may be to believe. 1924. In 1964 I was a Research Student at King’s College and he sat at the High Table every evening. Everyone called him just “Morgan,” and I wondered at his smallness, availability and shyness. Or 1965, maybe, or 1966? — I was so troubled with entrances, with drugs, sex, music, speed as in over the ground, and children, lots of them, and of course Leavis, Lewis, Yehudi Menuhin playing all six Solo Sonatas and Partitas in King’s College Chapel, visions in Fiesole in August and nightmares in the orchard at Grantchester in October, Beatles-live the same evening at a cinema on Regent St. with the locals — no, I don’t remember when. And even more important, my first entrances elsewhere and beyond, as troubling as any Marabar Cave and as easy to get into yet hard to get out of in one piece. So what happens anyway? KIM, KIPLING & KAMAKURA May 30, 2011 at 10:21 am (Amitaba, Buddhism, Christianity, Christopher Woodman, East is East, India, Japan, Kamakura, Kim, Lockwood Kipling, Rudyard Kipling, Sarat Chandra Das, The British Empire, The Pundits, Tibet, Uncategorized, W.F.Kammann) ………..“He lived in a life wild as that of the Arabian Nights, but ………..missionaries and secretaries of charitable societies could ………..not see the beauty of it.” ……….. Each of the first three chapters of Kim (1901-2) is introduced by a stanza from Kipling’s poem, “The Buddha at Kamakura,” which he wrote after a visit to Japan in 1892. It’s by no means his best poem, but it’s certainly one of the most detailed and challenging ones he ever wrote on the subject of East and West from a religious point of view. Needless to say, the poem must have interested Kipling a lot for him to have selected stanzas from it for such a crucial introduction. And they’re not easy ones either, so Kipling must have wanted readers to spend some time figuring out what they meant. Most importantly, they’re not about exotic adventure in India, or even about India, for that matter, but rather move toward the quieter, deeper, more universal themes in Kim, many of which would be new to readers even today. Kamakura is the 44 foot high, 800 year old bronze Amitaba Buddha near Tokyo so much loved by the people of Japan — ‘Amitaba’ is the Japanese Buddha of love, a ‘Savior Buddha,’ really, and closely related in his origins to the female goddess Kwan Im in China. Kipling makes sure the reader knows it is precisely this Buddha and this place he is referring to by introducing Chapter I with the phrase, “And there is a Japanese idol at Kamakura“– and of course the word “idol” was intended to provoke a negative response. The verses, on the other hand, succeed in doing just the opposite — which, I would argue, is precisely why they are there.………………………………… …………………………………………..Kim, Chapter I: ………………………………….O ye who tread the Narrow Way ………………………………….By Tophet -flare to Judgment Day, ………………………………….Be gentle when the ‘heathen’ pray ………………………………….To Buddha at Kamakura! ………………………………………….Kim, Chapter II: ………………………………….And whoso will, from Pride released, ………………………………….Contemning neither creed nor priest, ………………………………….May feel the Soul of all the East ………………………………….About him at Kamakura. ………………………………………….Kim, Chapter III: ………………………………….Yea, voice of every Soul that clung ………………………………….To life that strove from rung to rung ………………………………….When Devadatta’s rule was young, ………………………………….The warm wind brings Kamakura. The first stanza tries to soften Christian distaste for other religions by appealing to the warm atmosphere at Kamakura. Both “Tophet-flare” and “Judgement Day” are harsh Biblical allusions that contrast strongly with the gentle peace embodied in the place, Kamakura, and of course in the last line of every stanza in the poem. Chapter Two’s stanza, on the other hand, praises Western, non-orthodox free-thinkers who take pride in their open-mindedness to “other creeds” (this is the age of “Spritualism,” don’t forget, Theosophy, Anthroposophy, and there were big personalities involved in those movements too, needless to say). The appeal to these two, diametrically opposed groups of people at the beginning of the novel shows the degree to which Kipling’s own heart was engaged in quite a different spriritual dimension in Kim. The third introductory stanza is much more ambiguous. Devadatta was a very close disciple of the Buddha who actually rejected the Master’s “Middle Way,” preferring to stay behind in the old elitist spiritual life as an ascetic in the forest. Devadatta did not join the Buddha in his later, more gentle, holistic phase, and there is even a legend that he tried to kill the Buddha to prevent him from attaining Enlightenment. The stanza seems to suggest that whoever such people are, they are conservative and therefore unwilling, or not yet ready, in any case, to move on. They belong to an earlier world order. In fact, Kipling did not include this 3rd stanza in the full version of “The Buddha at Kamakura,” which he first published in 1892 in an article in the Times called “The Edge of the East,” an article specifically about Japan. The poem as a whole was eventually added to the collection called The Five Nations in 1903, two years after the publication of Kim. In that version he included the following, much easier, more straightforward stanza, part of which is also quoted in the body of the first chapter of Kim, so we’re in the same place: …………………………………Yea, every tale Ananda heard, …………………………………Of birth as fish or beast or bird, …………………………………While yet in lives the Master stirred, …………………………………The warm wind brings Kamakura. Ananda was the closest friend of the Buddha, if one would dare to say that about the Buddha, implying as it does some attachment on his part as well. In any case, this stanza would seem to celebrate the supportive presence of the Buddha in the pre-conscious mind, so to speak, i.e. in those beings who have not yet had the chance to experience life as a fully conscious human being. This is mainly just a hunch, but my feeling is that Kipling was addressing in both these last two stanzas the vast majority of Westerners, busy people too set in their ways to understand Eastern spiritual practices in their hearts. He seems to be saying that with a little help they could still come to respect and even be inspired by devotion like that shown to Amitaba Buddha at Kamakura, which has certainly proven to be true in our times. The overall message in the introductory stanzas is one of love and respect for all people who worship out of the heart, whatever their creed or the form of their worship. It is indeed a blessing to find yourself among such devoted people, the poem says, so “be gentle” and respect them. “Feel the Soul of all the East ,” open yourselves up to “the warm wind of Kamakura.” An extraordinary message for 1892, or anytime! …………Great Buddha, with an enlarged detail of a man standing on the hands.” ……………….Photo published in Brinkley’s Japan, a Guide Book (ca. 1890). …………………………………The Buddha at Kamakura ………………………….“And there is a Japanese idol at Kamakura” …………………………………O ye who tread the Narrow Way …………………………………By Tophet -flare to Judgment Day, …………………………………Be gentle when the ‘heathen’ pray …………………………………To Buddha at Kamakura! …………………………………To him the Way, the Law, apart, …………………………………Whom Maya held beneath her heart, …………………………………Ananda’s Lord, the Bodhisat, …………………………………The Buddha of Kamakura. …………………………………For though he neither burns nor sees, …………………………………Nor hears ye thank your Deities, …………………………………Ye have not sinned with such as these, …………………………………His children at Kamakura. …………………………………Yet spare us still the Western joke …………………………………When joss-sticks turn to scented smoke …………………………………The little sins of little folk …………………………………That worship at Kamakura. …………………………………The grey-robed, gay-sashed butterflies …………………………………That flit beneath the Master’s eyes. …………………………………He is beyond the Mysteries …………………………………But loves them at Kamakura. …………………………………And whoso will, from Pride released, …………………………………Contemning neither creed nor priest, …………………………………May feel the Soul of all the East …………………………………About him at Kamakura. …………………………………Till drowsy eyelids seem to see …………………………………A-flower ‘neath her golden htee …………………………………The Shwe-Dagon flare easterly …………………………………From Burmah to Kamakura, …………………………………And down the loaded air there comes …………………………………The thunder of Thibetan drums, …………………………………And droned — “Om mane padme hums ” — …………………………………A world’s-width from Kamakura. …………………………………Yet Brahmans rule Benares still, …………………………………Buddh-Gaya’s ruins pit the hill, …………………………………And beef-fed zealots threaten ill …………………………………To Buddha and Kamakura. …………………………………A tourist-show, a legend told, …………………………………A rusting bulk of bronze and gold, …………………………………So much, and scarce so much, ye hold …………………………………The meaning of Kamakura? …………………………………But when the morning prayer is prayed, …………………………………Think, ere ye pass to strife and trade, …………………………………Is God in human image made …………………………………No nearer than Kamakura? ……………………………………………………………………..Rudyard Kipling, 1892 EAST IS EAST AND WEST IS WEST May 7, 2011 at 11:30 am (Burma, Christopher Woodman, Post-Colonialism, Rudyard Kipling, Uncategorized, W.F.Kammann) By the old Moulmein Pagoda, lookin’ lazy at the sea, There’s a Burma girl a-settin’, and I know she thinks o’ me; For the wind is in the palm-trees, and the temple-bells they say: “Come you back, you British soldier; come you back to Mandalay!” ………….. Come you back to Mandalay, ………….. Where the old Flotilla lay: ………….. Can’t you ‘ear their paddles chunkin’ from Rangoon to Mandalay? ………….. On the road to Mandalay, ………….. Where the flyin’-fishes play, ………….. An’ the dawn comes up like thunder outer China ‘crost the Bay! ‘Er petticoat was yaller an’ ‘er little cap was green, An’ ‘er name was Supi-yaw-lat — jes’ the same as Theebaw‘s Queen, An’ I seed her first a-smokin’ of a whackin’ white cheroot, An’ a-wastin’ Christian kisses on an ‘eathen idol’s foot: ………….. Bloomin’ idol made o’mud — ………….. Wot they called the Great Gawd Budd — ………….. Plucky lot she cared for idols when I kissed ‘er where she stud! ………….. On the road to Mandalay . . . When the mist was on the rice-fields an’ the sun was droppin’ slow, She’d git ‘er little banjo an’ she’d sing “Kulla-lo-lo!” With ‘er arm upon my shoulder an’ ‘er cheek agin’ my cheek We useter watch the steamers an’ the hathis pilin’ teak. ………….. Elephints a-pilin’ teak ………….. In the sludgy, squdgy creek, ………….. Where the silence ‘ung that ‘eavy you was ‘arf afraid to speak! But that’s all shove be’ind me — long ago an’ fur away, An’ there ain’t no ‘busses runnin’ from the Bank to Mandalay; An’ I’m learnin’ ‘ere in London what the ten-year soldier tells: “If you’ve ‘eard the East a-callin’, you won’t never ‘eed naught else.” ………….. No! you won’t ‘eed nothin’ else ………….. But them spicy garlic smells, ………….. An’ the sunshine an’ the palm-trees an’ the tinkly temple-bells; I am sick o’ wastin’ leather on these gritty pavin’-stones, An’ the blasted Henglish drizzle wakes the fever in my bones; Tho’ I walks with fifty ‘ousemaids outer Chelsea to the Strand, An’ they talks a lot o’ lovin’, but wot do they understand? ………….. Beefy face an’ grubby ‘and — ………….. Law! wot do they understand? ………….. I’ve a neater, sweeter maiden in a cleaner, greener land! Ship me somewheres east of Suez, where the best is like the worst, Where there aren’t no Ten Commandments an’ a man can raise a thirst; For the temple-bells are callin’, an’ it’s there that I would be — By the old Moulmein Pagoda, looking lazy at the sea; ………….. Where the old Flotilla lay, ………….. With our sick beneath the awnings when we went to Mandalay! ………………………………………………………………..Rudyard Kipling (1890) LOTUS BORN January 15, 2011 at 11:07 am (Classic, Clive Cobie, Enlightenment, Heinrich Heine, Padmasambhava, Robert Schumann, Romantic, Tantric, Uncategorized, W.F.Kammann) Padmasambhava —the Lotus Born ………………..DIE LOTOSBLUME ………………..Die Lotosblume ängstigt ………………..Sich vor der Sonne Pracht, ………………..Und mit gesenktem Haupte ………………..Erwartet sie träumend die Nacht. ………………..Der Mond, der ist ihr Buhle, ………………..Er weckt sie mit seinem Licht, ………………..Und ihm entschleiert sie freundlich ………………..Ihr frommes Blumengesicht. ………………..Sie blüht und glüht und leuchtet, ………………..Und starret stumm in die Höh; ………………..Sie duftet und weinet und zittert ………………..Vor Liebe und Liebesweh. ……………………………………………….Heinrich Heine ………………..THE LOTUS ………………..The anxious lotus flower ………………..Avoids the bright sun’s light, ………………..She bows her head and dreaming ………………..Awaits the fall of night. ………………..The moon her nightly lover ………………..Awakens her secret place, ………………..And she unveils in his presence ………………..Her shyly blooming face. ………………..She blooms and glows and glistens, ………………. With silent gaze fixed above, ………………..Her scent, her tears, and the trembling ………………..For love and the great pain of love. ……………………………………………….trans. W.F.Kammann Schumann’s setting of the poem is brilliant. The music starting Sie blueht … rises until the word zittert when it falls back trembling. The last line descends over and over rising slightly only to descend deeper ending on the low note with the word “Weh.”(Pain). Romantic, orgasmic, the music and poem combine to expose the shy desire of the poet which meets only with rejection and great pain. The 1965 version by Rita Streich gives you a sense of the song. The lotus rises above the mud and slime of the pool, yet depends on it for its existence. A symbol of the enlightened mind, the lotus gives birth to Buddhas. Om Mani Padme Hum. W.F.Kammann OPEN LETTER TO POPPA April 3, 2010 at 1:28 am (Uncategorized) …………………………………..J.D.Salinger to Ernest Hemingway (1946). JFK Library, Boston. Read the instructions carefully before applying the message to the person. Dispose of package carefully. Side-effects — be careful. Quote carefully. Ich weiss nicht, was soll es bedeuten dass ich so traurig bin March 28, 2010 at 10:48 am (Annie Finch, Bob Dylan, Emily Dickinson, Heinrich Heine, Langston Hughes, Lyric Poetry, Uncategorized, W.F.Kammann, Walt Whitman) Sung to the lyre, it has a certain fascination. American lyrics from Irish ballads to Emily Dickinson to Annie Finch. Whitman, that lyric maelstrom. What about Heine? Could any man write these lyrics now? Is lyric poetry only written by women today? And then there’s Dylan (Bob) with the “lowest form” of lyric: the song lyric. Most poetry is lyric, isn’t it? ………………………………….Harlem ………………………………….What happens to a dream deferred? ………………………………….Does it dry up ………………………………….like a raisin in the sun? ………………………………….Or fester like a sore— ………………………………….And then run? ………………………………….Does it stink like rotten meat? ………………………………….Or crust and sugar over— ………………………………….like a syrupy sweet? ………………………………….Maybe it just sags ………………………………… like a heavy load. ………………………………….Or does it explode? ………………………………………………………………..Langston Hughes FOR CHRISTOPHER WOODMAN March 16, 2010 at 2:57 pm (Christopher Woodman, Uncategorized) Because I Remember You Because I remember you, How can you, then, forget me? Separation divided us two, But this division creates three: Our past with its helpless memory, The two of us as we stand now, And my image of you—idea forever Unresolved!—existing, and though it were My image and my image alone, It is you, by the stream, happy and known. ………………………………………Thomas Brady WHY KEATS’ “ODE TO PSYCHE” ALSO DOESN’T WORK March 14, 2010 at 10:00 am (Christopher Woodman, D.H.Lawrence, Jacques-Louis David, John Keats, Ode to Psyche, Sharon Olds, Uncategorized) ………………………………………….Jacques-Louis David, “Cupid and Psyche” (1817) It’s a silly painting — but delicious. One can only wonder at what point Jacques-Louis David decided on that silly model, or did he realize the subject couldn’t be anything but delicious and silly, having looked at so many other recent failures in the great houses of Europe. Did he realize that the nakedness of Psyche was the sole interest, and that if Cupid was to be included he would either have to have a tiny wee wee as was the convention, and be a joke, or try to paint a real young man with the equipment that could satisfy her. A clever denouement in the end, in fact — a real-life adolescent Cupid smirking, embarrassed to be seen in this predicament. “No, you can’t see what I’ve got — the art world’s not yet ready for it!” Which in a way was the whole purpose of the original story, the myth itself, wasn’t it, that for perfect beauty to actually be anatomically in the embrace of love is never a pretty sight, that if you light a lamp and show it all you’ve just got pornography. That’s the joke here too, I think — and of course it’s brilliant. Jacques-Louis David takes a favorite theme with which to show off flesh, and in doing so makes a god a bumpkin hero! Sex is always a bummer, and any lover a bumpkin game-keeper in too much light — and what a ruckus was kicked up when an artist finally did decide to show it all as it really was, although not of course in painting. Indeed, it’s actually quite hard to show it all in painting because when the embrace is all there it’s anatomically not visible. It’s only when it’s just getting started or when it’s all finished, ugh, that you can show it all, and porno stars in front of cameras trying to shoot the full monty in the middle have to be contortionists, and needless to say that’s not much pleasure for the lovers, even if they are divine! So of course the light must not be lit — there are some things that can’t be seen, and ecstatic love is one of them. I was referring to D.H.Lawrence just before, of course, who also tried very sincerely and with considerable skill but still failed — which is all the more reason for sheltering Sharon Olds from the prurience of those who are allowed to look at her in the very arms of the god of love and just snicker! And John Keats? What happens when you say you’re going to show it all and at the same time place Psyche on the altar? Can this be done? ……………….ODE TO PSYCHE O Goddess! hear these tuneless numbers, wrung By sweet enforcement and remembrance dear, And pardon that thy secrets should be sung Even into thine own soft-conched ear: Surely I dreamt today, or did I see The winged Psyche with awakened eyes? I wandered in a forest thoughtlessly, And, on the sudden, fainting with surprise, Saw two fair creatures, couched side by side In deepest grass, beneath the whisp’ring roof Of leaves and trembled blossoms, where there ran A brooklet, scarce espied: ‘Mid hushed, cool-rooted flowers, fragrant-eyed, Blue, silver-white, and budded Tyrian, They lay calm-breathing on the bedded grass; Their arms embraced, and their pinions too; Their lips touched not, but had not bade adieu, As if disjoined by soft-handed slumber, And ready still past kisses to outnumber At tender eye-dawn of aurorean love: The winged boy I knew; But who wast thou, O happy, happy dove? His Psyche true! O latest born and loveliest vision far Of all Olympus’ faded hierarchy! Fairer than Phoebe’s sapphire-regioned star, Or Vesper, amorous glow-worm of the sky; Fairer than these, though temple thou hast none, Nor altar heaped with flowers; Nor virgin-choir to make delicious moan Upon the midnight hours; No voice, no lute, no pipe, no incense sweet From chain-swung censer teeming; No shrine, no grove, no oracle, no heat Of pale-mouthed prophet dreaming. O brightest! though too late for antique vows, Too, too late for the fond believing lyre, When holy were the haunted forest boughs, Holy the air, the water, and the fire; Yet even in these days so far retired From happy pieties, thy lucent fans, Fluttering among the faint Olympians, I see, and sing, by my own eyes inspired. So let me be thy choir, and make a moan Thy voice, thy lute, thy pipe, thy incense sweet From swinged censer teeming; Thy shrine, thy grove, thy oracle, thy heat Yes, I will be thy priest, and build a fane In some untrodden region of my mind, Where branched thoughts, new grown with pleasant pain, Instead of pines shall murmur in the wind: Far, far around shall those dark-clustered trees Fledge the wild-ridged mountains steep by steep; And there by zephyrs, streams, and birds, and bees, The moss-lain dryads shall be lulled to sleep; And in the midst of this wide quietness A rosy sanctuary will I dress With the wreathed trellis of a working brain, With buds, and bells, and stars without a name, With all the gardener Fancy e’er could feign, Who breeding flowers, will never breed the same: And there shall be for thee all soft delight That shadowy thought can win, A bright torch, and a casement ope at night, To let the warm Love in! …………………………………..…...John Keats It’s a remarkable poem, one of my favorites, and I’m so glad he tried, the fool — but still “Ode to Psyche” is a failure.	cc/2019-30/en_head_0031.json.gz/line717
__label__wiki	0.548792	0.548792	Laugh with us! Laughing is an involuntary reaction to certain external or internal stimuli. Laughter can arise from such activities as being tickled,[1] or from humorous stories or thoughts.[2] Most commonly, it is considered a visual expression of a number of positive emotional states, such as joy, mirth, happiness, relief, etc. On some occasions, however, it may be caused by contrary emotional states such as embarrassment, apology, or confusion ("nervous laughter)" or courtesy laugh. Factors such as age, gender, education, language, and culture are determinant factors[3] as to whether a person will experience laughter in a given situation. Laughter is a part of human behavior regulated by the brain, helping humans clarify their intentions in social interaction and providing an emotional context to conversations. Laughter is used as a signal for being part of a group — it signals acceptance and positive interactions with others. Laughter is sometimes seen as contagious, and the laughter of one person can itself provoke laughter from others as a positive feedback.[4] This may account in part for the popularity of laugh tracks in situation comedy television shows. The study of humor and laughter, and its psychological and physiological effects on the human body, is called gelotology. Watch out for this Columbus proposes penalty for 7 oz. of marijuana less than an expired meter And unlike state law, up to 200 grams would not come with possible jail time, under the first reading of the ordinance. The facility will replace the existing Station 16 at 1130 Weber Road that was constructed in 1952. Fight over 'missing middle' continues after board invalidates Olympia's infill housing regulations The Olympian ...board has invalidated Olympia's development regulations aimed at promoting infill housing after finding the city violated state law related to the environment and growth and that the changes go against policies in Olympia's comprehensive plan. The changes, approved last year, allowed for more multifamily housing to be built in low-density neighborhoods, including duplexes, triplexes, fourplexes and courtyard apartments. This is referred to as "missing middle" housing since it falls... Gov. Lamont celebrates legislation speeding up 5G technology in Connecticut Howard County Times July 15-- Jul. 15--Gov. I want Connecticut to be ahead of the curve, and to do that we are moving quickly on deploying 5G access across our state. You know kids like to laugh Children are known to laugh a great deal more than adults: an average baby laughs around 300 times a day compared to an average adult, who laughs only around 20 times a day;[citation needed] however this can depend on a person's personality. According to some studies, the onset of adulthood causes a gradual change characterized by increased seriousness and a diminished engagement in laughter.[5] Laughter is an audible expression or appearance of excitement, an inward feeling of joy and happiness. It may ensue from jokes, tickling, and other stimuli. Researchers have shown infants as early as 17 days old have vocal laughing sounds or laughter.[6] It conflicts with earlier studies indicating that infants usually start to laugh at about four months of age. Laughter researcher Robert Provine said: "Laughter is a mechanism everyone has; laughter is part of universal human vocabulary. There are thousands of languages, hundreds of thousands of dialects, but everyone speaks laughter in pretty much the same way." Babies have the ability to laugh before they ever speak. Children who are born blind and deaf still retain the ability to laugh. [7] Provine argues that "Laughter is primitive, an unconscious vocalization." Provine argues that it probably is genetic. In a study of the "Giggle Twins", two happy twins who were separated at birth and only reunited 43 years later, Provine reports that "until they met each other, neither of these exceptionally happy ladies had known anyone who laughed as much as they did." They reported this even though they both had been brought together by their adoptive parents, who they indicated were "undemonstrative and dour." He indicates that the twins "inherited some aspects of their laugh sound and pattern, readiness to laugh, and maybe even taste in humor."[8] Entry level position required your voice is valuable	cc/2019-30/en_head_0031.json.gz/line718
__label__wiki	0.732037	0.732037	« The Oldest Buddhist shrine holds clues to the Buddha Sakya Mundi; a Lost Israelite Prince's Birth Place \| Main \| Buzi the Jewish Cohen in Solomon’s Temple was the First Buddha Mundi » How the G-d of Israel enlightened the Sakya Prince Siddhartha so that the Lost Ten Tribes could have a Messiah in Buddhism The Lost Israelites were the First Buddhists – Part Two The Ashokah Pillar called the “Topez of the Sanchi” on the Southern Gateway of the Sanchi Stupa Equally mysterious in the origins of the Supreme Buddha was the role of the Sacae-Suni that were known as the “Sons of Isaac” upon which the 6th century Royal Lost Israelite Prince heir, Siddhartha Gautama was born as one of their peoples. He was later to become known as the Supreme Buddha, the “Sacae- Muni” or the “Great Hermit”. As written in the Bible Searchers Reflections article titled, “The Israeli-Scythian Migration to Europe” in the subtitled section called, “The Influence of the Sacae-Suni, the Sons of Isaac, upon Buddha and Confucius” we read: Bible Searchers Reflections – “It was in the research of George Moore M.D. in his book published in 1861 titled, “The Lost Tribes and the Saxons of the East and the West, with new views of Buddhism and Translations of Rock Records in India” that the Scythian/Scuths began first to wander east of the Caspian Sea, along the east-west corridor in which they had full autonomy and control. Bands of the Scythian-Scuth-Israelites who were called the Saki, Saghs, or Asa of Ariana, began penetrating south into the Kingdoms of Media and Persia and wherever they battled, they won in triumph. For a time, the Israelite-Scythians had possession of Media and Persia and ruled them from their homelands now to the far north and all the way over to the Indian Peninsula. The Daibutsu at the Asuka dera in Asuka. This is the oldest known sculpture of Prince Siddhartha Gautama as the Supreme Buddha in Japan with an exact known date of manufacture, 609 A.C. The sculpture was made by Kuratsukuri-no-Tori, son of a Korean immigrant. It was in the year of 623 BCE, according to George Moore, that a child was born in the mountains of Northern India that was named, “Sacae- Muni”, meaning the “Great Hermit”. This was a bright child with mental, moral, and spiritual characteristics far in advance of his local peers. He was soon known to them as Buddha. In reality he was not spiritually theirs, but a “Hidden One” or and “Elect One” of the Lost Israelites in Exile. Among the peoples of India, Buddha soon won their confidence for his teachings were from ascendant level of spiritual and moral supremacy. For the next forty years, Buddha taught a spiritual life that was based upon the principles of the Sinai Decalogue. He taught pure monotheism in what would eventually be known as Buddhism. He taught that the Supreme Spiritual Ruler of the Universe was One and that “the future coming of the Lord of the world, who, destroying the serpent, should bring peace, and who should spring from the Sakyan race” of the House of Isaac. Here he was linking Buddha’s expectations with the Hebrew’s expectation, “In Isaac shall thy seed be called!” (Ingersoll on Moore in, “Lost Israel found in the Anglo-Saxon Tribe, Chapter 5”) The Ashokan Pillar called the “Topez of the Sanchi” Frederick Haberman confirms the relationship of the Sakyas who as the Sakyas of northern India were the originators of Buddhism. He wrote of a 4th century BCE rock carving, called the “Topez of the Sanchi” near the city of Bhopal, India about the time the Israelite Sanchi (House of Isaac) were invading into the Indian continent. He describes this stone carving as follows: Frederick Haberman – “Not only is the name of Saki but also the picture itself is of great interest to us. Below we see a Lion and a Unicorn, which are the emblems of the whole house of Israel, the Lion of Judah and the Unicorn, the calf or Engle (Ephraim) of the separated kingdom of Northern Israel. Both figures are still on the British Coat of Arms. In the center we see the shield of Britannia or the Brits or Covenant race, together with two tridents, the same as that held by Britannia…On one side hangs a double flag with the crosses of St. Andrew and on the other a starry banner. Of all the ancient stone carvings this is the most striking and of the greatest importance to us, for in it we can see that the original pattern for the Union Jack and the Star Spangled Banner was in the minds of our ancestors twenty three centuries ago and probably before that, not only in Europe but in distant Asia.” (Lawrence Graeme Allan Robert, British History Traced from Egypt and Palestine, 1927, Chapter VI cited by Frederick Haberman, Tracing our Ancestors, pg. 126) Ancient Pattern for the Union Jack and the Star Spangled Banner – The Topez of the Sanchi from a Rock Carving near Bhopan in India - 4th cent.) – Roberts, “British History Traced.” ch. Xi, Cited in Haberman, “Tracing our Ancestors, Face Sheet) As the Sacae-Suni (sons of Isaac), centuries later were called the Saxons in Europe, they moved to the East and their religious and spiritual influence was felt all the way to the land of the dragon power of China. There rose, during these years, a new spiritual reformer called Confucius who lived almost contemporaneous with Buddha (Sacae-Muni) around the year of 584 BCE. Confucius started a spiritual revolution in China of a purer religion that challenged and changed the corruption, vice, and immorality of the ancient Chinese social way of life. The Royal British Coat of Arms As George Moore wrote, "Confucius reformed the standards of morality when he taught the Chinese “to treat others according to the treatment which they themselves would desire at their hands, to guard their secret thoughts; that true renown consists in straightforward and honest sincerity, in the love of justice, in the knowledge of mankind, and in humility.” (George Moore, “The Lost Tribes and the Saxons of the East and the West, with new views of Buddhism and Translations of Rock Recorded in India”, cited by Ingersol, “Lost Israel found in the Anglo-Saxon Tribe, Chapter 5”) Confucius’ teachings, in a world of paganism appeared to be lifted straight out of the Torah, for “he advocated the ‘law of retaliation’ so prominent in the Mosaic code; and he is called at the present day “the most holy teacher of ancient times.”(Ibid) With the life of Confucius and his descendants and the heir succession in the Chinese culture, Moore wrote: George Moore – “Though only a single descendant survived Confucius, the succession has continued through sixty-seven or sixty eight generations (in 1861) to the present day in the very district where their great ancestor was born. Various honors and privileges have always distinguished the family.” (George Moore, “The Lost Tribes and the Saxons of the East and the West, with new views of Buddhism and Translations of Rock Recorded in India”, 1861, cited by the Oxonian author, John Heywood, ‘Israel’s Wanderings” pg 61-62, and then cited by Ingersol, “Lost Israel found in the Anglo-Saxon Tribe, Chapter 5”) The Land of the Shakya Israelites in Nepal at the Foothills of the Himalaya Mountains Today, most scholars are honing into the life and times of the Prince heir, Siddhartha Gautama. We now know and accept that he was the son of the elected chief of the Shakya clan called King Śuddhodana. As we have now seen and will bolster the evidence later, the Shakya tribal clan were later known by the Persian Shah Darius as the Sacae transliterated as the “sons of Isaac”. So they were part of the Lost Ten Tribes of the House of Israel that had settled in the region below Himalaya Mountains in India. This region was later separated by the British Empire, during the Indian Independence in 1951. The two kingdoms split, the “India of the West” called Pakistan inhabited predominately by the Muslims peoples of the Islamic faith, and the “India of the East” called India that was inhabited predominately by the various Hindu castes of the Hindu religious people, and the Buddhist which now appear to have been in large part the Lost Sheep of the House of Israel now living in Tibet, Nepal, and over into Laos, Cambodia and Viet Nam. The Shakya infancy portrayal of Queen Maya giving birth to Gautama Buddha under the Bodhi Tree at Lumbini The mother of the Buddha called Prince Siddhartha Gautama was Queen Maha Maya (Māyādevī) a Koliyan princess whose people centuries later as the Kolis of Gujarat mixed with the Rajputs in what was called hypergamous marriages to elevate themselves from a lower social class to a higher social status in the Hindu caste system. In the ancient days, before the modern era of the British Rajs (Rajputs), the Israelite Koliyan’s sided with the Rajputs, who had now become a martial warrior cult which later the British imperial occupiers used enforce land reform that ended in taking possession of the Lost Israelite’s land of the Koliyan peoples. Siddhartha Gautama was born as a Kshatriya, the son of King Śuddhodana, “an elected chief of the Israelite Shakya (son of Isaac’s) clan”,whose capital was Kapilavastu. Their family were part of the Kshatriya recognized as the holder of Kshatra, or the rule and authority. The Kshatriya were one of the four varnas or social orders in the Hindu caste ruling system. According to the Sanskrit, the Kshatriya were part of the elite of the ancient Vedic social culture when its members organized themselves into three classifications: the Brahmin, the Kshatriya, and the Vaishya. Over the centuries the Kshatriya represented the ruling and the military elite, while they were in charge of protecting the social culture by fighting in war and governing in times of peace. As such the Israelite Shakya were truly a part of the ancient ruling elite of the Hindu ancient past in India. When they lost their august and once-equal standing with the Rajputs the Koliyans also lost their small princedoms in the Patidar community. Today, they are agricultural laborers called tenant cultivators and once again subservient to the higher classes within the greater Indian communities. Yet even they will be eventually known as one of the Lost Ten Tribes of the House of Israel, when according to the rabbanim of Israel, the Prophet Elijah returns before the era of the messiah begins and will give each one authentication of his own tribal identity. Prince Siddhartha eventually married his own cousin, Princess Yasodharā, a member of his own Israelite tribe, according to the ancient Torah commandments from the mount called Sinai, for Princess Yasodharā was the daughter of Suppabuddha, the sister to King Śuddhodana. King Śuddhodana’s consorts were Queen Maya and Princess Mahapajapati Gotami, the later Buddha Mundi’s mother and stepmother. King Śuddhodana also had two other children, Princess Sundari Nanda and Prince Nanda, sister and brother of the later Buddha Mundi. As such they remained a part of the Sakyan tribe that later in part moved on into Northern Europe called Gaul. In the largely unpopulated forested region of Northern Gaul, they were known as the Saxons in Germany. With their merger with the Engel or the Angle tribes (Engel, the Hebrew for heifer that was the tribal banner of the tribe of Ephraim) they later invaded and conquered the eastern portion of the British Isles in the 4th century CE as the Anglo-Saxons. Dhâmek Stûpa in Sârnâth, India, site of the first teaching of the Buddha in which he taught the Four Noble Truths to his first five disciples With the present UNESCO archeological digs at the Maya Devi Temple just completed at Lumbini, most scholars still accept that the royal palace was located in Kapilavastu, the capital of King Śuddhodanain present-day Nepal. This capital and palaces were later annexed by the growing Kingdom of Kosala during They were later annexed by the growing Kingdom of Kosala during the Buddha's lifetime. Gautama was the family name and as we shall see later, Gautama represented the Israelite Tribe of Gad. To see how tight the genealogies of the Lost Ten Tribes of the House of Israel had become enmeshed, the mother of the young Sakyan prince, Queen Maha Maya (Māyādevī) was the wife of King Suddhodana. The Land of the Lost Israelite Sakyas at the Foothills of Nepal at Kathmandu looking towards the Himalaya Mountains At the same time, according to Sanskrit traditions, Prince Suprabuddha, and the Lost Israelite in the Pali traditions, Prince Suppabuddha was the son of Añjana and his sister, Yasodhara, a Koliyan prince. Prince Suppabuddha had two children, Bhaddakaccānā, who became the wife of Prince Siddhartha Gautama whom we know today as Yasodharā) and the second daughter, Devadatta, was from Prince Suppabuddha’s wife Amitā. Prince Suppabuddha also had two sisters, Princess Māyāand Princess Pajāpatī and a brother, Prince Dandapāni. As the mother of Buddha was Maya, that made Prince Suppabuddha the uncle of the Buddha Mundi called Prince Siddhartha, and as his daughter, Princess Yasodharā was the wife of Prince Siddhartha and as such Prince Suppabuddha became also the father-in-law to the Buddha Mundi. The Buddhist Monk praying at the Bodhi Tree where Prince Siddhartha was born According to the “oral traditions of the Lost Ten Tribes of Israel” on the of the evening in which Prince Siddhartha was conceived, his mother, Queen Maya had a dream that a white elephant that had six white tusks entered into the right side of her body. Ten months later Prince Siddhartha was born. According to the Shakya Israelite traditions, ten months later, just before the expected birth, Queen Maya left the royal Palace at Kapilavastu to go the palace of her father to give birth to her son. Yet, he came prematurely and was born in Lumbini in a garden area beneath a sal tree identified as the Shorea robusta, while her hand was holding the Sal Tree. According to the local traditions at Lumbini, it was in the year of 563 BCE (today accepted by UNESCO as 623 BCE) that the Buddha was born when his mother was traveling from one state to another. She passed by a pond that was surrounded by flowering sal trees. She first bathed in the cool water, and shortly after that went into premature labor and had only enough time to walk 25 steps to grab a branch of the sal tree for support when Prince Siddhartha, the future Buddha Mundi was born. Today the pond and the huge sal tree (Bodhi Tree) are still there by the Maya Devi Stupa where it was when the infant Israelite Buddha was born. The Glorious Blooms on the Sal Tree like where the Buddha Mundi was Born Today the birth date of Buddha is celebrated as a holiday called “Buddha Poornima” in India on a day of a full moon. Just after his birth, within the first seven days, Queen Maya, his mother died. On the eight day, the famous seer Asitar, came down from his mountain abode and with the child in hand, announced that he would become either a great king (chakravartin) or a renowned holy man. Earlier on the fifth day, King Śuddhodana called a naming ceremony for his new son. Eight Brahmin scholars were invited to read the future of the new heir prince. All eight of them gave the prediction that this babe would either be a great king or a great holy man (sadhu). It was the youngest, Kaundinya (Pali: Kondañña), who unequivocally predicted that Siddhartha would become a Buddha and then went on to become the first arahantother than the Buddha. With the death of his mother, Queen Maya, Prince Siddhartha was raised by his aunt, Queen Mawa’s sister, Princess Maha Pajapati in one of the three seasonal palaces built for the prince. At the orders of the king, his son was to be shielded from religious teachings and the evidence of human suffering. For the next 13 years, after his 16th birthday, Prince Siddhartha married his cousin, Princess Yasodharā, who together had son, named Rāhula. But material wealth was not to be the supreme calling of this young Lost Israelite prince. The Head of the Buddha from Hadda, Central Asia, Gandhara art, Victoria and Albert Museum (London) At the age of 29, Siddhartha left the palace, left his wife, son, family and gave up rights to the throne of the Sakyas to become an ascetic. Interestingly the Buddha Mundi would later become the model for the Roman Catholic Church as they reinvented the life of the Jewish Orthodox Prince of David, known as the Nazarene who was an active family oriented orthodox rabbi and transformed him into a reclusive celibate to become the “christ” of the future monastic Roman Christianity and later modern Protestantism. As an ascetic, Prince Siddhartha, the future Buddha Mundi went on to shave his head. He had left the life of royalty and in a life of denial he hoped to find the religious pathway to end the suffering of disease and death. By overcoming ageing, sickness and death, it was his highest aim to accomplish this by an ascetic life of depravation as a medicant. He did receive high levels of spiritual enlightenment, but soon it became evident that this was not the pathway to relieve the suffering of all mankind. Buddha Mundi then went on to become a student of yoga, and succeeded to be even better than his own masters, so then he went on to try self-mortification with the austere life of deprivation of worldly goods, food, and including self-mutilation of his own body. Living on only a leaf or a nut a day, he one day collapsed in the river and almost drowned. It was then that he began to reconsider his ways. The Bodhgaya temple, where Siddhartha gained enlightenment. Extreme asceticism did not work, and by it Gautama discovered that the meditative jhana was to him the balance, a pathway of moderation called the Middle Way from the extremes of self- indulgence on one hand and self-mortification on the other. It took a young village girl to give and offer him in his weakened condition some milk and rice pudding, thinking that he was a “spirit” that had just granted her a wish. This would become the noble Eightfold Path as the now acclaimed Supreme Buddha discussed in his first discourse titled the Dhammaacakkappavattana Sutta. New Year’s Day morning at the Thai monastery in Bodhgaya, India Now, with his enlightenment, Gautama began to sit under the famous pipal tree now renowned as the Bodhi Tree in Godh Gaya in India when his final pathway of enlightenment was achieved. At the age of 35, and after 49 days of meditation, Prince Siddhartha became the ‘Awakened One” and the “Enlightened One.” He was not yet prepared to present to his people the “Four Noble Truths” which are still at the heart of modern Buddhism. These “Four Noble Truths” realized in the search for enlightenment by Israelite Sakya Prince Siddhartha, the future Supreme Buddha, can also be realized in our lives, for most people internally realize that the external world around us is crumbling. Our future expectations of the “world to come” have not fully been realized. This can also give us “enlightenment” as we become part of the final remnant the “endures until the end and then shall be saved”. The Lost Israelite in the person of the Awakened one gave to the Lost Ten Tribes of Israel a new term for physical and spiritual understanding: dukkha meaning human suffering, anxiety, and being unsatisfied, or unfulfilled with our personal state of being. Let us look at the four fundamentals of the “Four Noble Truths”: The truth of dukkha that is human suffering, anxiety, and unsatisfactoriness. The truth of the origins of dukkha in one’s personal state of being comes from within us. The truth of the cessation of dukkha becomes the personal truth of how we can resolve or move beyond our human suffering, personal anxiety or being inherently unsatisfied with the life or “soul” given to us by our Creator. This will be critical for in the transition zone between the dissolution of our occidental modern world of power, greed and control. We will still be caught in a “transition zone” of the past that is rapidly disappearing and the future era of Messianic enlightenment that has not been fully realized. So, in our own personal future, and our own personal state of being, we discover that we cannot move beyond our now, but must resolve ourselves to accept the life that has now been given to us. The truth of the path leading to the cessation of dukkha is that if the future pathway of our lives leads us as the Psalmist states, “though I walk through the valley of the shadow of death, I will fear no evil for Thou are with me”, we will be able to rise above the challenges, absolve our expectations, and become transparent in our souls. There is a Divine that is more powerful than the evil forces that surround our lives of the present. Therefore the Divine Light can flow through our lives as we are being transformed in order to elevate the souls of others that are in contact with our lives today. In essence, the first truths of the Supreme Buddha are four in number that deal with the human state of life that uses such terms as “anxiety, stress, frustration, unease, unsatisfactoriness” but then the “Four Noble Truths” were given in order to deal with the deeper concepts of human suffering that include such ideas as “imperfection, pain, impermanence, disharmony, discomfort, irritation, or the awareness of incompleteness and insufficiency.” Today the western Occidental mindset of the Lost Ten Tribes of the House of Israel see their world through the social-cultural prism of Western European idealism. The concepts of the eastern Oriental concepts of life are foreign to our minds. That which stands in opposition to Western Occidental rationalism and pragmatism is the Oriental philosophy that does not ignore but includes a philosophy of pessimism. It does not forget that in its sublime essence it is realism and a practical assessment of human life back then and even more so today. The self-adulation of modern Westerners that we will overcome has its limitations in real life. We have been given certain social standards of excellence and a social cultural reality that are not compatible with the nature of human sin. Also we have failed in our comprehension of the fact that “as babes we arrived in this world, and as babes most of us will leave this world.” In essence, what is seen in Buddhism is neither pessimism nor optimism but realism of the human state of life. It neither considers a messiah or a Divine that will help us and lead us through times of chaos into the future called in Judaism as the “World to Come.” At that time the “children of Isaac” (Sacai or Sakya) are destined not to continue living in the Oriental World of Eastern Buddhism and neither are they expected to continue living in the Occidental World of Western Christianity. When they have experienced the “Time of Jacob’s Tribulation” they will become immersed in the synthesis of the Oriental and the Occidental spiritual mindsets of Orthodox Judaism, the repository of the true synthesis of One G-d of Israel. Only by absolving ourselves of our independence, our arrogance, our “can-do” personality, only then can we claim absolute reliance on the Divine. This is what the Nazarene himself had to do, for he also was human and not the One G-d of Israel, as he himself admitted over and over in his personal testimony of the Gospel of John. Only then can we begin to comprehend that restoration and redemption of the Lost Ten Tribes of the House of Israel go beyond our Western oriented world mindset of “we will overcome.” Yet it appears that there are separate pathways towards the future redemption of the “Lost Sheep of the House of Israel” as multiple tribes will be returning along multiple pathways as we are restored back into oneness with our tribal brothers and sisters the Jews and the Jewess of the House of Judah. At the time of the “awakening” of Prince Siddhartha as the Supreme Buddha, his quest was to understand the cause of human suffering and then to comprehend those steps that it would take to eliminate human suffering. This became known as the “Four Noble Truths”. Yet it took the focus, concentration and mastery of these “truths” where one could reach the supreme state of liberation known as Nirvana. Here was the moment of time when the body has perfect peace in the mind where one is free from the afflictive states of Ignorance, greed and hatred. These were called “defilements” or kilesas. The State of Perfect Peace called Nirvana was the final accomplishment, according to the Buddha Mundi, as one now enters the “end of the world”, where within the boundaries of the mind one gives up all personal identity. And so, the state of Nirvana it appears to be akin to the deeper levels of Jewish understanding of the Kabbalah that states that when the “Age of the Messiah” arrives, humankind will enter the “Great Shabbat.” The Supreme Buddha described this state of being to his five disciples and his larger discipleship much like in the esteemed Orthodox Rabbinic sages do in the Jewish yeshivas throughout the ages and in Israel today. This is where the Jewish student disciples also in moments of meditative states watch with great focus and intent upon their Tzaddik, or rabbinic mentor focusing on a passage of the Torah in the TaNaKh while they watch and pray waiting his message of enlightenment. The Ashokan Pillar in Lumbini, Nepal What has been forgotten by both the Jews and Christians is that while most of the Lost Tribes of the House of Israel ended up in Europe and the United States, a large remnant remained in India and the Near East. As such, we all share in the ultimate destiny of the Lost Tribes of Israel, as prophesied by her prophets. They too must someday come into an oneness with the Jews of the House of Judah, together as “two peas in a pod” or as the Prophet Ezekiel wrote, “Two Sticks in One Rod”: Ezekiel 37:19-20 - “Thus says the Lord God: ‘surely I will take the stick of Joseph, which is in the hand of Ephraim, and the tribes of Israel, his companions; and I will join them, with the stick of Judah and make them one stick, and they will be in My hand…I will make a covenant of peace with them, and it shall be an everlasting covenant with them.’” Today, the sages of Judaism and the many of the scholars of Christianity accept that the Lost Tribes of Israel did spread all around the world, from the region of the Caspian See to China in the east, and to Europe and the Americas in California to the west. They are hidden by the One G-d of Israel, but soon shall be revealed. One of the premises of this revelation that must put fear in all the satanic forces of evil today, is the sacred law of retaliation or retributive justice. First spoken in the Pentateuch (first five Books of Moses), as we read: Exodus 21:23 – “If any harm follows, then you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.” The 7th Century BCE: Scythian Lost Israelite “Deer in Gold” Yet the Jewish rabbi called “The Nazarene” stated to his disciples: Matthew 5:38 – “You have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’ But I tell you not to resist an evil person. But whoever slaps you on your right cheek, turn the other to him also.” What this famous rabbi was trying to teach was the fact that, if you practice retributive justice literally on an individual basis, you are seeking to take the providence of G-d and leave it in your hands for revenge. As a Hasid, or one who kept the Laws of Torah, “beyond the letter of the law”, the Nazarene spoke of a standard of righteousness that was above and beyond the “letter of the law”. He understood that treating an evil act with another retributive evil act would become an ongoing cycle for eternity, one Jew for one Palestinian, one Jewish politician for one Palestinian politician, and the cycle goes on. First we must look within our own hearts and remember that a vengeance based retaliation of “Lex Talionis” breeds a potentially endless cycle of violence, for it was Mahatma Gandhi who remarked” Mahatma Gandhi – “An eye for an eye will make the whole world blind.” What the G-d of Israel wants are spiritually minded, Torah (Laws of God) observing followers that will be “safe to safe” in the “world to come” for the Almighty to redeem and restore. It is hard not to take sides in such an issue, but the G-d of Divine Justice is rooting out evil within Christians, Jews, Islam, Buddhism, Zoroastrianism and Confucianism alike, for within these lands most of the Lost Tribes of the House of Israel resided. They infected the “lands of their dwelling” with the concepts, however corrupted, of the Almighty One of Israel. The One G-d of Israel will even take the forces of evil, confound their conspiring plans to destroy Israel, such as the Gog-Magog War, and turn their plans against themselves. Is this Green –Eyed Girl from Nepal a Lost 10-Israelite? So today, this green eyed young lady from Nepal is depicting her genetic diversity which is no doubt from bloodlines to the Lost Ten Tribes of the House of Israel. This is not a racial issue but a “covenanted” issue for the G-d of Israel promised upon honoring His Holy Name that the House of Israel will be redeemed, not just in America, the European nations in Northern Gaul, and the colonies of the British Empire, but they also must include the Islamic Pashtun Tribal peoples in Eastern Afghanistan and Western Pakistan plus the tribes of the Sache and Gad, which also included those that migrated as Buddhists all the way to China, the Koreas, and Japan. It was a strange occurrence as this article was being prepared for publication, a Golden Urn that purportedly carried the Relics of the Lost Israelite Prince Siddhartha called the Supreme Buddha was recovered by the Cambodia National Police. This golden urn had been stolen in December, 2013 but after a nationwide manhunt for Cambodia’s national treasure, it was recovered by the Cambodian National Police in February, 2013. According to history, after the death of the Lost Israelite the Buddha Mundi, his cremation relics were divided between eight royal families and Buddha’s disciples. It would be over three centuries later that the Indian Emperor Ashoka later enshrined these relics into 84,000 stupas. Over the centuries numerous supernatural legends would rise, like the relics of the disciples of the Nazarene and many of tombs of the Sages of Judah, where pilgrimages are made to the last resting place of their illustrious lives. This certain golden urn was stolen from a mountainous shrine in the former royal city of Udona in Cambodia. Within the urn were supposedly the hair, teeth and bones of the Supreme Buddha. According to the police all the relics were still in place. It would be of scientific and religious interest for researchers to be able to take a DNA samples of these relics and see if they match with the DNA data archives of the national populations of the nations where the Lost Ten Tribes of the House of Israel are currently living in the Northern Countries of Europe plus the colonies of the 19th century British Empire. When we consider carefully the implication of the genetic roots of the “Enlightened One” called the Supreme Buddha, how can we doubt that the G-d of Israel has been carefully watching over his “chosen ones” throughout the centuries? The Golden Urn reputed to carry the Relics of Buddha, the Lost Israelite Prince Siddhartha So the same G-d of Israel gave to the peoples of the Near East in Afghanistan, Pakistan and India a Divine promise for their redemption. Though many of them feel that they are unredeemable and lost forever, the prophetic promises of HaShem, the G-d of Israel is still the same. Yet it appears that the Divine One gave to the Lost Israelites in the Islamic lands of Afghanistan and Pakistan, plus also the Hindu land of India that a “chosen one” of their own peoples, a “Lost Israelite”, would literally become a “messiah” for their ultimate redemption. Was Prince Siddhartha Gautama, known as the Illustrious Sache, sent by the G-d of Israel to become their Supreme Buddha and offer them a pathway of restoration, though corrupted, like He sent the Nazarene to later become a messiah to the Christians living in the lands of west? Was it they, who laid the foundation for the redemption of those peoples to someday be restored as one family, Klal Yisrael, in the “world to come” as the Divine One of Israel uncloaks and no longer remains hidden, as He comes to redeem His Chosen People? The 1985 National Geographic’s Most Famous Photo: Sharbat Gula; the Green-Eyed Afghani of the Beni-Israel Does it mean that the modern Buddhists today will suddenly convert to Judaism? No doubt all of them will when a divine reality occurs to each one of them that they are the Lost Ten Tribes of the House of Israel. Yet, that reality will not come because of their genetics and genealogies but because the G-d of Israel will begin to uncloak Himself and remove His hiddenness so that the numbed down senses of the Lost Ten Tribes will perceive that He is not far away, but near. He is wooing each of us as in whistling; it’s time to come home to the brotherhood of Klal Yisrael (All 12-Tribed Israel). It does suggest that they will come and that they will convert in the Age of Messianic Enlightenment to Messianic Judaism in part because they were given “a messiah” that was a Jewish priest in the Temple of Solomon, whose followers or disciples would be called “The Budii.” And it appears that it was so, for by the Divine purpose of the Creator of the Universe, this Jewish “messiah” and one who would follow afterwards called the Sakya Muni and later the Buddha Muni would illuminate their pathway so that at the end of times his memory will be resurrected and will prepare the Lost Ten Tribes of the House of Israel absorbed in Buddhism today to wait also for “The Messiah” called the Maschiach ben Dovid (Messiah son of David)? When we consider carefully the implications of the ancestral genetic roots of the “Enlightened One” called the Supreme Buddha, we are humbled over how the G-d of Israel is carefully watching over his “chosen ones” even so today. Is there any difference in the G-d of Israel watching over his errant and brazen faced children than a Mother Hen watching over her baby chicks? Even though the Lost Ten Tribes of the House of Israel were over the ages desecrating and abominating the Holy Name of HaShem, the G-d of Israel, this same G-d promised that he will redeem the Lost Ten Tribes in that day when the Messianic Era of Enlightenment begins. According to the Prophecy of Rabbi Judah ben Samuel, that day will begin in the Jewish Jubilee year of 5777 (5000 years as the era of Man and 777 the number of G-d) beginning on Rosh Hashanah 2016. The same G-d of Israel also gave to the Buddhist peoples of the Near East in Afghanistan, Pakistan and India the promise that they too will be redeemed. As the prophets warned so eloquently 2,700 years ago, they will live a life of sackcloth and ashes, and their lives will be spent with their heads shaved and bald as they mourn lamentations for their destiny, as many of them feel that they are unredeemable and lost forever. Even so, the Divine One gave to the Lost Israelites in the Islamic lands of Afghanistan and Pakistan, plus also the Hindu lands of India and the Buddhist lands of Pakistan, Nepal, Tibet, Viet Nam, Cambodia, Thailand and further on into Japan that a “chosen one of the Israelites”, Prince Siddhartha Gautama, who was known as the Illustrious Sakha was sent by the G-d of Israel for one purpose to become the Supreme Buddha. It was he, as a Sakya (“son of Isaac”) was elected to carry on the messianic mission to prepare the Lost Ten Tribes still trapped in a world of lamentations and grief, but even so, the foundation for their redemption in the “world to come” was already being prepared by the Holy One of Israel. The Lost Ten Tribed Israelites were the First Primitive Buddhists Part One- “The Oldest Buddhist shrine holds clues to the Buddha Sakya Mundi; a Lost Israelite Prince's Birth Place” Part Two - “How the G-d of Israel enlightened the Sakya Prince Siddhartha so that the Lost Ten Tribes could have a Messiah in Buddhism” Part Three – “Buzi the Jewish Cohen in Solomon’s Temple was the First “Buddha Mundi” Part Four – “The Rise of G-d’s “Battle Axe”; the Formidable Military Forces of the Lost Ten Tribes of Israel” Part Five- “The Messianic Gift of the Prince Siddhartha to the Lost Ten Tribes of the House of Israel” Part Six – “Lost Israelite’s Final Apostasy in Buddhism in a Land of Mourning and Lamentations” The G-d of Israel proclaimed that there are only two groups of people who will be restored back into covenant with Him, the Jews of the House of Israel and the Lost Ten Tribes of the House of Israel. Both families, the Jews and the Israelites were scattered across the face of the earth and would become HaShem emissaries incognito sent to elevate the 70 nations of the world, so that even Righteous Gentiles could become part of the covenant. Even the children of Ishmael still rooted in Islam, the children of the Lost Ten Tribes who today are now Buddhist, or the Lost Ten Tribes who today call themselves Christians will be assimilated into the Jewish culture. This will be because deep in their hearts they are known by the Divine to be “safe to save” and willing to live in peace with their brothers; all descendants of the Patriarchs Abraham, Isaac and Jacob. Only the G-d of Israel knows who they are. We are quickly being polarizing a world in which there will be only two choices; we are either for the Hebrew Israelites; both now part of the Jews of the house of Judah and the Lost Israelites of the House of Israel or we will be against them. This comes to one sobering conclusion, if you are a descendant of the Lost Ten Tribes of the House of Israel, whether Muslim, Buddhist or Christian, and you still despise your brothers, the Jews, you may be left outside, not redeemed to participate in the coming “Era of the Messiah” even though you think you want to be a part of them. So today, the G-d of Israel is whistling for you to come back home to the brotherhood of Klal Yisra’el (All Israel). To learn more about this redemptive process, you are Welcome to Contact “Kol Ha Tor”, the Voice of the Turtledove. Here is a joint Orthodox Jewish and 10-Triber Vision to bring awareness of the imminent fulfillment of the Biblical Prophecies regarding the Redemption of all Israel (12 Tribes Re-conciled and Re-United). This super Event of all Times will entail establishing in the region of Shomron (the Ancient Bible Heartland of the Patriarchs) and the Judean Wilderness into a new homeland for the Return of the Lost Ten Tribes of Israel when All Israel will finally be redeemed. For inquiries about Kol Ha Tor Vision for the Lost Tribes of Israel, Visit – “Shomron Lives!”, a Spiritual Retreat and Guest House in Samaria, that hosts Shomron (Samaria) Tours to reacquaint the Returning Lost Tribers of the House of Israel to their chosen destiny. The Apostate Lost Israelite's influence on Roman Christian Historical Postscripts of Historical Dating of Time The Oldest Buddhist shrine holds clues to the Buddha Sakya Mundi; a Lost Israelite Prince's Birth Place Foundations of Buddhism - some notes The BUDDHA Birthday is here......Happy Flower Festival! Famous Pilgrim Shrines for Buddhists in India In World History - On the Gautama Buddha Ancient Statue Reveals Prince Who Would Become Buddha Posted at 06:57 AM in Aliyah, Returning to the Land of Israel, Apocalypse Daniel, Zechariah and Revelation, Archeology of the Lost Tribes of Israel, Buddhism and the Lost Ten Israelites, Coming of the Messiah, Famous Lost Israelites and Jews, Genealogy and Genetics of Jews and Israelites, History of the Jews, History of the Lost Tribes of Israel, Meditation, Messiah Millennial State of Israel, Messianic Israel, Mystical Judaism and the Zohar, Redemption of Israel, Return of the Lost Tribes of Israel, Spiritual Quest at the Time of the End, Time of the End \| Permalink	cc/2019-30/en_head_0031.json.gz/line721
__label__cc	0.613203	0.386797	Twilight: Eclipse: Why should anyone get married? August 15, 2015 by Ethos Team Leave a comment Awareness of how Christian marriage ceremonies reflect Christian belief and teaching about marriage. Understanding of different Christian views on divorce and remarriage. Consideration of why some marriages succeed and others fail. Reflect on the pros and cons of marriage as an institution. Evaluate different attitudes towards marriage represented in a film clip. Analyse Bible passages to discover Christian teaching on the subjects of marriage and singleness. Analyse the perspectives of different Christian traditions towards divorce. Analyse a Christian wedding service to determine how Christian beliefs about marriage are demonstrated in liturgy. Synthesise learning by writing a number of recipes for a successful marriage. Divide the students into two teams. Tell one half of the class that they are to make the case in favour of marriage (as an institution, not necessarily the case for them to get married right now!) and the other half that they are making the case against marriage. Alternate between the teams, building up an evenly matched list of pros and cons. Keep this going until one team begins to run out of ideas, or until you think that the lists are big enough. Explain that today’s lesson is going to be about marriage, and in particular looking at different Christian understandings of marriage and divorce. MAIN ACTIVITIES: Introduce the clip from the film Twilight: Eclipse (E1 Entertainment, 2010, certificate 12). Click here to buy the film online. Explain that Edward (Robert Pattinson) is a vampire who is in love with Bella (Kristin Stewart), a human. She wants him to change her into a vampire so that they can be together forever. He is reluctant, as he believes that he lost his soul when he became a vampire and does not want her to suffer the same fate. Explain that in this scene the couple discuss their different attitudes towards the idea of getting married. Ask the students to pay particular attention to the arguments presented on both sides of the debate. Start time: 0.02.22 (in chapter 1 of the DVD) End time: 0.05.02 Clip length: 2 minutes and 40 seconds The clip starts with Bella reciting, ‘Some say the world will end in fire…’ It ends with Bella saying, ‘I can’t – I have to be back at four,’ before kissing Edward and walking away. Ask the students to summarise Edward and Bella’s respective points of view about getting married. Write their answers on the board as the discussion continues. The end result may look something like this: Bella (against getting married) Marriage is just a piece of paper. In her culture and at her age, it’s usually a sign of unplanned pregnancy. Two-thirds of marriages end in divorce. Edward (in favour of marriage) Marriage is a way of publicly marking your love for someone. It doesn’t matter what other people think. The divorce rate between vampires and humans is significantly lower than in human marriages. How did Edward and Bella’s views compare with the lists generated by the students in the opening activity? Ask the students whether they agree more with the argument put forward by Edward or by Bella. What difference – positively or negatively – does marriage make for a couple? Divide the class into pairs or small groups and ask them to read 1 Corinthians 7:1-9 and 32-35. More able students could tackle the whole of the chapter, but may find they get unnecessarily bogged down with virgins and unbelieving husbands. Ask the students to produce a list of the case for marriage and the case for singleness according to these passages. Some possible answers: Helps to avoid immorality (v2). You can have sex (v3). Singleness: Good not to marry (v1). Can focus on serving God, rather than being distracted with worldly problems (vv32-34). Take feedback from the students, and compare their answers with the list you generated earlier. Do the students feel that this passage makes enough of a case to justify the early statement, ‘It is good for a man not to marry’? If they take sex out of the equation, do the students think that marriage or singleness looks like a better option? How do they think that the picture of marriage and singleness described here (and written approximately 2000 years ago) compares with modern attitudes towards marriage and singleness? Ask the students to read Genesis 2:19-25. Working in pairs or small groups, ask them to make a list of Christian principles about marriage that are underpinned by these verses. Marriage provides a depth of companionship that is hard to find elsewhere (verse 20). The marriage bond is a deeply intimate one (verses 23, 24, 25). Marriage is an exclusive bond that surpasses other existing family relationships (verse 24). Take feedback from the students and allow some time for discussion. You could ask the students – particularly those who were siding with Bella in the earlier activity – whether they like the picture of marriage that can be drawn from this passage. Remind the students of Bella’s comment that two-thirds of marriages end in divorce. (Actually, recent statistics in the UK show that just under 40% of marriages end in divorce, with the number of divorces in the three years prior to 2008 going down rather than up. This makes for slightly better odds than Kevin thought, but doesn’t significantly undermine his point.) Explain that attitudes towards divorce have changed considerably over recent years. Once there was a time when a divorce was considered to be a shameful thing, whereas now divorces are much more common and are accepted as a fact of life. Ask the students what they think a Christian perspective on divorce might be. Ask the students, in pairs or small groups, to look up the following Bible passages which show Jesus’ teaching on the subject of divorce. The students should summarise Jesus’ teaching, and then discuss in their small groups the extent to which the comments in the two passages agree with each other, or seem to contradict each other. Matthew 5:31-32 (parallel passage which could be used as an alternative: Luke 16:18). Matthew 19:1-12 (you might like to point out that Jesus refers here to the passage from Genesis that the class looked at earlier) (parallel passage which could be used as an alternative: Mark 10:1-12). Take feedback from the students, and draw out that while Jesus seems to recognise that sometimes marriages come to an end and divorce is necessary, he also seems to regard this as a serious matter, and something not to be entered into lightly. Ask if any of the students were surprised by Jesus’ views on divorce. You might also like to refer students to the following summary of the different positions on the subject of divorce taken by different denominations. If you have Internet access during the lesson, refer students to: www.bbc.co.uk/religion/religions/christianity/ritesrituals/divorce_1.shtml If you have Internet access during the lesson, direct the students to the text of the Church of England wedding service which is available online at: https://www.churchofengland.org/prayer-worship/worship/texts/pastoral/marriage/marriage.aspx If Internet access is not possible, you could print out the wedding service from the site in advance of the lesson and distribute copies to the students. How would having made vows like this provide someone with additional reasons for working to avoid a break up? What difference might a Christian faith make in the attitude that someone took to keeping these vows? Explain that whilst words are often considered cheap in our society, Christians believe that their words matter, especially promises made in the presence of God. SUMMARY AND ASSESSMENT OF LEARNING: Ask students to write a recipe for a successful Christian marriage. Use quantities (e.g. in grams or some other unit of measurement) to show the relative importance of different aspects of a marriage and refer to what you have learnt about Christian marriage from this lesson. You could ask them to write alternative recipes reflecting other perspectives on marriage, either secular or from other religious faiths, to help demonstrate any distinctive features of Christian perspectives on the matter. A copy of Twilight: Eclipse and the means to play it. Bibles. Internet access or print outs of wedding service liturgy. Categories: Family, RE Lessons (Years 10-11), RE Lessons (Years 7-9) \| Permalink.	cc/2019-30/en_head_0031.json.gz/line739
__label__wiki	0.908391	0.908391	15th Punjab Regiment The 15th Punjab Regiment was a regiment of the British Indian Army from 1922 to 1947. It was transferred to Pakistan Army on independence in 1947, and amalgamated with the 1st, 14th and 16th Punjab Regiments in 1956 to form the Punjab Regiment.[1] British India 1922 - 47 Pakistan 1947 - 56 Regimental Centre Scarlet; faced buff Indian Mutiny 1857-58 Second Anglo-China War 1860-62 Assam 1862-63 Bhutan War 1864-66 Lushai Expedition 1871 Second Afghan War 1878-80 Third Burma War 1885-87 Somaliland Campaign 1901-04 Chinese Revolution of 1911 First World War 1914-18 Burmese Rebellion 1931-32 Second World War 1939-45 Kashmir War 1948 The 15th Punjab Regiment was formed in 1922 by the amalgamation of the 25th, 26th, 27th, 28th and 29th Punjabis. All five battalions were raised during the upheaval of the Indian Mutiny in 1857 by John Lawrence in the Punjab. The 27th Punjabis served in China during the Second Opium War in 1860-62, while the 26th and 29th Punjabis participated in the Bhutan War of 1864-66. All battalions saw service on the North West Frontier of India and took part in the Second Afghan War of 1878-80, while the 26th and 27th Punjabis also served in the Third Anglo-Burmese War of 1885-87. In 1901, the 27th Punjabis were dispatched to British Somaliland to suppress the resistance movement led by the Somali religious leader Abdullah Hassan of the Dervish State.[1][2] First World WarEdit During the First World War, the five battalions of 15th Punjab Regiment served with distinction in all the major theatres of war. 25th Punjabis - Hong Kong, India, Mesopotamia, Salonika, Turkey. 2/25th Punjabis - Raised in 1917. India. 27th Punjabis in France. Illustration by Paul Sarrut, 1915. 26th Punjabis - Hong Kong, India, Mesopotamia, Persia. 2/26th Punjabis - Raised in 1918. India, Mesopotamia. 27th Punjabis - India, Egypt, France, Mesopotamia. 28th Punjabis - Ceylon, Mesopotamia, Egypt. 29th Punjabis - India, German East Africa, Palestine, Egypt.[2] All war-raised battalions were disbanded after the war. In 1921-22, a major reorganization was undertaken in the British Indian Army leading to the formation of large infantry groups of four to six battalions. Among these was the 15th Punjab Regiment. The line-up of battalions for the 15th Punjabis was:[2] 1st Battalion - 25th Punjabis 2nd Battalion - 26th Punjabis 3rd Battalion - 27th Punjabis 4th Battalion - 28th Punjabis 10th (Training) Battalion - 29th Punjabis 11th (Territorial) Battalion - 1st (Territorial) Battalion 25th Punjabis The class composition of the new regiment was Punjabi Muslims, Sikhs and Jats. The new regimental badge was a Muslim crescent entwined with a Sikh quoit, surrounded by a wreath and surmounted by a Tudor crown with a scroll below, which read "15th Punjab Regiment". The uniform was scarlet with buff facings. Sialkot in the Punjab was chosen as the permanent station for the Training Battalion. In 1921, Sepoy Ishar Singh of the 28th Punjabis was awarded the Victoria Cross during an action in Waziristan on the North West Frontier.[2] Second World WarEdit During the Second World War, the 15th Punjab Regiment raised ten new battalions. Most of the active battalions were engaged in fighting the Japanese in the Far East except the 3rd Battalion, which fought in Somaliland and Italy. Performance of the 4th Battalion in Burma in particular was outstanding. The battalion suffered 921 casualties and was awarded numerous gallantry awards including two Victoria Crosses to Lieutenant Karamjeet Singh Judge and Naik Gian Singh.[1] 1st Battalion - India, Burma. 2nd Battalion - India, Singapore, Sarawak, Borneo. The fighting withdrawal of the regiment is detailed, and they surrendered on 3 April 1942 to the Japanese [3] and.[4] 3rd Battalion - India, Somaliland, Aden, Persia, Iraq, Syria, Italy. Became a Machine-Gun Battalion in 1946. 4th Battalion - India, Burma, Siam, Malaya. 5th Battalion - Raised in 1940. India. Disbanded 1946. 6th Battalion - Raised in 1941. India, Ceylon, Burma. Disbanded 1947. 7th Battalion - Raised in 1941. India, Burma. Disbanded 1946. 8th Battalion - Raised in 1941 by re-designation of the 11th (Territorial) Battalion. India. Disbanded 1946. 9th Battalion - Raised in 1941 by re-designation of the 12th (Territorial) Battalion. India, Burma. Disbanded 1947. 10th (Training) Battalion - Converted into the 15th Punjab Regimental Training Centre in 1943. 11th (Territorial) Battalion - Mobilized in 1939. Re-designated as 8/15th Punjab on conversion to active status in 1941. Disbanded 1946. 12th (Territorial) Battalion - Raised in 1939. Re-designated as 9/15th Punjab on conversion to active status in 1941. 14th Battalion - Raised in 1942. India. Disbanded 1943. 15th Battalion - Raised in 1942. India. Broken up into garrison companies in 1945. 16th Battalion - Raised in 1943 by re-designation of 25th Garrison Battalion on conversion to active status. India. Re-designated as 2/15th Punjab in 1946. 25th Garrison Battalion - Raised in 1941. On conversion to active status, became the 16th Battalion. India. 26th Garrison Battalion - Raised in 1942. India. Abu Atoll. Disbanded 1946. 27th (Jind) Garrison Battalion - Raised in 1943 in Jind State. India. Disbanded 1946. Machine-Gun Battalion - Raised in 1942. Transferred to the Indian Artillery to form the 15th Punjab Anti-tank Regiment. Disbanded 1944.[1][2] Post Independence HistoryEdit On the independence of Pakistan in 1947, the 15th Punjab Regiment was allotted to Pakistan Army. At the time, the active battalions were 1st, 2nd, 3rd and 4th. Sikhs and Jats were transferred to the Indian Army and the regiment's new class composition was fixed as Punjabis and Pathans. The 2nd Battalion was reformed as a Medium Machine Gun battalion, moving to Kohat in early 1946; by the time of Partition in August 1947 all the British and non-Muslim officers had left, except for one Indian officer, the Adjutant and he left once all Indian Army personnel moved to India. The unit helped to escort the 3rd Grenadiers from Kohat to Rawalpindi, after they had been ambushed twice by Pathan tribes.[5] Other references are the books by Kaushik Roy and Frederick Llewellyn Freemantle (listed below). The regiment's badge was also modified and the Sikh quoit was replaced by an Islamic star. In 1948, the 2nd and 3rd Battalions fought in the war with India in Kashmir. In 1956, a major reorganization was undertaken in the Pakistan Army and larger infantry groups were created by amalgamating the existing infantry regiments. As a result, the 15th Punjab Regiment was amalgamated with the 1st, 14th and 16th Punjab Regiments to form one large Punjab Regiment. The four regimental centres were also merged and the combined centre moved to Mardan. The line up of the new regiment was:[1] Sepoy 26th Punjabis. Watercolour by Major AC Lovett, 1910 1 Punjab - 1/1st Punjab 5 Punjab - 1/14th Punjab 6 Punjab - 2/14th Punjab (Duke of Cambridge's Own) 10 Punjab - 2/15th Punjab 16 Punjab - 5/14th Punjab (Pathans) 17 Punjab - 4/16th Punjab (Bhopal) 18 Punjab - 7/1st Punjab 20 Punjab - 14/1st Punjab Battle HonoursEdit China 1860-62, Ali Masjid, Peiwar Kotal, Charasiah, Kabul 1879, Ahmad Khel, Kandahar 1880, Afghanistan 1878-80, Burma 1885-87, Chitral, Somaliland 1901-04, Loos, France and Flanders 1915, Suez Canal, Egypt 1915, Megiddo, Sharon, Palestine 1918, Tigris 1916, Kut al Amara 1917, Baghdad, Mesopotamia 1915-18, Persia 1918, NW Frontier, India 1917, Kilimanjaro, East Africa 1914-17, Berbera, Assab, Abyssinia 1940-41, Tug Argan, British Somaliland 1940, The Sangro, The Moro, Cassino II, Gothic Line, The Senio, Italy 1943-45, West Borneo 1941-42, South East Asia 1941-42, Rathedaung, Donbaik, Jail Hill, Naga Village, Kyaukmyaung Bridgehead, Mandalay, Fort Dufferin, Meiktila, Nyaungu Bridgehead, Capture of Meiktila, Taungtha, Myingyan, The Irrawaddy, Yenaungyaung 1945, Kama, Pyawbwe, Toungoo, Pegu 1945, Sittang 1945, Burma 1942-45.[6] ^ a b c d e Rizvi, Brig SHA. (1984). Veteran Campaigners – A History of the Punjab Regiment 1759-1981. Lahore: Wajidalis. ^ a b c d e Gaylor, John (1991). Sons of John Company: The Indian and Pakistan Armies 1903–91. Stroud: Spellmount. ^ http://www.kaiserscross.com/304501/521701.html ^ http://www.brownpundits.com/2015/08/04/the-british-indian-armys-legacy-in/ ^ Rodger, Alexander. (2003). Battle Honours of the British Empire and Commonwealth Land Forces 1662-1991. Ramsbury: The Crowood Press. Shearer, Lt Col JE. (1937). A History of the 1st Battalion, 15th Punjab Regiment, 1857-1937. Aldershot: Gale & Polden. Stoney, Lt PS. (1924). A History of the 26th Punjabis, 1857-1923. Aldershot: Gale & Polden. A Short History of the 4th Battalion 15th Punjab Regiment (28th Punjabis). Rizvi, Brig SHA. (1984). Veteran Campaigners – A History of the Punjab Regiment 1759-1981. Lahore: Wajidalis. Cardew, Lt FG. (1903). A Sketch of the Services of the Bengal Native Army to the Year 1895. Calcutta: Military Department. Gaylor, John (1991). Sons of John Company: The Indian and Pakistan Armies 1903–91. Stroud: Spellmount. ISBN 978-0-946771-98-1. Barthorp, Michael; Burn, Jeffrey (1979). Indian Infantry Regiments 1860-1914. London: Osprey. ISBN 0-85045-307-0. Sumner, Ian (2001). The Indian Army 1914-1947. London: Osprey. ISBN 1-84176-196-6. Roy, Kaushik (2012). The Army in British India: From Colonial Warfare to Total War 1857-1947. London: Bloomsbury. Freemantle, Frederick Llewellyn Major General (2000). Fred's Foibles. London and Delhi: Lancer Publishers. Catcher in the Rye by J.D Salinger Punjab Regiment Retrieved from "https://en.wikipedia.org/w/index.php?title=15th_Punjab_Regiment&oldid=900843256"	cc/2019-30/en_head_0031.json.gz/line743
__label__wiki	0.87948	0.87948	2011 Brit Awards The 2011 Brit Awards was held on Tuesday 15 February 2011.[2] It was the 31st edition of the British Phonographic Industry's annual pop music awards. The award ceremony was held at The O2 Arena in London for the first time in its history, moving from the original venue of Earls Court, also in London.[3] The ceremony was hosted by James Corden.[4][5] Leading the nominations was Tinie Tempah with four nominations. The artists with the most awards won were Tinie Tempah and Arcade Fire, with two wins each.[6][7][8] The 2011 awards were billed as a reboot of the Brit Awards format featuring a different venue, a new award statuette designed by Vivienne Westwood and a greater emphasis placed on music, particularly live performances. Whilst the re-working of the show was generally well received,[9] the TV audience was the lowest for five years,[10] with an average viewership of 4.8 million viewers peaking at 5.9 million. Comparatively, the final episode of Channel 4's Big Fat Gypsy Weddings was watched by 8.05 million viewers. last present year in International Album. 31st Brit Awards The O2 Arena Most awards Tinie Tempah and Arcade Fire (2) Most nominations Tinie Tempah (4) Television/radio coverage 4.8 million[1] PerformancesEdit Song(s) UK Singles Chart Reaction UK Albums Chart Reaction Take That "Kidz" 31 (+168) Progress – 10 (non-mover) Adele "Someone Like You" 1 (+46) 21 – 1 (non-mover) 19 – 4 (+2) Rihanna "Only Girl (In the World)" "S&M" "What's My Name" 25 (+5) 6 (+5) 20 (−1) Loud – 3 (non-mover) Mumford & Sons "Timshel" did not chart Sigh No More – 2 (+13) Plan B "She Said" "Prayin'" 72 (debut)[A] The Defamation of Strickland Banks – 7 (+17) Arcade Fire "Ready to Start" did not chart The Suburbs – 14 (+38) Eric Turner Labrinth "Written in the Stars" "Miami 2 Ibiza" "Pass Out" 40 (debut)[A] Disc-Overy – 6 (+19) David Jensen "Baby" 12 (re-entry)[A] My World 2.0 - 15 (re-entry) Terry Wogan "The Floral Dance" 24 (re-entry)[A] did not chart Paloma Faith "Forget You" 19 (+16) The Lady Killer – 11 (+7) Winners and nomineesEdit British Album of the Year (presented by Roger Daltrey) British Producer of the Year Mumford & Sons – Sigh No More Plan B – The Defamation of Strickland Banks Take That – Progress Tinie Tempah – Disc-Overy The xx – xx John Leckie Mike Pela Stuart Price British Single of the Year (presented by Alan Carr) Critics' Choice Award (presented by Mark Ronson and Ellie Goulding) Tinie Tempah – "Pass Out" Alexandra Burke featuring Pitbull – "All Night Long" Cheryl Cole – "Parachute" Florence and the Machine – "You Got the Love" Matt Cardle – "When We Collide" Olly Murs – "Please Don't Let Me Go" Plan B – "She Said" Scouting for Girls – "This Ain't a Love Song" Taio Cruz – "Dynamite" The Wanted – "All Time Low" British Male Solo Artist (presented by Dizzee Rascal) British Female Solo Artist (presented by Boy George) Rumer British Group (presented by Dermot O'Leary) British Breakthrough Act (presented by Fearne Cotton) (presented by James Corden) International Album (presented by Boris Becker) Terry Wogan Arcade Fire – The Suburbs CeeLo Green – The Lady Killer Eminem – Recovery Katy Perry – Teenage Dream Kings of Leon – Come Around Sundown International Male Solo Artist (presented by Lewis Hamilton) International Female Solo Artist (presented by Cheryl Cole) (presented by Simon Le Bon and John Taylor) International Breakthrough Act (presented by David Jensen and Avril Lavigne) Multiple nominations and awardsEdit Two-time winner Tinie Tempah as most nominations and awards Artists that received multiple nominations 4 Tinie Tempah (3) Mumford & Sons (9) Arcade Fire Artists that received multiple awards MomentsEdit Adele's performance of "Someone Like You"Edit Adele performed her song "Someone Like You" at the ceremony with only a piano accompanying her. Her emotional performance was received with a standing ovation at the O2 Arena and the video received millions of hits on YouTube within days. The performance launched "Someone Like You" 46 spots up the UK charts to number one, and in the process, made Adele the first artist in the UK since The Beatles to have two top-five singles and two top-five albums at the same time. James Corden, Justin Bieber, and Plan BEdit James Corden made jokes throughout the ceremony which drew criticism on social networking site Twitter. A targeted example was talking to acts in between awards when he came across Justin Bieber. In his trademark humour, Corden said to Bieber "You smell amazing! How old are you?". A bemused Bieber replied "thanks". Similarly, after Plan B's performance of his hit "Prayin'" finished with a man on fire, Corden described it as a really violent episode of Porridge and remarked "is Justin Bieber OK? The amount of hair products that boy uses. He could have gone up in flames." As the man on fire took to the stage during Plan B's performance, some of the crowd showed their disapproval and booed. A ^ These were released on iTunes as live performances ^ Brit awards hit by ratings slump - 16 February 2011 ^ "Arcade Fire, Mumford & Sons, The xx up for Brit Awards". NME. 13 January 2011. Retrieved 14 January 2011. ^ Topping, Alexandra (13 January 2011). "Brit awards: Tinie Tempah shines with four nominations". Guardian. London. Archived from the original on 20 January 2011. Retrieved 14 January 2011. ^ "Tinie Tempah nominated for four Brit Awards". BBC News. 13 January 2011. Archived from the original on 14 January 2011. Retrieved 14 January 2011. ^ "Tinie Tempah Reacts To BRIT Award Nominations". MTV.co.uk. 14 January 2011. Archived from the original on 17 January 2011. Retrieved 14 January 2011. ^ "Tinie Tempah wins British Single gong at Brit Awards 2011". NME.com. 15 February 2011. Retrieved 15 February 2011. ^ Topping, Alexandra (15 February 2011). "Brit awards 2011: Take That win best British group 21 years after their debut". Guardian. London. Archived from the original on 22 February 2011. Retrieved 15 February 2011. ^ "Best group Brit goes to Take That". BBC News. 15 February 2011. Archived from the original on 16 February 2011. Retrieved 15 February 2011. ^ "Brit awards: Verdict on the 'new' show". BBC News. 16 February 2011. Archived from the original on 16 February 2011. Retrieved 16 February 2011. ^ "Brit awards hit by ratings slump". BBC News. 16 February 2011. Archived from the original on 16 February 2011. Retrieved 16 February 2011. 2011 Brit Awards at Brits.co.uk Retrieved from "https://en.wikipedia.org/w/index.php?title=2011_Brit_Awards&oldid=898566960"	cc/2019-30/en_head_0031.json.gz/line744
__label__wiki	0.94083	0.94083	B. J. Novak Benjamin Joseph Manaly Novak[2] (born July 31, 1979) is an American actor, writer, comedian, and director. Novak was one of the writers and executive producers of The Office (2005–2013), in which he also played Ryan Howard. Novak at SF Sketch Fest 2008 Benjamin Joseph Manaly Novak (1979-07-31) July 31, 1979 (age 39)[1] Newton, Massachusetts, U.S. Novak was born July 31, 1979 in Newton, Massachusetts. His parents are Linda (née Manaly) and author William Novak.[3][4][5] Novak's family is Jewish. His father co-edited The Big Book of Jewish Humor, and has ghostwritten memoirs for Nancy Reagan, Lee Iacocca, Magic Johnson, and others; his parents also established a Jewish matchmaking service.[6][7] Novak has two younger brothers, Jesse, a composer, and Lev. He attended Solomon Schechter Day School of Greater Boston for elementary school and middle school.[8] He went to Camp Ramah in New England for a couple summers when he was a teenager. He attended Newton South High School with future The Office costar John Krasinski,[9] and they graduated in 1997.[9] Novak graduated from Harvard University in 2001, where he was a member of the Harvard Lampoon and the Hasty Pudding Club. He majored in English and Spanish literature, and wrote his honors thesis on the films of Shakespeare's Hamlet.[10] Aside from the Lampoon, he occasionally staged and performed in a variety show called The B.J. Show with fellow Harvard student B. J. Averell.[9] Following his graduation from Harvard, he moved to Los Angeles, California and began working in clubs as a comedian. His first live stand-up performance took place at the Hollywood Youth Hostel on October 10, 2001.[citation needed] He was named one of Variety's "Ten Comedians To Watch" in 2003.[11] Novak was a writer for the short-lived The WB sitcom Raising Dad.[9] He performed on Comedy Central's Premium Blend and on Late Night with Conan O'Brien.[10][11] Novak's television acting career began on MTV's Punk'd.[9] He was the lead accomplice to Ashton Kutcher on the show's second season in 2003, playing pranks on Hilary Duff, Rachael Leigh Cook, Usher, and Mýa.[citation needed] Novak in June 2007 The OfficeEdit This section needs expansion. You can help by adding to it. (January 2017) After hearing Novak's opening joke at a comedy club, executive producer Greg Daniels decided he "wanted to do something with him";[9] Novak was subsequently cast as Ryan Howard. Novak was not only a cast member on the show but a producer and writer. He along with Mindy Kaling, Greg Daniels, Michael Schur, and Paul Lieberstein were the original writers for the show. He is credited with writing fifteen episodes during the show's duration including the Writer's Guild of America nominated episodes "Diversity Day" and "Local Ad". On July 21, 2010, news reports indicated Novak had signed a contract to remain with the show for its seventh and eighth seasons; under the new terms, he would be made an executive producer midway through Season 7 and direct two episodes of the show. In a June 2009 interview with The Philadelphia Inquirer, Novak spoke about sharing the success of The Office with his Newton South High School classmate John Krasinski:[12] "Sometimes when this feels too good to be true, I think that if this were all a dream, that would be what should have tipped me off. I'd wake up saying, "I was in this incredible TV show and it was a big hit and the star was John [Krasinski] from high school. Isn't that weird?" Post The Office careerEdit Novak has appeared in the films Unaccompanied Minors, Reign Over Me, The Internship, Knocked Up, The Smurfs, and The Amazing Spider-Man 2. He has had supporting roles in Quentin Tarantino's Inglourious Basterds (2009), John Lee Hancock's Saving Mr. Banks (2013), and The Founder (2016). He has starred in episodes of The Mindy Project, The Newsroom, Community, and Crazy Ex-Girlfriend.[10] Novak in September 2013 Book dealEdit On April 11, 2013, publishing house Alfred A. Knopf announced it had signed a seven-figure, two-book deal with Novak, with the first book slated to be a fictional collection of Woody Allen-like stories.[13] On February 4, 2014 a book of 22 stories, One More Thing: Stories and Other Stories, was published and spent 6 weeks on the NYT Hardcover Fiction Bestsellers List.[14] Novak also signed a deal with Penguin's children's books label and wrote The Book With No Pictures, which was released in September 2014 and has spent four full years on the New York Times Picture Books list, with 34 weeks charting as the #1 seller in the United States.[15] In May 2015, it was announced that Novak and Mindy Kaling had signed a book deal worth a reported $7.5 million to write about their long friendship and former relationship, though Kaling said in an interview that the book would "not be a tell-all." The List AppEdit On October 14, 2015 Novak released an Apple iOS app along with co-founder Dev Flaherty called The List App.[16] The app has since been nominated for a Webby Award (losing in its category to Beme and Pocket) and in May 2016 rebranded as 'li.st' and became available on the Android platform.[17] In September 2017, the app was shut down, citing that the growth wasn't enough to sustain the current product.[18] Novak has a close friendship with Mindy Kaling, whom he met through writing for The Office. The two dated on and off while writing and acting on the show, sometimes mirroring the on-again, off-again nature of the relationship between their respective characters Ryan Howard and Kelly Kapoor.[19] He served as a consulting producer for Season 1 of The Mindy Project,[20] and has appeared on the show several times, though his formal producing role ended after the first season.[21] Novak is the godfather of Kaling's firstborn daughter, Katherine.[22] Novak was dating Instagram model Ceilidh Garten.[23] Novak, B. J. (2014). The book with no pictures. — (2014). One more thing : stories and other stories. Novak, B. J. (2017). The alphabet book with no pictures. Essays, reporting and other contributionsEdit Novak, B. J. (November 4, 2013). "The man who invented the calendar". Shouts & Murmurs. The New Yorker. 89 (35): 64–65. "Pants" on Current Mood with John Mayer. Aired: 2/17/19. Roles as an actor 2003 Punk'd Field Agent Television series 2005–2013 The Office Ryan Howard Television series; 166 Episodes Screen Actors Guild Award for Outstanding Performance by an Ensemble in a Comedy Series (2006, 2007) Nominated: Screen Actors Guild Award for Outstanding Performance by an Ensemble in a Comedy Series (2008) Nominated: Prism Award for Best performance in a Comedy Series (2009) 2006 Unaccompanied Minors Flight Attendant 2007 Knocked Up Unnamed Doctor Reign Over Me Mr. Fallon 2009 Inglourious Basterds Pfc. Smithson Utivich Screen Actors Guild Award for Outstanding Performance by a Cast in a Motion Picture 2011 The Smurfs Baker Smurf Voice role 2012 The Dictator Uncredited 2013 The Mindy Project Jamie Television series 2013 The Internship Male Interviewer 2013 The Smurfs 2 Baker Smurf Voice role 2013 Saving Mr. Banks Robert B. Sherman 2014 The Amazing Spider-Man 2 Alistair Smythe 2014 Community Mr. Egypt Episode: "Basic Sandwich" (cameo) 2014 The Newsroom Lucas Pruit Television series 2015 Arthur MC Episode: "The Last Day" (voice) 2016 The Founder Harry J. Sonneborn 2016-2018 Crazy Ex-Girlfriend Himself Episodes: "Josh and I Go to Los Angeles" (cameo), "Oh, Nathaniel, It's On!" (cameo) Roles as a writer 2001–2002 Raising Dad 2 episodes 2005–2012 The Office Episodes written: "Diversity Day" (March 29, 2005) - Season 1 "Sexual Harassment" (September 27, 2005) - Season 2 "The Fire" (October 11, 2005) - Season 2 "Boys and Girls" (February 2, 2006) - Season 2 "Initiation" (October 19, 2006) - Season 3 "Safety Training" (April 12, 2007) - Season 3 "Local Ad" (October 25, 2007) - Season 4 "Chair Model" (April 17, 2008) - Season 4 "Prince Family Paper" (January 22, 2009) - Season 5 "Dream Team" (April 9, 2009) - Season 5 "Happy Hour" (March 25, 2010) - Season 6 "Counseling" (September 30, 2010) - Season 7 "Threat Level Midnight" (February 17, 2011) - Season 7 "The List" (September 22, 2011) - Season 8 "Free Family Portrait Studio" (May 10, 2012) - Season 8 Writers Guild of America Award for Comedy Series (2006) Nominated: Writers Guild of America Award for a Comedy Series (2005, 2007, 2008) Nominated: Writers Guild of America Award for a New Series (2005) Nominated: Writers Guild of America Award for an Episodic Comedy (2005, 2007) 2013 The Mindy Project 2 episodes Roles as a director 2009 The Office – Blackmail webisode series 4 episodes 2009 The Office – "Scott's Tots" aired 12/03/09 2011 The Office - "The Seminar" aired 01/27/11 The Office - "The List" aired 09/22/11 2012 The Office – "Trivia" aired 01/12/12 2013 The Mindy Project – "Mindy's Minute" aired 02/19/13 2013 The Mindy Project - "Santa Fe" aired 04/09/13 List of awards and nominations 2005 Writers Guild of America Awards New Series The Office Nominated Episodic Comedy - for episode "Diversity Day" Nominated Comedy Series Nominated 2006 Screen Actors Guild Awards Outstanding Performance by an Ensemble in a Comedy Series Won Writers Guild of America Awards Comedy Series Won 2007 Screen Actors Guild Awards Outstanding Performance by an Ensemble in a Comedy Series[24] Won Emmy Awards Outstanding Comedy Series Nominated Writers Guild of America Awards Episodic Comedy - for episode "Local Ad" Nominated 2008 Screen Actors Guild Awards Outstanding Performance by an Ensemble in a Comedy Series Nominated Writers Guild of America Awards Comedy Series Nominated 2009 Emmy Awards Outstanding Comedy Series Nominated ^ Hoys, Matt; Brooks, Mel (2013). Comic Genius: Portraits of Funny People. Chronicle Books. p. 194. ISBN 978-1452131955. ^ "B.J. Novak". TV Guide. Archived from the original on December 15, 2018. Retrieved December 15, 2018. ^ Courtney Hollands (December 20, 2007). "Molly Goodson has stars in her eyes - and on her blog". The Boston Globe. Archived from the original on November 3, 2012. Retrieved March 6, 2009. ^ Berman, Alyssa R.; Beborah B. Doroshow (May 14, 2001). "BJs Bring a Full House to Sanders". Harvard Crimson. Archived from the original on September 3, 2009. Retrieved August 19, 2009. ^ Novak, William (2006). The Big Book of Jewish Humor. Collins. p. vii. ISBN 978-0-06-113813-3. ^ Getlin, John (September 17, 1992). "Ghost to the Stars - William Novak Is the Invisible Writer Behind Memoirs by Lee Iacocca, Nancy Reagan and--Soon--Magic Johnson". Los Angeles Times. Archived from the original on March 24, 2011. Retrieved August 19, 2009. ^ Uriel Heilman (November 19, 2006). "Better than Pork, Isn't it? Jewish Joke Book turns 25". JTA. Archived from the original on September 4, 2009. Retrieved March 13, 2009. ^ "Class Notes-Solomon Schechter Day School". www.ssdsboston.org. Archived from the original on January 27, 2016. Retrieved January 21, 2016. ^ a b c d e f Christopher Muther (December 6, 2005). "Class reunion". The Boston Globe. Archived from the original on February 24, 2009. Retrieved March 6, 2009. ^ a b c B. J. Novak on IMDb ^ a b "B.J. Novak: Videos, Jokes, Tour Dates, Biography and more". Jokes.com. ComedyCentral. 2009. Archived from the original on October 20, 2008. Retrieved March 11, 2009. ^ David Hiltbrand, "B.J. Novak gives at 'The Office' and out of it" Archived March 4, 2016, at the Wayback Machine, Philadelphia Inquirer, June 11, 2009. ^ Julie Bosman, "B.J. Novak, Actor and Writer, Signs Two-Book Deal" Archived June 24, 2017, at the Wayback Machine, nytimes.com, April 12, 2013; accessed September 21, 2013. ^ "Best Sellers". The New York Times. March 30, 2014. Archived from the original on December 2, 2014. Retrieved November 30, 2014. ^ Towers, Andrea (January 22, 2014). "On the Books: B.J. Novak lands children's book deal". Entertainment Weekly. Archived from the original on December 5, 2014. Retrieved November 30, 2014. ^ "B.J. Novak introduces new app for people who 'just love lists'". EW.com. Archived from the original on January 13, 2018. Retrieved January 13, 2018. ^ Perez, Sarah. "B.J. Novak's "The List App" rebrands to li.st, arrives on Android". TechCrunch. Archived from the original on January 13, 2018. Retrieved January 13, 2018. ^ "List App Shuts Down App, Moves On To New Project". Commaful. Archived from the original on October 2, 2017. ^ Burton, Summer Anne. "33 Times Mindy Kaling And B.J. Novak's Best Friendship Killed You In The Heart". BuzzFeed. Archived from the original on October 11, 2016. Retrieved May 12, 2016. ^ "B.J. Novak on his 'Mindy Project' arc, being BFF with Mindy Kaling, and returning to 'The Office'" Archived February 3, 2013, at the Wayback Machine, ohnotheydidnt.livejournal.com, January 29, 2013. ^ "B.J. Novak on His Relationship with Mindy Kaling and Returning to the Mindy Project". Archived from the original on February 4, 2018. Retrieved February 3, 2018. ^ https://people.com/parents/mindy-kaling-reveals-bj-novak-godfather-to-her-daughter/. Missing or empty \|title= (help) ^ "B. J. Novak Reveals His Confusing Dating Affair With Former Girlfriend; Moves To Another With Thoughts Of Getting Married?". LIVERAMPUP. April 10, 2017. Retrieved June 19, 2019. ^ Andrew Krukowski, "'Sopranos,' 'The Office' Win SAG Ensemble Awards," Archived September 4, 2009, at the Wayback Machine TVWeek, January 27, 2008. Wikimedia Commons has media related to B.J. Novak. Joey Fatone interviews Novak at the 14th Annual Screen Actors Guild Awards (2008) "The Office's BJ Novak: Uncut", an NPR interview from May 2008 B. J. Novak on IMDb B. J. Novak on Twitter Retrieved from "https://en.wikipedia.org/w/index.php?title=B._J._Novak&oldid=905736828"	cc/2019-30/en_head_0031.json.gz/line745
__label__wiki	0.70106	0.70106	Flixborough disaster Find sources: "Flixborough disaster" – news · newspapers · books · scholar · JSTOR (May 2017) (Learn how and when to remove this template message) This article's tone or style may not reflect the encyclopedic tone used on Wikipedia. See Wikipedia's guide to writing better articles for suggestions. (January 2019) (Learn how and when to remove this template message) This article may be too technical for most readers to understand. Please help improve it to make it understandable to non-experts, without removing the technical details. (January 2019) (Learn how and when to remove this template message) Memorial to those who died in the disaster The Flixborough disaster was an explosion at a chemical plant close to the village of Flixborough, North Lincolnshire, England on Saturday, 1 June 1974. It killed 28 people and seriously injured 36 out of a total of 72 people on site at the time. The casualty figures could have been much higher, if the explosion had occurred on a weekday, when the main office area would have been occupied.[1][2] A contemporary campaigner on process safety wrote "the shock waves rattled the confidence of every chemical engineer in the country".[3][A] The disaster involved (and may well have been caused by) a hasty modification. There was no on-site senior manager with mechanical engineering expertise (virtually all the plant management had chemical engineering qualifications); mechanical engineering issues with the modification were overlooked by the managers who approved it, nor was the severity of the potential consequences of its failure appreciated. Flixborough led to a widespread public outcry over process safety. Together with the passage of the UK Health and Safety at Work Act in the same year, it led to (and is often quoted in justification of) a more systematic approach to process safety in UK process industries. UK government regulation of plant processing or storing large inventories of hazardous materials is currently under the Control of Major Accident Hazards Regulations 1999 (COMAH). In Europe, the Flixborough disaster and the Seveso disaster in 1974 led to development of the Seveso Directive in 1982 (currently Directive 2012/18/EU issued in 2012). Another view of the memorial The chemical works, owned by Nypro UK (a joint venture between Dutch State Mines (DSM) and the British National Coal Board (NCB)) had originally produced fertiliser from by-products of the coke ovens of a nearby steelworks. Since 1967, it had instead produced caprolactam, a chemical used in the manufacture of nylon 6.[a] The caprolactam was produced from cyclohexanone. This was originally produced by hydrogenation of phenol, but in 1972 additional capacity was added, built to a DSM design in which hot liquid cyclohexane was partially oxidised by compressed air. The plant was intended to produce 70,000 tpa (tons per annum) of caprolactam but was reaching a rate of only 47,000 tpa in early 1974. Government controls on the price of caprolactam put further financial pressure on the plant.[2] It was a failure of the cyclohexane plant that led to the disaster. A major leak of liquid from the reactor circuit caused the rapid formation of a large cloud of flammable hydrocarbon. When this met an ignition source (probably a furnace at a nearby hydrogen production plant[B]) there was a massive fuel-air explosion. The plant control room collapsed, killing all 18 occupants. Nine other site workers were killed, and a delivery driver died of a heart attack in his cab. Fires started on-site which were still burning ten days later. Around 1,000 buildings within a mile radius of the site (in Flixborough itself and in the neighbouring villages of Burton upon Stather and Amcotts) were damaged, as were nearly 800 in Scunthorpe (three miles away); the blast was heard over thirty miles away in Grimsby and Hull. Images of the disaster were soon shown on television, filmed by BBC and Yorkshire Television filmstock news crews who had been covering the Appleby-Frodingham Gala in Scunthorpe that afternoon. The plant was re-built but cyclohexanone was now produced by hydrogenation of phenol (Nypro proposed to produce the hydrogen from LPG;[7] in the absence of timely advice from the Health and Safety Executive (HSE) planning permission for storage of 1200 te LPG at Flixborough was initially granted subject to HSE approval, but HSE objected[8]); as a result of a subsequent collapse in the price of nylon it closed down a few years later. The site was demolished in 1981, although the administration block still remains. The site today is home to the Flixborough Industrial Estate, occupied by various businesses and Glanford Power Station. The foundations of properties severely damaged by the blast and subsequently demolished can be found on land between the estate and the village, on the route known as Stather Road. A memorial to those who died was erected in front of offices at the rebuilt site in 1977. Cast in bronze, it showed mallards alighting on water. When the plant was closed, the statue was moved to the pond at the parish church in Flixborough. During the early hours of New Year's Day 1984, the sculpture was stolen. It has never been recovered but the plinth it stood on, with a plaque listing all those who died that day, can still be found outside the church. The cyclohexane oxidation process is still operated in much the same plant design in the Far East.[4] The disasterEdit The plantEdit In the DSM process, cyclohexane was heated to about 155 °C (311 °F) before passing into a series of six reactors. The reactors were constructed from mild steel with a stainless steel lining; when operating they held in total about 145 tonnes of flammable liquid at a working pressure of 8.6 bar gauge (0.86 MPa gauge; 125 psig).[b] In each of the reactors, compressed air was passed through the cyclohexane, causing a small percentage of the cyclohexane to oxidise and produce cyclohexanone, some cyclohexanol also being produced. Each reactor was slightly (approximately 14 inches, 350 mm) lower than the previous one, so that the reaction mixture flowed from one to the next by gravity through nominal 28-inch bore (700mm DN) stub pipes with inset bellows.[C] The inlet to each reactor was baffled so that liquid entered the reactors at a low level; the exiting liquid flowed over a weir whose crest was somewhat higher than the top of the outlet pipe.[9] The mixture exiting reactor 6 was processed to remove reaction products, and the unreacted cyclohexane (only about 6% was reacted in each pass) then returned to the start of the reactor loop. Although the operating pressure was maintained by an automatically controlled bleed valve once the plant had reached steady state, the valve could not be used during start-up, when there was no air feed, the plant being pressurised with nitrogen. During start-up the bleed valve was normally isolated and there was no route for excess pressure to escape; pressure was kept within acceptable limits (slightly wider than those achieved under automatic control) by operator intervention (manual operation of vent valves). A pressure-relief valve acting at 11 kg/cm2 (11 bar; 156 psi) gauge was also fitted. Reactor 5 leaks and is bypassedEdit Two months prior to the explosion, the number 5 reactor was discovered to be leaking. When lagging was stripped from it, a crack extending about 6 feet (1.8 m) was visible in the mild steel shell of the reactor. It was decided to install a temporary pipe to bypass the leaking reactor to allow continued operation of the plant while repairs were made. In the absence of 28-inch nominal bore pipe (700mm DN), 20-inch nominal bore pipe (500mm DN) was used to fabricate the bypass pipe for linking reactor 4 outlet to reactor 6 inlet. The new configuration was tested for leak-tightness at working pressure by pressurisation with nitrogen. For two months after fitting the bypass was operated continuously at temperature and pressure and gave no trouble. At the end of May (by which time the bypass had been lagged) the reactors had to be depressurised and allowed to cool in order to deal with leaks elsewhere. The leaks having been dealt with, early on 1 June attempts began to bring the plant back up to pressure and temperature. The explosionEdit At about 16:53 on Saturday 1 June 1974, there was a massive release of hot cyclohexane in the area of the missing reactor 5, followed shortly by ignition of the resulting cloud of flammable vapour[D] and a massive explosion[E] in the plant. It virtually demolished the site. Since the accident took place at a weekend there were relatively few people on site: of those on-site at the time, 28 were killed and 36 injured. Fires continued on-site for more than ten days. Off-site there were no fatalities, but 50 injuries were reported and about 2,000 properties damaged.[d] The occupants of the works laboratory had seen the release and evacuated the building before the release ignited; most survived. None of the 18 occupants of the plant control room survived, nor did any records of plant readings. The explosion appeared to have been in the general area of the reactors and after the accident only two possible sites for leaks before the explosion were identified: "the 20 inch bypass assembly with the bellows at both ends torn asunder was found jack-knifed on the plinth beneath" and there was a 50-inch long split in nearby 8-inch nominal bore stainless steel pipework".[e] Court of InquiryEdit Immediately after the accident, New Scientist commented presciently on the normal official response to such events, but hoped that the opportunity would be taken to introduce effective government regulation of hazardous process plants. Disasters on the scale of last Saturday's tragic explosion ... at Flixborough tend to provoke a brief wave of statements that such things must never happen again. With the passage of time these sentiments are diluted into bland reports about human error and everything being well under control – as happened with the Summerland fire. In the Flixborough case, there is a real chance that the death toll could trigger meaningful changes in a neglected aspect of industrial safety.[13] The Secretary of State for Employment set up a Court of Inquiry to establish the causes and circumstances of the disaster and identify any immediate lessons to be learned, and also an expert committee to identify major hazard sites and advise on appropriate measures of control for them. The inquiry sat for 70 days in the period September 1974 – February 1975, and took evidence from over 170 witnesses.[f] In parallel, an Advisory Committee on Major Hazards was set up to look at the longer-term issues associated with hazardous process plants. Circumstances of the disasterEdit The report of the court of inquiry was critical of the installation of the bypass pipework on a number of counts: although plant and senior management were chartered engineers (mostly chemical engineers), the post of Works Engineer which had been occupied by a chartered mechanical engineer had been vacant since January 1974, and at the time of the accident there were no professionally qualified engineers in the works engineering department. Nypro had recognised this to be a weakness and identified a senior mechanical engineer in an NCB subsidiary as available to provide advice and support if requested.[g] At a meeting of plant and engineering managers to discuss the failure of reactor 5, the external mechanical engineer was not present. The emphasis was upon prompt restart and – the inquiry felt – although this did not lead to the deliberate acceptance of hazards, it led to the adoption of a course of action whose hazards (and indeed engineering practicalities) were not adequately considered or understood. The major problem was thought to be getting reactor 5 moved out of the way. Only the plant engineer was concerned about restarting before the reason for the failure was understood, and the other reactors inspected.[h][F] The difference in elevation between reactor 4 outlet and reactor 6 inlet was not recognised at the meeting. At a working level the offset was accommodated by a dog-leg in the bypass assembly; a section sloping downwards inserted between (and joined with by mitre welds) two horizontal lengths of 20-inch pipe abutting the existing 28-inch stubs. This bypass was supported by scaffolding fitted with supports provided to prevent the bellows having to take the weight of the pipework between them, but with no provision against other loadings.[G] The Inquiry noted on the design of the assembly: No-one appreciated that the pressurised assembly would be subject to a turning moment imposing shear forces on the bellows for which they are not designed. Nor did anyone appreciate that the hydraulic thrust on the bellows (some 38 tonnes at working pressure) would tend to make the pipe buckle at the mitre joints. No calculations were done to ascertain whether the bellows or pipe would withstand these strains; no reference was made to the relevant British Standard, or any other accepted standard; no reference was made to the designer's guide issued by the manufacturers of the bellows; no drawing of the pipe was made, other than in chalk on the workshop floor; no pressure testing either of the pipe or the complete assembly was made before it was fitted.[i] The Inquiry noted further that "there was no overall control or planning of the design, construction, testing or fitting of the assembly nor was any check made that the operations had been properly carried out". After the assembly was fitted, the plant was tested for leak-tightness by pressurising with nitrogen to 9 kg/cm2; i.e. roughly operating pressure, but below the pressure at which the system relief valve would lift and below the 30% above design pressure called for by the relevant British Standard.[j] Cause of the disasterEdit The 20-inch bypass was therefore clearly not what would have been produced or accepted by a more considered process, but controversy developed (and became acrimonious) as to whether its failure was the initiating fault in the disaster (the 20-inch hypothesis, argued by the plant designers (DSM) and the plant constructors; and favoured by the court's technical advisers[3]), or had been triggered by an external explosion resulting from a previous failure of the 8-inch line (argued by experts retained by Nypro and their insurers[3]). The 20-inch hypothesisEdit Tests on replica bypass assemblies showed that bellows squirm[jargon] (Deformation) could occur at pressures below the safety valve setting, but that squirm did not lead to a leak (either from damage to the bellows or from damage to the pipe at the mitre welds) until well above the safety valve setting. However theoretical modelling suggested that the expansion of the bellows as a result of squirm would lead to a significant amount of work being done on them by the reactor contents, and there would be considerable shock loading on the bellows when they reached the end of their travel. If the bellows were 'stiff' (resistant to squirm), the shock loading could cause the bellows to tear at pressures below the safety valve setting; it was not impossible that this could occur at pressures experienced during start-up, when pressure was less tightly controlled. (Plant pressures at the time of the accident were unknown since all relevant instruments and records had been destroyed, and all relevant operators killed).[k] The Inquiry concluded that this ("the 20-inch hypothesis")[clarification needed] was 'a probability' but one 'which would readily be displaced if some greater probability' could be found.[l] The 8-inch hypothesisEdit Detailed analysis suggested that the 8-inch pipe had failed due to "creep cavitation"[jargon] at a high temperature while the pipe was under pressure. Failure had been accelerated by contact with molten zinc; there were indications that an elbow in the pipe had been at significantly higher temperature than the rest of the pipe.[m] The hot elbow led to a non-return valve held between two pipe flanges by twelve bolts. After the disaster, two of the twelve bolts were found to be loose; the inquiry concluded that they were probably loose before the disaster. Nypro argued that the bolts had been loose, there had consequently been a slow leak of process fluid onto lagging leading eventually to a lagging fire, which had worsened the leak to the point where a flame had played undetected upon the elbow, burnt away its lagging and exposed the line to molten zinc, the line then failing with a bulk release of process fluid which extinguished the original fire, but subsequently ignited giving a small explosion which had caused failure of the bypass, a second larger release and a larger explosion. Tests failed to produce a lagging fire with leaked process fluid at process temperatures; one advocate of the 8-inch hypothesis then argued instead that there had been a gasket failure giving a leak with sufficient velocity to induce static charges whose discharge had then ignited the leak.[H] The inquiry conclusionEdit The 8-inch hypothesis was claimed to be supported by eyewitness accounts and by the apparently anomalous position of some debris post-disaster. The inquiry report took the view that explosions frequently throw debris in unexpected directions and eyewitnesses often have confused recollections. The inquiry identified difficulties at various stages of the accident development in the 8-inch hypothesis, their cumulative effect being considered to be such that the report concluded that overall the 20-inch hypothesis involving 'a single event of low probability' was more credible than the 8-inch hypothesis depending upon 'a succession of events, most of which are improbable'.[n] Lessons to be learnedEdit The inquiry report identified 'lessons to be learned' which it presented under various headings; 'General observation' (relating to cultural issues underlying the disaster), 'specific lessons' (directly relevant to the disaster, but of general applicability) are reported below; there were also 'general' and 'miscellaneous lessons' of less relevance to the disaster. The report also commented on matters to be covered by the Advisory Committee on Major Hazards. General observationEdit Plant – where possible – should be designed so that failure does not lead to disaster on a timescale too short to permit corrective action. Plant should be designed and run to minimise the rate at which critical management decisions arise (particularly those in which production and safety conflict). Feedback within the management structure should ensure that top management understand the responsibilities of individuals and can ensure that their workload, capacity and competence allow them to effectively deal with those responsibilities Specific lessonsEdit The disaster was caused by 'a well designed and constructed plant' undergoing a modification that destroyed its technical integrity. Modifications should be designed, constructed, tested and maintained to the same standards as the original plant When the bypass was installed, there was no works engineer in post and company senior personnel (all chemical engineers) were incapable of recognising the existence of a simple engineering problem, let alone solving it When an important post is vacant, special care should be taken when decisions have to be taken which would normally be taken by or on the advice of the holder of the vacant post All engineers should learn at least the elements of other branches of engineering than their own[I] Matters to be referred to the Advisory CommitteeEdit No one concerned in the design or construction of the plant envisaged the possibility of a major disaster happening instantaneously.[J] It was now apparent that such a possibility exists where large amounts of potentially explosive material are processed or stored. It was 'of the greatest importance that plants at which there is a risk of instant as opposed to escalating disaster be identified. Once identified measures should be taken both to prevent such a disaster so far as is possible and to minimise its consequences should it occur despite all precautions.'[o] There should be coordination between planning authorities and the Health and Safety Executive, so that planning authorities could be advised on safety issues before granting planning permission; similarly the emergency services should have information to draw up a disaster plan. ConclusionEdit The inquiry summarised its findings as follows: We believe, however, that if the steps we recommend are carried out, the risk of any similar disaster, already remote, will be lessened. We use the phrase "already remote" advisedly for we wish to make it plain that we found nothing to suggest that the plant as originally designed and constructed created any unacceptable risk. The disaster was caused wholly by the coincidence of a number of unlikely errors in the design and installation of a modification. Such a combination of errors is very unlikely ever to be repeated. Our recommendations should ensure that no similar combination occurs again and that even if it should do so, the errors would be detected before any serious consequences ensued.[p] Response to Inquiry ReportEdit Controversy as to immediate causeEdit Nypro's advisers had put considerable effort into the 8-inch hypothesis, and the inquiry report put considerable effort into discounting it. The critique of the hypothesis spilled over into criticism of its advocates: 'the enthusiasm for the 8-inch hypothesis felt by its proponents has led them to overlook obvious defects which in other circumstances they would not have failed to realise'.[q] Of one proponent the report noted gratuitously that his examination by the court 'was directed to ensuring that we had correctly appreciated the main steps in the hypothesis some of which appeared to us in conflict with facts which were beyond dispute'.[r] The report thanked him for his work in assembling eyewitness evidence but said his use of it showed 'an approach to the evidence which is wholly unsound'.[s] The proponent of the 8-inch gasket failure hypothesis responded by arguing that the 20-inch hypothesis had its share of defects which the inquiry report had chosen to overlook, that the 8-inch hypothesis had more in its favour than the report suggested, and that there were important lessons that the inquiry had failed to identify: [T]he Court's commitment for the 20-inch hypothesis led them to present their conclusions in a way that does not help the reader to assess contrary evidence. The Court could still be right that a single unsatisfactory modification caused the disaster but this is no reason for complacency. There are many other lessons. It is to be hoped that the respect normally accorded to the findings of a Court of Inquiry will not inhibit chemical engineers in looking beyond the report in their endeavours to improve the already good safety record of the chemical industry.[6] The HSE website currently (2014) says "During the late afternoon on 1 June 1974 a 20 inch bypass system ruptured, which may have been caused by a fire on a nearby 8-inch pipe".[1] In the absence of a strong consensus for either hypothesis other possible immediate causes have been suggested.[K] Post-enquiry forensic engineering – two-stage rupture of bypassEdit The enquiry noted the existence of a small tear in a bellows fragment, and therefore considered the possibility of a small leak from the bypass having led to an explosion bringing the bypass down. It noted this to be not inconsistent with eyewitness evidence, but ruled out the scenario because pressure tests showed the bellows did not develop tears until well above the safety valve pressure.[t] This hypothesis has however been revived, with the tears being caused by fatigue failure at the top of the reactor 4 outlet bellows because of flow-induced vibration of the unsupported bypass line. Finite element analysis has been carried out (and suitable eyewitness evidence adduced) to support this hypothesis.[9][17] Post-enquiry forensic engineering – the 'water hypothesis'Edit The reactors were normally mechanically stirred but reactor 4 had operated without a working stirrer since November 1973; free phase water could have settled out in unstirred reactor 4 and the bottom of reactor 4 would reach operating temperature more slowly than the stirred reactors. It was postulated that there had been bulk water in reactor 4 and a disruptive boiling event had occurred when the interface between it and the reaction mixture reached operating temperature. Abnormal pressures and liquor displacement resulting from this (it was argued) could have triggered failure of the 20-inch bypass.[18][L][M]. Dissatisfaction with other aspects of the Inquiry ReportEdit The plant design had assumed that the worst consequence of a major leak would be a plant fire and to protect against this a fire detection system had been installed. Tests by the Fire Research Establishment had shown this to be less effective than intended.[6] Moreover, fire detection only worked if the leak ignited at the leak site; it gave no protection against a major leak with delayed ignition, and the disaster had shown this could lead to multiple worker fatalities. The plant as designed therefore could be destroyed by a single failure and had a much greater risk of killing workers than the designers had intended. Critics of the inquiry report therefore found it hard to accept its characterisation of the plant as 'well-designed'.[N] The HSE (through the Department of Employment) had come up with a 'shopping list' of about 30 recommendations on plant design,[3] many of which had not been adopted (and a few explicitly rejected[v]) by the Inquiry Report; the HSE inspector who acted as secretary to the inquiry spoke afterwards of making sure that the real lessons were acted upon.[6] More fundamentally, Trevor Kletz saw the plant as symptomatic of a general failure to consider safety early enough in process plant design, so that designs were inherently safe – instead processes and plant were selected on other grounds then safety systems bolted on to a design with avoidable hazards and unnecessarily high inventory. 'We keep a lion and build a strong cage to keep it in. But before we do so we should ask if a lamb might do.'[21] If the UK public were largely reassured to be told the accident was a one-off and should never happen again, some UK process safety practitioners were less confident. Critics felt that the Flixborough explosion was not the result of multiple basic engineering design errors unlikely to coincide again; the errors were rather multiple instances of one underlying cause: a complete breakdown of plant safety procedures (exacerbated by a lack of relevant engineering expertise, but that lack was also a procedural shortcoming).[5] ICI Petrochemicals responseEdit The Petrochemicals Division of Imperial Chemical Industries (ICI) operated many plants with large inventories of flammable chemicals at its Wilton site (including one in which cyclohexane was oxidised to cyclohexanone and cyclohexanol). Historically good process safety performance at Wilton had been marred in the late 1960s by a spate of fatal fires caused by faulty isolations/handovers for maintenance work.[22] Their immediate cause was human error but ICI felt that saying that most accidents were caused by human error was no more useful than saying that most falls are caused by gravity.[4] ICI had not simply reminded operators to be more careful, but issued explicit instructions on the required quality of isolations, and the required quality of its documentation.[22] The more onerous requirements were justified as follows: Why do we need the HOC[O] rules on the isolation and identification of equipment for maintenance? They were introduced about 2 years ago, but Billingham managed for 45 years without them. During those 45 years there were no doubt many occasions when fitters broke into equipment and found it had not been isolated, or broke into the wrong line because it had not been identified positively. But pipe-lines were mostly small, and the amount of flammable gas or liquid on the plant was not usually large. Now pipe-lines are much larger and the amount of gas or liquid that can leak out is much greater. Several serious incidents in the last 3 years have shown that we dare not risk breaking into lines that are not properly isolated. As plants have got larger we have moved ... into a new world where new methods are needed.[23][P] In accordance with this view, post-Flixborough (and without waiting for the Inquiry Report), ICI Petrochemicals instituted a review of how it controlled modifications. It found that major projects requiring financial sanction at a high level were generally well-controlled, but for more (financially) minor modifications there was less control and this had resulted in a past history of 'near-misses' and small-scale accidents,[26] few of which could be blamed on chemical engineers.[Q] To remedy this, not only were employees reminded of the principal points to consider when making a modification (both on the quality/compliance of the modification itself and on the effect of the modification on the rest of the plant), but new procedures and documentation were introduced to ensure adequate scrutiny. These requirements applied not only to changes to equipment, but also to process changes. All modifications were to be supported by a formal safety assessment. For major modifications this would include an 'operability study'; for minor modifications a checklist-based safety assessment was to be used, indicating what aspects would be affected, and for each aspect giving a statement of the expected effect. The modification and its supporting safety assessment then had to be approved in writing by the plant manager and engineer. Where instruments or electrical equipment were involved signatures would also be needed from the relative specialist (instrument manager or electrical engineer). A Pipework Code of Practice was introduced specifying standards of design construction and maintenance for pipework – all pipework over 3"nb (DN 75 mm) handling hazardous material would have to be designed by pipework specialists in the design office.[26] The approach was publicised outside ICI; while the Pipework Code of Practice on its own would have combatted the fault or faults that led to the Flixborough disaster, the adoption more generally of tighter controls on modifications (and the method by which this was done) were soon recognised to be prudent good practice.[R] In the United Kingdom, the ICI approach became a de facto standard for high-risk plant (partly because the new (1974) Health and Safety at Work Act went beyond specific requirements on employers to state general duties to keep risks to workers as low as reasonably practicable and to avoid risk to the public so far as reasonably practicable; under this new regime the presumption was that recognised good practice would inherently be 'reasonably practicable' and hence should be adopted, partly because key passages in reports of the Advisory Committee on Major Hazards were clearly supportive). Advisory Committee on Major HazardsEdit Dissatisfaction with existing regulatory regimeEdit The terms of reference of the Court of Inquiry did not include any requirement to comment on the regulatory regime under which the plant had been built and operated, but it was clear that it was not satisfactory. Construction of the plant had required planning permission approval by the local council; while "an interdepartmental procedure enabled planning authorities to call upon the advice of Her Majesty's Factory Inspectorate when considering applications for new developments which might involve a major hazard"[27] (there was no requirement for them to do so), since the council had not recognised the hazardous nature of the plant[3] they had not called for advice. As the New Scientist commented within a week of the disaster: There are now probably more than a dozen British petrochemical plants with a similar devastation-potential to the Nypro works at Flixborough. Neither when they were first built, nor now that they are in operation, has any local or government agency exercised effective control over their safety. To build a nuclear power plant, the electricity industry must provide a detailed safety evaluation to the Nuclear Inspectorate before it receives a licence. On the other hand, permission for highly hazardous process plants only involves satisfying a technically unqualified local planning committee, which lacks even the most rudimentary powers once the plant goes on stream. ... The Factory Inspectorate has standing only where it has promulgated specific regulations[13] Terms of Reference and personnelEdit The ACMH's terms of reference were to identify types of (non-nuclear) installations posing a major hazard, and advise on appropriate controls on their establishment, siting, layout, design, operation, maintenance and development (including overall development in their vicinity). Unlike the Court of Inquiry, its personnel (and that of its associated working groups) had significant representation of safety professionals, drawn largely from the nuclear industry and ICI (or ex-ICI) Suggested regulatory frameworkEdit In its first report[28] (issued as a basis for consultation and comment in March 1976), the ACMH noted that hazard could not be quantified in the abstract, and that a precise definition of 'major hazard' was therefore impossible. Instead[w] installations with an inventory of flammable fluids above a certain threshold or of toxic materials above a certain 'chlorine equivalent' threshold should be ' notifiable installations '. A company operating a notifiable installation should be required to survey its hazard potential, and inform HSE of the hazards identified and the procedures and methods adopted (or to be adopted) to deal with them. HSE could then choose to – in some cases (generally involving high risk or novel technology) – require[x] submission of a more elaborate assessment, covering (as appropriate) "design, manufacture, construction, commissioning, operation and maintenance, as well as subsequent modifications whether of the design or operational procedures or both". The company would have to show that "it possesses the appropriate management system, safety philosophy, and competent people, that it has effective methods of identifying and evaluating hazards, that it has designed and operates the installation in accordance with appropriate regulations, standards and codes of practice, that it has adequate procedures for dealing with emergencies, and that it makes use of independent checks where appropriate" For most 'notifiable installations' no further explicit controls should be needed; HSE could advise and if need be enforce improvements under the general powers given it by the 1974 Health and Safety at Work Act (HASAWA), but for a very few sites explicit licensing by HSE might be appropriate;[y] responsibility for safety of the installation remaining however always and totally with the licensee. Ensuring safety of 'major hazard' installationsEdit HASAWA already required companies to have a safety policy, and a comprehensive plan to implement it. ACMH felt that for major hazard installations[z] the plan should be formal and include the regulation by company procedures of safety matters (such as: identification of hazards, control of maintenance (through clearance certificates, permits to work etc.), control of modifications which might affect plant integrity, emergency operating procedures, access control) clear safety roles (for e.g. the design and development team, production management, safety officers) training for safety, measures to foster awareness of safety, and feedback of information on safety matters Safety documents were needed both for design and operation. The management of major hazard installations must show that it possessed and used a selection of appropriate hazard recognition techniques,[S] had a proper system for audit of critical safety features, and used independent assessment where appropriate. The ACMH also called for tight discipline in the operation of major hazard plants: The rarity of major disasters tends to breed complacency and even a contempt for written instructions. We believe that rules relevant to safety must be everyday working rules and be seen as an essential part of day-to-day work practice. Rules, designed to protect those who drew them up if something goes wrong, are readily ignored in day-to-day work. Where management lays down safety rules, it must also ensure that they are carried out. We believe that to this end considerable formality is essential in relation to such matters as permits to work and clearance certificates to enter vessels or plant areas. In order to keep strong control in the plant, the level of authority for authorisations must be clearly defined. Similarly the level of authority for technical approval for any plant modification must also be clearly defined. To avoid the danger of systems and procedures being disregarded, there should be a requirement for a periodic form of audit of them.[aa] The ACMH's second report (1979) rejected criticisms that since accidents causing multiple fatalities were associated with extensive and expensive plant damage the operators of major hazard sites had every incentive to avoid such accidents and so it was excessive to require major hazard sites to demonstrate their safety to a government body in such detail: We would not contest that the best run companies achieve high standards of safety, but we believe this is because they have .... achieved what is perhaps best described as technical discipline in all that they do. We believe that the best practices must be followed by all companies and that we have reached a state of technological development where it is not sufficient in areas of high risk for employers merely to demonstrate to themselves that all is well. They should now be required to demonstrate to the community as a whole that their plants are properly designed, well constructed and safely operated.[11] The approach advocated by the ACMH was largely followed in subsequent UK legislation and regulatory action, but following the release of chlordioxins by a runaway chemical reaction at Seveso in northern Italy in July 1976, 'major hazard plants' became an EU-wide issue and the UK approach became subsumed in EU-wide initiatives (the Seveso Directive in 1982, superseded by the Seveso II Directive in 1996). A third and final report was issued when the ACMH was disbanded in 1983. Buncefield fire List of disasters in Great Britain and Ireland by death toll ^ Various authors[4][5] have compared it with the Tay Bridge disaster in one aspect or other ^ the conclusion of the official Inquiry, but this has been queried, given the pattern of deposition of soot from the explosion[6] ^ i.e. the fatal modification did not introduce the bellows (a point not always appreciated by popular retellings) ^ or of that part of it within flammability limits Visualisations of the output of CFD modelling of the release showing the upper and lower flammable limit envelopes can be found in[9] for both the inquiry's favoured failure scenario and Venart's ^ As of 2014 a TNT equivalence of 15 or 16 t with no error band seems to be a standard value on popularising websites but estimation of TNT equivalence is inherently inexact. The explosion was estimated to be equivalent to 15–45 t TNT at the Inquiry.[c] 16±2 t at 45 m above ground level was the best-fit estimate of[10] – the gist of their paper is given in the 2nd Report of the Advisory Committee on Major Hazards.[11] TNT equivalence is now thought less useful than more modern approaches to characterisation of vapour cloud explosions and there are no directly comparable estimates of TNT equivalence for the Buncefield event. However,[12] gives a graphical presentation of the raw data (overpressure inferred from damage vs distance from explosion source) for Flixborough (Fig 3.1.2) (in which the data is bounded by TNT equivalent curves for 11.2 t and 60t) and for the Buncefield fire (Fig 3.4.1). For any given distance where the comparison can be made, Flixborough gives a higher estimated over-pressure than Buncefield, and (other things being equal – overpressure estimation techniques might have changed so much in 30 years that the comparison is meaningless) is therefore presumably to be judged the larger explosion. ^ A leak had developed on the air feed to the reactor, and a water spray had been put on it as a prudent precaution against hot cyclohexane reaching the leak site. The water spray had been nitrate dosed and after the crack was discovered DSM advised that nitrates were known to promote stress corrosion cracking of mild steel. There had been no similar air leaks (and consequently no similar water sprays) on the other reactors. ^ and the pipework lifted about 6 mm at plant operating temperature because of thermal expansion of the reactors ^ All gasket materials in the area had been destroyed by the fire, so there was no direct evidence for or against a preceding gasket fault; the plant was known to have suffered leaks elsewhere because the wrong type of gasket had been fitted.[3] ^ More a long-term solution than an immediate lesson, but a long-held belief of the inquiry's vice-chairman Joseph Pope[14] ^ ICI Petrochemicals Safety Newsletter 60 (January 1974)[15] summarised a published 1973 conference paper[16] as follows: Unconfined vapour cloud explosions had been experienced since the 1930s; by the early 1970s there had been about 100 known incidents, with about 5 more every year. Significant overpressures could be developed where the release was large, and ignition delayed: at Pernis in 1968 pipebridges had been blown down ^ Press reporting of both has included the suggestion that the new hypothesis clears the dead operators of the slur of having caused the accident; in fact none of the competing theories makes that claim – unless it is felt that the inquiry report's explicit refusal to blame 'pilot error' by the dead is really an implicit invitation to others to do so ^ Although this is not commented upon in the reference, the basic physics would suggest that interfacial boiling could be triggered not only by increasing temperature with pressure steady but also by -with temperature steady – reducing pressure e.g. by manual venting ^ Experimental work carried out for HSE in 2000 confirmed that the vapour pressure of cyclohexane at 155oC is well below plant operating pressure; likewise that of water, but the vapour pressure of immiscible liquids is nearly additive and at operating temperature the sum of vapour pressures would exceed operating pressure – the work was not on a large enough scale to resolve whether disruptive boiling by this mechanism would have created forces large enough to fail the bypass[19] ^ In addition, King[18] takes the crack on reactor 5 to indicate mechanical design problems: he notes that post-inquiry work on behalf of HSE showed that nitrate stress corrosion cracking only occurs in mild steel in areas subject to abnormal stress; the failure of reactor 5 therefore required not only the presence of nitrate in the cooling water, but some inadequacy in the reactor design leading to high local stress. (The crack skirted a 28" branch,[u] and King is reported elsewhere[20] to have claimed an HSE source had told him that the reactors had been designed against a 9 t thrust upon these branches, not the 38t thrust the inquiry noted the bypass 'design' to have ignored) ^ (ICI) Heavy Organic Chemicals (Division); the predecessor of ICI Petrochemicals Division ^ The change in scale was real and much larger than anything experienced since (in 1956 a typical ethylene plant might have a capacity of 30, 000 tpa; in 1974 ICI and BP planned an ethylene plant with a capacity of 500, 000 tpa;[13] as of 2014 an 830,000 tpa unit is still one of the largest in Europe[24]) but it subsequently transpired that Billingham had had similar rules, but they had fallen into disuse[25] ^ e.g. for one pipe work mod "the plant engineer had not considered it necessary to consult the piping experts, as the pipe was straight, without any bends... As at Flixborough there was a failure to recognise the circumstances in which expert advice should have been sought" – the problem being spotted pre-use by the traditional informal safeguard of a senior engineer walking the plant to have a look at what his subordinates were doing[26] ^ but not necessarily best practice: some adopters of the approach have felt -or been made to feel- a danger of a group mindset where no off-plant personnel are involved (and the safety culture is not that of ICI) and therefore added a requirement for approval by a responsible person off-plant to ensure that the interests of production are not allowed to override those of safety ^ this from para 61, where the examples given included 'operability studies' Report of Court of InquiryEdit The Flixborough Disaster, Report of the Court of Inquiry, 1975 ^ p 2 ^ para 89 pp 13–14 ^ para 1 p 1 ^ p 14 ^ Appendix III p 50 ^ paras 54–59 pp7–8 ^ p 10 BS 3351 ^ pp18-19 ^ p18 ^ Appendix II pp 46–49 ^ para 219 p36 ^ para 226, pp 37–38 ^ para 172 p 29 ^ Plate 7 ^ para 29 ^ paras 58-9 Other referencesEdit ^ a b "Flixborough (Nypro UK) Explosion 1st June 1974: Accident Summary". Health and Safety Executive. Retrieved 25 June 2014. ^ a b "Catastrophic explosion of a cyclohexane cloud June 1, 1974 Flixborough United Kingdom" (PDF). French Ministry of the Environment – DPPR / SEI / BARPI. ^ a b c d e f Kinnersley, Patrick (27 February 1975). "What really happened at Flixborough?". New Scientist. 65 (938): 520–522. ISSN 0262-4079. Retrieved 7 July 2014. ^ a b c Kletz, Trevor A. (2001). Learning from Accidents, 3rd edition. Oxford U.K.: Gulf Professional. pp. 103–9. ISBN 978-0-7506-4883-7. ^ a b Booth, Richard (1979). "Safety: too important a matter to be left to the engineers? Inaugural lecture given on 22 February 1979" (PDF). Retrieved 27 June 2014. (minor updating when posted on web in 2013) ^ a b c d Cox, J I (May 1976). "Flixborough – Some Additional Lessons". The Chemical Engineer (309): 353–8. Retrieved 26 June 2014. (updated version of original article) ^ "FLIXBOROUGH CHEMICAL PLANT (REBUILDING)". Hansard HC Deb. 959 cc179-90. 27 November 1978. Retrieved 10 July 2014. ^ "LIQUEFIED GAS STORAGE (CANVEY ISLAND)". Hansard HC Deb. 965 cc417-30. 27 March 1979. Retrieved 10 July 2014. ^ a b c Venart, J E S. "Flixborough The Disaster and Its Aftermath" (PDF). Retrieved 25 June 2014. ^ Sudee, C; Samuels, D E; O'Brien, T P (1976–77). "The characteristics of the explosion of cyclohexane at the Nypro (UK) Flixborough plant on 1st June 1974". Journal of Occupational Accidents: 203–235. ^ a b Health & Safety Commission (1979). Advisory Committee on Major Hazards: Second Report. London: HMSO. ISBN 0 11 883299 9. Retrieved 7 July 2014. ^ Bauwens, C Regis; Dorofeev, Sergey B. "Effects of the Primary Explosion Site (PES) and Bulk Cloud in VCE Prediction: A Comparison with Historical Accident" (PDF). Unpublished: presented at American Institute of Chemical Engineers 2013 Spring Meeting 9th Global Congress on Process Safety San Antonio, Texas 28 April – 1 May 2013. Retrieved 26 June 2014. ^ a b c Tinker, Jon (6 June 1974). "Comment: Flixborough and the Future". New Scientist. 62 (901): 590. Retrieved 8 July 2014. ^ "Sir Joseph Pope, Engineering Pioneer". University of Nottingham. ^ "60/6 Explosion of Clouds of Gas or Vapour in the Open Air". ICI Petrochemicals Division Safety Newsletter (60). January 1974. Retrieved 27 June 2014. ^ Strehlow, R A (1973). "Unconfined vapour cloud explosions – an overview". Symposium (International) on Combustion. 14 (14): 1189–1200. doi:10.1016/S0082-0784(73)80107-9. ^ Venart, J E S (2007). "Flixborough: A final footnote". Journal of Loss Prevention in the Process Industries. 20 (4): 621–643. doi:10.1016/j.jlp.2007.05.009. ^ a b King, Ralph (15 January 2000). "Flixborough 25 years on". Process Engineering. ^ Snee, T J (2001). "Interaction Between Water and Hot Cyclohexane in Closed Vessels". Process Safety and Environmental Protection. 79 (2): 81–88. doi:10.1205/09575820151095166. ^ Mannan, Sam, ed. (2005). Lees' Loss Prevention in the Process Industry (3rd edition). Oxford: Butterworth-Heinemann. pp. 2/1–2/17 (Appendix 2: Flixborough). ISBN 9780750675550. ^ Kletz, Trevor (April 1975). "Supplement to Safety Newsletter 75". Imperial Chemical Industries Limited Petrochemicals Division Safety Newsletter (75). Retrieved 27 June 2014. – the same thought but with the lower-risk animal a cat had appeared immediately post-Flixborough in Safety Newsletter No 67 (July 1974) ^ a b Kletz, T., (2000) By Accident – a life preventing them in industry PVF Publications ISBN 0-9538440-0-5 ^ "14/8 Why Do We Need New Rules For Preparing For Maintenance". ICI Petrochemicals Division Safety Newsletter. 14. November 1969. Retrieved 10 July 2014. ^ "Your guide to the Fife Ethylene Plant" (PDF). Esso UK Limited. Retrieved 8 July 2014. ^ Kletz, Trevor. "15/7 COMMENTS FROM READERS". ICI Petrochemicals Division Safety Newsletter (15). Retrieved 10 July 2014. ^ a b c Kletz, Trevor (January 1976). "Must Plant Modifications Lead to Accidents?". Imperial Chemical Industries Limited Petrochemicals Division Safety Newsletter (83). Retrieved 1 July 2014. – reprinted, with slight modifications in Chemical Engineering Progress, Vol 2, No 11, November 1976, p. 48 ^ HC Deb 03 June 1974 vol 874 cc 867-77. "Flixborough (Explosion)". Hansard. Retrieved 8 July 2014. ^ Health & Safety Commission (1976). Advisory Committee on Major Hazards FIRST REPORT (PDF). London: HMSO. ISBN 0 11 880884 2. Retrieved 9 July 2014. Lees' Loss Prevention in the Process Industries: Hazard Identification, Assessment and Control (3rd Edition) ed Sam Mannan, Butterworth-Heinemann, 2004 ISBN 0750675551, 9780750675550 Summary of the official inquiry into the accident Flixborough memories on h2g2 Flixborough: 20 years on, Loss Prevention Bulletin issue 117, 1994 Coordinates: 53°37′N 0°42′W / 53.62°N 0.70°W / 53.62; -0.70 Retrieved from "https://en.wikipedia.org/w/index.php?title=Flixborough_disaster&oldid=899822991"	cc/2019-30/en_head_0031.json.gz/line747
__label__cc	0.516117	0.483883	iMac G5 The iMac G5 is an all-in-one personal computer that was designed, manufactured and sold by Apple Computer, Inc. from August 2004 to March 2006. It is the final iMac to use a PowerPC processor, making it the last model that could natively run Mac OS 9 (Classic) applications. It was replaced in January 2006 by the Intel-based iMac, which retained the features, price, and case design of the iMac G5. The original iMac G5 with an Apple Wireless Mouse Apple Computer, Inc. August 31, 2004; 14 years ago (2004-08-31) (original models) May 3, 2005 (Ambient Light Sensor model) October 12, 2005 (iSight model) January 10, 2006 (17" model) March 20, 2006 (20" model) PowerPC G5, 1.6–2.1 GHz Intel iMac www.apple.com/imac/ at the Wayback Machine (archived September 1, 2004) Inside an iMac G5 20" Rev. A In August 2004, the iMac design was overhauled. By this time, the PowerPC 970 (G5) processor had been released and was being used in the Power Mac G5. Famously, the Power Mac G5 needed multiple fans in a large casing (or else liquid cooling, an innovative solution Apple adopted for the highest-end Power Mac G5s) because of the high heat output from those CPUs. Apple's new iMac managed to incorporate the PowerPC 970 into an all-in-one design with a distinctive form factor. The computer used the same 17 and 20-inch widescreen LCDs found in the iMac G4, with the main logic board and optical drive now mounted directly behind the LCD panel; this gave the appearance of a thickened desktop LCD monitor. The approximately two inches deep enclosure is suspended above the desk by an aluminum arm that can be replaced by a VESA mounting plate. The iMac G5 uses an advanced cooling system controlled by the operating system; at low CPU loads this rendered the iMac G5 virtually silent. Apple boasted that it was the slimmest desktop computer on the market. The iMac G5 was updated in March 2005 to the Ambient Light Sensor (ALS) revision. It included a handful of configuration differences – more RAM, a larger hard drive, improved graphics, Gigabit Ethernet, and standard AirPort Extreme (802.11g) and Bluetooth 2.0+EDR. In October 2005, the final revision was released, adding an integrated iSight webcam mounted above the LCD and Apple's Front Row media interface. Other improvements included faster processors, more RAM, larger hard drives, and improved graphics. Notably this became the first Apple computer to use the PCI Express expansion bus and DDR2 SDRAM, with these features appearing shortly before they were incorporated into the Power Mac G5. It was declared "The Gold Standard of desktop PCs" by Walt Mossberg of The Wall Street Journal.[1] Although the iMac G5 iSight looked outwardly similar to the two previous revisions, it had a slimmer, internally new design. Improvements included superior cooling and performance increases. The stand could no longer be replaced with a VESA mount. This case, unlike the previous models, opened only from the front and requires the LCD screen to be removed before internal components can be accessed. Apple recommend no user serviceable items other than RAM, which is accessible through a small door at the base of the housing. In the intervening years, many guides have been posted on the internet to support replacing other components including the hard drive and optical drive, though doing so voids any remaining Apple warranty. The iMac G5 was succeeded by the Intel-based iMac on January 10, 2006, beginning the 6-month transition of Apple's entire line of computers to the Intel architecture. Revision historyEdit iMac G5 (August 2004) iMac G5 Ambient Light Sensor (May 2005) iMac G5 iSight (October 2005) "Hero"[2] "Q45C", "Q45D" "Q87" Model identifier PowerMac8,1 PowerMac8,2 PowerMac12,1 White polycarbonate 17", 1440 × 900 20", 1680 × 1050 17", 1440 × 900 20", 1680 × 1050 17", 1440 × 900 20", 1680 × 1050 widescreen 16:10, matte display 1.6 or 1.8 GHz 1.8 GHz 1.8 or 2.0 GHz 2.0 GHz 1.9 GHz 2.1 GHz PowerPC G5 970FX 64 KB (instruction), 32 KB (data) L1,512 KB L2 (1:1) 533 MHz or 600 MHz (3:1) 600 MHz or 667 MHz (3:1) 633 MHz (3:1) 700 MHz (3:1) 256 MB of 400 MHz PC-3200 DDR SDRAM Expandable to 2 GB 512 MB of 533 MHz PC2-4200 DDR2 SDRAM Expandable to 2.5 GB nVidia GeForce FX 5200 Ultra graphics processor with 64 MB of DDR SDRAM nVidia GeForce 4 MX graphics processor with 32 MB of DDR SDRAM (Education Only)[3] ATI Radeon 9600 graphics processor with 128 MB of DDR SDRAM ATI Radeon X600 Pro with 128 MB of DDR SDRAM ATI Radeon X600 XT with 128 MB of DDR SDRAM AGP 8x PCI Express 80 GB 160 GB 160 GB 250 GB 160 GB Optional: 250 or 500 GB 250 GB Optional: 500 GB Serial ATA 7200-rpm Parallel ATA 5400-rpm (Education Only) Slot-loading 17-inch models (1.6 GHz and 1.8 GHz, without iSight): Combo drive All other models: SuperDrive Optional AirPort Extreme 802.11b/g 10/100BASE-T Ethernet 56k V.92 Modem Optional Bluetooth 1.1 In addition to prior: Airport Extreme and Bluetooth 2.0 + EDR integrated Gigabit Ethernet No built-in modem (Apple Modem or third-party modem sold separately) In addition to prior: Built-in infrared (IR) receiver for Apple Remote 2x Firewire 400 Audio input/audio output In addition to prior: None (iSight Camera or third-party camera sold separately) Integrated iSight Camera (640 × 480 0.3 MP) Video out Mini-VGA Original Operating System Mac OS X 10.3.5 "Panther" Mac OS X 10.4 "Tiger" Mac OS X 10.4.2 "Tiger" Mac OS X 10.5.8 "Leopard" 18.5 lb / 8.4 kg (17"), 25.2 lb / 11.4 kg (20") 15.5 lb / 7 kg (17"), 22 lb / 10 kg (20") Timeline of iMac and Macintosh modelsEdit See also: Timeline of Macintosh models Wikimedia Commons has media related to IMac G5. ^ [1], The Mossberg Solution, November 30, 2005. ^ "Apple Unveils the New iMac G5". ^ "For schools, Apple offers special iMac G5, eMac". MacWorld. September 28, 2004. Retrieved from "https://en.wikipedia.org/w/index.php?title=IMac_G5&oldid=897252925"	cc/2019-30/en_head_0031.json.gz/line748
__label__wiki	0.97398	0.97398	List of titles and honours of Charles, Prince of Wales Charles, Prince of Wales has received numerous titles, decorations, and honorary appointments during his time as heir apparent to the thrones of the Commonwealth realms. Each is listed below; where two dates are shown, the first indicates the date of receiving the title or award (the title as Prince Charles of Edinburgh being given as from his birth) and the second indicates the date of its loss or renunciation. Royal and noble titles and stylesEdit 1948–1952: His Royal Highness Prince Charles of Edinburgh [1] 1952–present: His Royal Highness The Duke of Cornwall in Scotland: 1952–present: His Royal Highness The Duke of Rothesay 1958–present: His Royal Highness The Prince of Wales in Scotland: 2000–2001: His Grace The Lord High Commissioner to the General Assembly of the Church of Scotland. (In the Order of precedence in Scotland, The Lord High Commissioner to the General Assembly of the Church of Scotland precedes the Duke of Rothesay). The Prince's full style and title is: His Royal Highness Prince Charles Philip Arthur George, Prince of Wales, KG, KT, GCB, OM, AK, QSO, CC, PC, ADC, Earl of Chester, Duke of Cornwall, Duke of Rothesay, Earl of Carrick, Baron of Renfrew, Lord of the Isles and Prince and Great Steward of Scotland.[2][3] Regnal nameEdit If Prince Charles succeeds his mother as monarch and uses his first given name as his regnal name, he will be known as Charles III. However, there has been speculation that he may choose a different name, because the previous two monarchs named Charles are both associated with negative events in royal history: Charles I was beheaded in 1649, and Charles II reigned during the Great Fire of London. The name Charles III is also associated with the Jacobite pretender, Charles Edward Stuart, who claimed the throne under that name in the 18th century. The most discussed alternative regnal name has been George VII, in honour of Charles' maternal grandfather,[4][5] although the Prince has denied discussing a regnal name.[6] UnofficialEdit AmericasEdit 2001 –: Leading Star[7] In Inuktitut: Attaniout Ikeneego In English: The Son of the Big Boss (loosely translates to heir apparent)[8] In Cree: Pisimwa Kamiwohkitahpamikohk In English: The Sun Looks at Him in a Good Way AfricaEdit In Maasai: Oloishiru Ingishi In English: The Helper of the Cows (literally he whom the cows love so much they call for him when they are in times of distress)[9][10] OceaniaEdit 2018 –: High Chief[11] Military ranksEdit 2009 – present: Vice-Admiral in the Royal Canadian Navy[12] 2009 – present: Lieutenant-General in the Canadian Army[13] 2009 – present: Lieutenant-General in the Royal Canadian Air Force[13] 2015 – present: Commodore-in-Chief of Canadian Fleet Atlantic (Royal Canadian Navy) 4 November 2015[citation needed] – present: Admiral of the Fleet of the Royal New Zealand Navy[14] 4 November 2015[citation needed] – present: Field Marshal of the New Zealand Army[14] 4 November 2015[citation needed] – present: Marshal of the Royal New Zealand Air Force[14] Colonel in the Papua New Guinea Defence Force 8 March 1971 – 1 January 1977: Flight Lieutenant in the Royal Air Force[15][16] 15 September 1971 – 1 September 1972: Acting Sub-Lieutenant in the Royal Navy[16][17] 1 September 1972 – 27 July 1973: Sub-Lieutenant in the Royal Navy[18] 27 July 1973 – 1 January 1977: Lieutenant in the Royal Navy[19] 1975 – present: Colonel of the Welsh Guards[20] 1 January 1977 – 14 November 1988: Commander in the Royal Navy[21] 1 January 1977 – 14 November 1988: Wing Commander in the Royal Air Force[22] 14 November 1988 – 14 November 1998: Captain in the Royal Navy[23] 14 November 1988 – 14 November 1998: Group Captain in the Royal Air Force[24] 14 November 1998 – 14 November 2002: Rear-Admiral in the Royal Navy[25] 14 November 1998 – 14 November 2002: Major-General in the British Army[20] 14 November 1998 – 14 November 2002: Air Vice-Marshal in the Royal Air Force[26] 14 November 2002 – 14 November 2006: Vice-Admiral in the Royal Navy[27] 14 November 2002 – 14 November 2006: Lieutenant-General in the British Army[28] 14 November 2002 – 14 November 2006: Air Marshal in the Royal Air Force[29] 14 November 2006 – 16 June 2012: General in the British Army[30] 14 November 2006 – 16 June 2012: Admiral in the Royal Navy[30] 14 November 2006 – 16 June 2012: Air Chief Marshal in the Royal Air Force[31] 16 June 2012 – present: Field Marshal in the British Army[32] 16 June 2012 – present: Admiral of the Fleet in the Royal Navy[32] 16 June 2012 – present: Marshal of the Royal Air Force in the Royal Air Force[32] University degreesEdit England 1970[33] University of Cambridge Bachelor of Arts (BA)[34] England 1975[33] University of Cambridge Master of Arts (MA Cantab)[34] Commonwealth of NationsEdit TitlesEdit On April 20, 2018, the Commonwealth Heads of Government agreed that Charles will succeed his mother as Head of the Commonwealth.[35] HonoursEdit Order of precedence of the Prince of Wales' undress British and Commonwealth ribbons (Though it should be noted not all of these are regularly worn) Commonwealth realmsEdit Appointments (Shown in Order Given not Precedence) Post-nominal letters England and Wales 26 July 1958 – Royal Knight Companion of the Most Noble Order of the Garter (No undress ribbon is worn)[36] KG Commonwealth realms 1973 – Personal Aide-de-Camp to Her Majesty The Queen AdC(P) United Kingdom 5 May 1975 – Great Master and Principal Knight of the Most Honourable Order of the Bath[37] GCB Scotland 11 February 1977 – Extra Knight of the Most Ancient and Most Noble Order of the Thistle (No undress ribbon is worn)[38] KT United Kingdom 1977 – Lord of Her Majesty's Most Honourable Privy Council PC Australia 14 March 1981 – Knight of the Order of Australia AK New Zealand 1983 – Extra Companion of the Queen's Service Order QSO Saskatchewan 2001 – Honorary Member of the Saskatchewan Order of Merit SOM Commonwealth realms 2002 – Member of the Order of Merit OM Papua New Guinea 2005 – Royal Chief Grand Companion of the Order of Logohu GCL Canada 18 May 2014 – Member of the Queen's Privy Council for Canada PC[39] Canada 30 June 2017 – Extraordinary Companion of the Order of Canada CC[40] Decorations and medals (Shown in Order Given not Precedence) British Commonwealth 1953 Queen Elizabeth II Coronation Medal Fiji 1970 Fijian Independence Medal Papua New Guinea 1975 Papua New Guinea Independence Medal Commonwealth realms 1977 Queen Elizabeth II Silver Jubilee Medal Canada 1982 Canadian Forces Decoration and 3 clasps CD***[12] New Zealand 1990 New Zealand 1990 Commemoration Medal Saskatchewan 2001 Saskatchewan Order of Merit Commonwealth realms 2002 Queen Elizabeth II Golden Jubilee Medal Saskatchewan 2005 Saskatchewan Centennial Medal Commonwealth realms 2012 Queen Elizabeth II Diamond Jubilee Medal New Zealand 2012 New Zealand Armed Forces Award United Kingdom 2016 Naval Long Service and Good Conduct Medal with two clasps United Kingdom 2009 Royal Horticultural Society's Victoria Medal of Honour Canada 20 May 2014 Honorary Confederation Centre of the Arts Symons Medal[41] Other Commonwealth countriesEdit Malawi 1985 – Grand Commander of the Order of the Lion Foreign honoursEdit Finland 1969 – Commander Grand Cross of the Order of the White Rose Japan 1971 – Grand Cordon of the Order of the Chrysanthemum Netherlands 1972 – Grand Cross of the Order of the Crown [42] Luxembourg 1972 – Grand Cross of the Order of the Oak Crown Denmark 30 April 1974 – Knight of the Order of the Elephant [43] RE Nepal 24 February 1975 – Member of the Order of Ojaswi Rajanya Sweden 23 May 1975 – Knight of the Royal Order of the Seraphim RSerafO Ghana 1977 - 2018 Honorary Officer of the Order of the Star of Ghana OSG Norway 1978 – Grand Cross with Collar of the Royal Norwegian Order of St. Olav Brazil 1978 – Grand Cross of the National Order of the Southern Cross Egypt 12 August 1981 – Grand Cross and Collar of the Order of the Republic [44][45] Netherlands 18 November 1982 – Knight Grand Cross of the Order of Orange-Nassau [46] France 1982 – Grand Cross of the National Order of the Legion of Honour Bahrain 1986 – Grand Cross of the Order of al-Khalifa Qatar 1986 – Collar of the Order of Merit Spain 18 April 1986 – Grand Cross of the Royal and Distinguished Spanish Order of Carlos III[47] Saudi Arabia 1987 – Distinguished First Classe of the King Abdul Aziz Order of Merit Kuwait 1993 – Grand Cordon of the Order of Mubarak the Great Portugal 27 April 1993 – Grand Cross of the Order of Aviz Brunei 1996 – Member 1st Class of the Order of the Most Esteemed Family Order of Brunei Colombia 2014 – Grand Cross Extraordinary of the Order of Boyaca Mexico 2015 – Sash of Special Category of the Order of the Aztec Eagle[48] France 16 March 2017 Commander of the Order of Agricultural Merit[49] Romania 29 March 2017 – Grand Cross of the Order of the Star of Romania[50] Ghana 5 November 2018 – Honorary Companion of the Order of the Star of Ghana CSG Decorations and medals Nepal 24 February 1975 King Birendra Coronation Medal Netherlands 30 April 1980 Queen Beatrix Inauguration Medal Netherlands 30 April 2013 King Willem-Alexander Inauguration Medal Honorary military appointmentsEdit 1977 –: Colonel-in-Chief of the Royal Australian Armoured Corps[51] 1977 –: Colonel-in-Chief of Lord Strathcona's Horse (Royal Canadians)[51][52] 1977 –: Colonel-in-Chief of the Royal Winnipeg Rifles[51][52] 1977 –: Colonel-in-Chief of the Royal Regiment of Canada[51][52] 1985 –: Colonel-in-Chief of the Royal Canadian Dragoons[51][53] 2004 –: Colonel-in-Chief of the Black Watch (Royal Highland Regiment) of Canada[51] 2005 –: Colonel-in-Chief of the Toronto Scottish Regiment (Queen Elizabeth The Queen Mother's Own)[51] 1977 –: Colonel-in-Chief of the Air Reserve Group[51][52] 2012 – : Honorary Commissioner of the Royal Canadian Mounted Police[54] 2015 –: Commodore-in-Chief of the Royal Canadian Navy (Fleet Atlantic)[55] 1977 –: Air Commodore-in-Chief of the Royal New Zealand Air Force[51][56] 1984 –: Colonel-in-Chief of the Royal Pacific Islands Regiment[51] Charles as Colonel of the Welsh Guards, Trooping the Colour, 2012 1969 – 2006: Colonel-in-Chief of the Royal Regiment of Wales[57] 1975 –: Colonel, Welsh Guards[51][58] 1977 – 2007: Colonel-in-Chief of the Cheshire Regiment[59][60] 1977 – 1994: Colonel-in-Chief of the Gordon Highlanders[59][61] 1977 – 1994: Colonel-in-Chief of the 2nd King Edward VII's Own Gurkha Rifles (The Sirmoor Rifles)[59][61] 1977 –: Colonel-in-Chief of the Parachute Regiment[51][59] 1985 – 1992: Colonel-in-Chief of the 5th Royal Inniskilling Dragoon Guards[62] 1992 –: Colonel-in-Chief of the Royal Dragoon Guards[51][63] 1992 –: Colonel-in-Chief of the Army Air Corps[51][63] 1994 –: Colonel-in-Chief of the Royal Gurkha Rifles[51][63] 1994 – 2006: Deputy Colonel-in-Chief of the Highlanders (Seaforth, Gordons and Camerons)[63] 2000 –: Royal Honorary Colonel of the Queen's Own Yeomanry[51][64] 2003 –: Colonel-in-Chief of The Queen's Dragoon Guards[51][65] 2003 – 2006: Colonel-in-Chief of the King's Regiment[65] 2003 – 2006: Colonel-in-Chief of the Black Watch (Royal Highland Regiment)[65] 2006 –: Royal Colonel of the Black Watch, 3rd Battalion, The Royal Regiment of Scotland[51] 2006 –: Royal Colonel of the 51st Highland, 7th Battalion, The Royal Regiment of Scotland[51] 2007 –: Colonel in Chief of the Mercian Regiment[51] 1977 – 1992: Honorary Air Commodore of Royal Air Force Brawdy 1993 –: Honorary Air Commodore of Royal Air Force Valley[51][66] 2006 –: Commodore-In-Chief of Plymouth, Royal Naval Command[51] 2006 –: Honorary Commodore of Her Majesty's Coastguard Non-national titles and honoursEdit Member and fellowshipsEdit United Kingdom 1971 – Worshipful Company of Drapers Freeman United Kingdom 1978 – Royal Society Fellow (FRS)[67] United Kingdom 2000 – Royal Asiatic Society Fellow (FRAS)[68] England 2007 – Institute of Chartered Accountants in England & Wales Honorary Member (FCA (Hon.) France 1992 – Académie des Sciences Morales et Politiques foreign associate member ScholasticEdit Chancellor, visitor, governor, and fellowships England 1982 – Royal Agricultural University Chancellor Wales University of Wales Chancellor Wales Aberystwyth University Chancellor England 2007 Liverpool John Moores University Honorary Fellow[69] United States 1981 College of William and Mary Honorary Fellow Australia 1981 Monash University Doctor of Laws (LLD) New Zealand 1981 University of Otago Doctor of Literature (DLitt) Alberta 1983 University of Alberta Doctor of Laws (LLD)[70] England 1983 University of Oxford Doctor of Civil Law (DCL) Canada 1991 Queen's University Doctor of Laws (LLD)[71] England 1998 Durham University Doctor of Civil Law (DCL) Scotland 2001 University of Glasgow Scotland 2004 Royal Scottish Academy of Music and Drama Doctor of Music (DMus) England 2007 University of Chester Doctor of Letters (DLitt)[72] Scotland 2004 Royal Scottish Academy of Music and Drama [1] Egypt 2006 Al-Azhar University Doctor of Philosophy England 2011 London Business School Indonesia 2012 University of Indonesia India 2013 Forest Research Institute Doctor of Science (D.Sc) [73] [74] Romania 31 May 2014 University of Bucharest Doctorate [75] Romania 29 May 2017 Babeș-Bolyai University Doctorate [76] Honorific eponymsEdit Further information: Royal eponyms in Canada Geographic locationsEdit Australian Antarctic Territory: Prince Charles Mountains British Antarctic Territory: Prince Charles Strait StructuresEdit BuildingsEdit Fiji: Prince Charles Park, Nadi Hong Kong: Prince of Wales Hospital, Sha Tin Hong Kong: Prince of Wales Building, Admiralty (renamed in 1997) Queensland: The Prince Charles Hospital, Brisbane Prince of Wales Prize for Municipal Heritage Leadership SpeciesEdit Ecuador: Hyloscirtus princecharlesi, or the Prince Charles Stream Tree Frog[77][78] Interest awardsEdit Main article: List of awards received by Charles, Prince of Wales List of titles and honours of Queen Elizabeth II List of titles and honours of Prince Philip, Duke of Edinburgh List of titles and honours of King George VI List of titles and honours of Elizabeth Bowes-Lyon List of titles and honours of Mary of Teck List of titles and honours of Prince Arthur, Duke of Connaught and Strathearn List of honours of the British Royal Family by country ^ https://www.thegazette.co.uk/London/issue/38452/page/5889/data.pdf#view=Fit&toolbar=1 ^ "The Prince of Wales: Titles". Clarence House. n.d. Retrieved 17 April 2018. ^ "Prince Charles Fast Facts". CNN. n.d. Retrieved 10 July 2017. ^ Pierce, Andrew (24 December 2005). "Call me George, suggests Charles - Times Online". London: Timesonline.co.uk. Retrieved 12 October 2008. ^ Foster, Patrick; Pierce, Andrew (24 December 2005). "Change of name will follow a long royal tradition - Times Online". London: Timesonline.co.uk. Retrieved 12 October 2008. ^ Michael White, political editor (27 December 2005). "Charles denies planning to reign as King George \| UK news \| The Guardian". The Guardian. London. Retrieved 12 October 2008. CS1 maint: Extra text: authors list (link) ^ "Royal Involvement With Canadian Life". Monarchist League of Canada. Archived from the original (.doc) on 27 June 2008. Retrieved 4 November 2008. ^ "Royal Visit 2001". Canadianheritage.gc.ca. Retrieved 12 October 2008. ^ "The Prince of Wales and The Duchess of Cornwall carried out their final day of engagements in Tanzania". Retrieved 7 October 2013. ^ "Prince Charles dubbed 'The Helper of the Cows' by Maasai tribe". The Mirror. ^ https://www.bbc.co.uk/news/uk-43680209 ^ a b Deachman, Bruce; McCulloch, Sandra (9 November 2009). "Royals arrive in Ottawa in final leg of cross-Canada tour". Ottawa Citizen. Retrieved 10 November 2009. ^ a b Curry, Bill (11 November 2009). "Governor-General embraces military uniform". The Globe and Mail. Prince Charles, George VI's grandson, was at Ms. Jean's side in Ottawa, also wearing a green Canadian Forces army uniform as lieutenant-general of all three services of the Canadian Forces. ^ a b c New Zealand: Quick Facts, princeofwales.gov.uk ^ "No. 45318". The London Gazette (Supplement). 5 March 1971. p. 1998. Commissioned directly as a Flt Lt. ^ a b "The Prince of Wales - Military Career". The Official Website of the British Monarchy. The Royal Household. 2008/09. Archived from the original on 2 April 2015. Retrieved 18 June 2012. Check date values in: \|year= (help) ^ "No. 45770". The London Gazette (Supplement). 4 September 1972. p. 10570. ^ a b "No. 55312". The London Gazette (Supplement). 16 November 1998. p. 12486. ^ "No. 47117". The London Gazette (Supplement). 10 January 1977. p. 357. Promoted directly to Cdr from Lt. ^ "No. 47117". The London Gazette (Supplement). 10 January 1977. p. 369. Promoted directly to Wg Cdr from Flt Lt. ^ "No. 51530". The London Gazette (Supplement). 14 November 1988. p. 12785. ^ "No. 56811". The London Gazette (Supplement). 7 January 2003. p. 117. ^ a b "No. 58171". The London Gazette (Supplement). 5 December 2006. p. 16771. ^ "No. 58171". The London Gazette (Supplement). 5 December 2006. p. 16775. ^ a b c "Charles Awarded top ranks". BBC News UK. BBC. 15 June 2012. Retrieved 18 June 2012. ^ a b "The Prince of Wales > The Prince of Wales > Biography > Education". Clarence House. Archived from the original on 15 September 2008. Retrieved 5 November 2008. ^ a b "BBC > The Guide to Life, The Universe and Everything > HRH Prince Charles, the Prince of Wales". BBC. 5 December 2005. Retrieved 5 November 2008. ^ http://www.cbc.ca/news/world/commonwealth-head-prince-charles-leaders-meeting-queen-1.4628601 ^ St. George's Windsor ^ Alamy ^ Royal UK ^ Office of the Prime Minister (18 May 2014). "PM Announces the Appointment of His Royal Highness the Prince of Wales to the Queen's Privy Council for Canada". Queen's Printer for Canada. Archived from the original on 19 May 2014. Retrieved 18 May 2014. ^ "Prince Charles, Catherine O'Hara, Christine Sinclair among 99 recipients of Order of Canada". CBC News. 30 June 2017. Archived from the original on 30 June 2017. Retrieved 10 July 2017. ^ Janus, Andrea (20 May 2014). "Being a grandfather puts world's challenges 'in sharper focus': Prince Charles". CTV. Retrieved 20 May 2014. ^ PPE Agency, King Willem Alexander's inthronization 2013, Photo ^ Borger.dk Archived 7 December 2013 at the Wayback Machine ^ Upi ^ Pinterest ^ Charles & Diana ^ Boletín Oficial del Estado ^ "TRH THE PRINCE OF WALES AND THE DUCHESS OF CORNWALL AWARDED WITH THE MEXICAN ORDER OF THE AZTEC EAGLE". Official website of the Mexican Embassy in the United Kingdom. Retrieved 11 April 2019. ^ Paris Match ^ www.presidency.ro, Decret de decorare semnat de Președintele României, domnul Klaus Iohannis, 29 March 2017. archive. ^ a b c d e f g h i j k l m n o p q r s t u v "Special Relationships and Regiments". Clarence House website. Clarence House. Retrieved 19 June 2012. ^ a b c d "No. 47235". The London Gazette (Supplement). 11 June 1977. p. 7119. With effect from 11 June 1977. ^ "No. 50259". The London Gazette (Supplement). 17 September 1985. p. 12799. With effect from 17 September 1985. ^ Smith, Joanna (23 May 2012), "Royal visit 2012: Prince Charles collects honorary RCMP title", Toronto Star, retrieved 25 May 2012 ^ Government of Canada (3 May 2015). "Minister Kenney announces Royal appointments to the Royal Canadian Navy". Queen's Printer for Canada. Archived from the original on 5 May 2015. Retrieved 4 May 2015. ^ "No. 47237". The London Gazette (Supplement). 10 June 1977. p. 7127. With effect from 11 June 1977. ^ "No. 44871". The London Gazette (Supplement). 6 June 1969. p. 6015. With effect from 11 June 1969. ^ "No. 46507". The London Gazette (Supplement). 4 March 1975. p. 2922. With effect from 1 March 1975. ^ "No. 58482". The London Gazette (Supplement). 18 July 2006. p. 9767. Appointment ceased with effect from 1 September 2007 upon the regiment's merger into the Merceican Regiment. ^ a b "No. 52834". The London Gazette (Supplement). 13 February 1992. p. 2581. Appointment ceased with effect from the raising of the successor, merged regiments (ultimately this occurred in 1994 - effectively the appointment was transferred to the new units). ^ "No. 50085". The London Gazette (Supplement). 4 April 1985. p. 4911. With effect from 9 April 1985. ^ a b c d "No. 52834". The London Gazette (Supplement). 13 February 1992. p. 2581. With effect from 14 February 1992 less Royal Gurkha Rifles and the Highlanders where the new appointment was upon the raising of the new regiments (ultimately this occurred in 1994). ^ "No. 55908". The London Gazette (Supplement). 11 July 2000. p. 7545. With effect from 17 June 2000. ^ a b c "No. 57032". The London Gazette (Supplement). 19 August 2003. p. 10318. With effect from 19 August 2003. ^ "The Royal Society > About the Society > About us > The Fellowship > Royal Fellows". The Royal Society. Retrieved 5 November 2008. ^ "The Prince of Wales Patronages". The Prince of Wales. Retrieved 21 September 2014. ^ "Liverpool John Moores University > News > News Update > Honorary Fellowship for Prince Charles". Liverpool John Moores University Corporate Communications. Archived from the original on 19 April 2007. Retrieved 5 November 2008. ^ "University of Alberta Senate > Honorary Degrees > Past Honorary Degree Recipients > W". University of Alberta. Archived from the original on 27 May 2011. Retrieved 28 April 2009. ^ "Office of the University Registrar > Honorary Degrees and Speakers > Previous Recipients > 1858 to present > W" (PDF). Archived from the original (PDF) on 16 October 2013. Retrieved 24 December 2013. ^ "University of Chester > News, Events and Corporate Publications > News Archives 2007 > Royal Visit in Pictures". 23 July 2007. Archived from the original on 28 September 2007. Retrieved 5 November 2008. ^ http://www.tribuneindia.com/2013/20131108/dplus.htm ^ http://www.tribuneindia.com/2013/20131108/dplus.htm#1 ^ https://www.romania-insider.com/prince-charles-receives-doctor-honoris-causa-title-from-the-university-of-bucharest/ ^ https://www.romania-insider.com/prince-charles-receive-honorific-title-romanian-university/ ^ Coloma, Luis A.; et al. (2012). "Molecular phylogenetics of stream treefrogs of the Hyloscirtus larinopygion group (Anura: Hylidae), and description of two new species from Ecuador". Zootaxa. 3364: 1–78. ^ "Anfibios de Ecuador: Hyloscirtus pincecharlesi". Archived from the original on 5 November 2013. Retrieved 16 July 2012. Retrieved from "https://en.wikipedia.org/w/index.php?title=List_of_titles_and_honours_of_Charles,_Prince_of_Wales&oldid=903838595"	cc/2019-30/en_head_0031.json.gz/line749
__label__wiki	0.762617	0.762617	Magic: The Gathering – Duels of the Planeswalkers 2014 Magic 2014 – Duels of the Planeswalkers (referred to in shorthand as DotP 2014 or Magic 2014) is a video game based on the popular collectible card game of the same name, first published by Wizards of the Coast in 1993. The game was released on 26 June 2013 on PC (Steam),[1] Xbox 360 (Xbox Live Arcade), PlayStation 3 (PlayStation Network), iPad (iTunes), and Android devices (Google Play and the Amazon Appstore). It is the fourth game in the Magic: The Gathering – Duels of the Planeswalkers series. The gameplay follows that of the original card game, however within a more restrained framework. It includes a new feature, "Sealed Play", which allows players to open virtual booster packs and build their own decks. These decks can be used in the special Sealed campaign, and also in multiplayer.[2] The game, like all the previous installments, is priced $10.00 on all platforms. Additional slots for custom made decks can be purchased separately for $1.99. The sequel, Magic: The Gathering – Duels of the Planeswalkers 2015, was released in 2014. Magic 2014 - Duels of the Planeswalkers Stainless Games Ben Gunstone Designer(s) Robert Shaer Miles Boylan Steve Earl Microsoft Windows, PlayStation 3, Xbox 360, iOS, Android Collectible card game Mode(s) Single player, Multiplayer ReviewsEdit Duels of the Planeswalkers 2014 received largely positive reviews, scoring 83% on aggregated review site Metacritic.[3] The Digital Fix gave the game 9/10 with Rob Kershaw praising the tutorial and new Sealed Play mode, as well as the replay value.[4] The Game Scouts praised the game by saying "If you've retired slinging spells for a while and want to pop back in to see what Magic has become, DotP 2014 will convince you why you fell in love with the game to begin with." [5] ^ "Magic 2014 — Duels of the Planeswalkers on Steam". Retrieved 11 June 2013. ^ "Magic: The Gathering - Duels of the Planeswalkers 2014 breaks down the game's complications". Polygon. Retrieved 17 May 2013. ^ "Metacritic - Magic 2014: Duels of the Planeswalkers". Metacritic. Retrieved 20 August 2013. ^ "The Digital Fix- Magic 2014: Duels of the Planeswalkers". The Digital Fix. Retrieved 1 August 2013. ^ "Magic 2014: Duels of the Planeswalkers review". The Game Scouts. Retrieved 15 July 2013. Retrieved from "https://en.wikipedia.org/w/index.php?title=Magic:_The_Gathering_–_Duels_of_the_Planeswalkers_2014&oldid=851373795"	cc/2019-30/en_head_0031.json.gz/line750
__label__wiki	0.875448	0.875448	Quartering Acts (Redirected from Quartering Act) Quartering Act is a name given to two or more Acts of British Parliament requiring local governments of the American colonies to provide the British soldiers with housing and food. Each of the Quartering Acts was an amendment to the Mutiny Act and required annual renewal by Parliament.[1] They were originally intended as a response to issues that arose during the French and Indian War and soon became a source of tensions between the inhabitants of the Thirteen Colonies and the government in London, England. These tensions would later lead toward the American Revolution. Quartering Act 1765 General Thomas Gage, commander-in-chief of forces in British North America, and other British officers who had fought in the French and Indian War (including Major James Robertson), had found it hard to persuade colonial assemblies to pay for quartering and provisioning of troops on the march. Therefore, he asked Parliament to do something. Most colonies had supplied provisions during the war, but the issue was disputed in peacetime. The Province of New York was their headquarters, because the assembly had passed an Act to provide for the quartering of British regulars, but it expired on January 2, 1764,[2] The result was the Quartering Act 1765, which went far beyond what Gage had requested. No standing army had been kept in the colonies before the French and Indian War, so the colonies asked why a standing army was needed after the French had been defeated in battle. This first Quartering Act[3] was given Royal Assent on May 15, 1765,[4] and provided that Great Britain would house its soldiers in American barracks and public houses, as by the Mutiny Act 1765, but if its soldiers outnumbered the housing available, would quarter them in "inns, livery stables, ale houses, victualing houses, and the houses of sellers of wine and houses of persons selling of rum, brandy, strong water, cider or metheglin", and if numbers required in "uninhabited houses, outhouses, barns, or other buildings." Colonial authorities were required to pay the cost of housing and feeding these soldiers. When 1,500 British troops arrived at New York City in 1766 the New York Provincial Assembly refused to comply with the Quartering Act and did not supply billeting for the troops. The troops had to remain on their ships. With its great impact on the city, a skirmish occurred in which one colonist was wounded following the Assembly's refusal to provide quartering. For failure to comply with the Quartering Act, Parliament suspended the Province of New York's Governor and legislature in 1767 and 1769, but never carried it out, since the Assembly soon agreed to contribute money toward the quartering of troops;[5] the New York Assembly allocated funds for the quartering of British troops in 1771. The Quartering Act was circumvented in all colonies other than Pennsylvania. This act expired on March 24, 1776. Main article: Intolerable Acts The Quartering Act 1774 was known as one of the Coercive Acts in Great Britain, and as part of the intolerable acts in the colonies. This act applied to all colonies. Quartering: in time of War During the French and Indian War Britain had forcibly seized quarters in private dwellings.[6] In the American Revolutionary War, the New York Provincial Congress barracked Continental Army troops in private homes.[7] The Americans strongly opposed the quartering of British troops in their homes because the British Parliament had created the Mutiny Act under which the British army was supposed to be prohibited against quartering troops in private homes of citizens against their will. Although Parliament passed these laws in 1723, 1754, and 1756 the British Army ignored them in the Colonies. Because of this violation of their rights the colonies believed that liberty itself would be destroyed. Along with the fear of a loss of liberty, the colonists felt that the British army should be subordinate to civil authority since Parliament already stated that the army couldn't force quartering through the Mutiny Act.[8] With the growing worries of illegal quartering by the British, the Pennsylvania Assembly met and denied any quartering bill that guaranteed citizens could deny soldiers to stay in private homes. When the Assembly finally passed the quartering bill, the passage stating how soldiers could or could not be quartered in homes was omitted and it only outlined how the soldiers were to be quartered in public houses. That winter's harsh conditions led the British commander, Col. Henry Bouquet, to order the colonists to quarter his troops in other places than just private homes. Bouquet felt his troops couldn't survive the winter without better living conditions. Bouquet wrote a letter to the governor of Pennsylvania telling him to issue a warrant to allow the quartering of his troops in private homes. The governor issued the warrant but left it blank instead of directly listing what Col. Bouquet could or could not do. The Pennsylvania Assembly was outraged when they learned what their governor had done. But instead of asking for a veto on the warrant they asked for a review on how many troops could be quartered in a single home at a time. But the only response they received was that the king's troops must and will be quartered. In response to this the Assembly met on a Sunday for the first time. There they wrote a letter to the governor asking why their constitutional rights were being violated when The British Parliament laws favored the colonists.[9] In response to what was happening to the colonists, Benjamin Franklin opened up an Assembly meeting suggesting that soldiers could be quartered in public houses in the suburbs. This meant instead of the troops be directly in the city they would be in houses on the outskirts of the city on farms where they could potentially have more space. Governor Denny attended this Pennsylvania meeting and bluntly answered that the commander in chief, Lord Loudoun, had requested quartering for the troops in Philadelphia and if anybody had a problem with this then they should talk to him. The committeemen brought to light that they felt Denny was siding with the British military when instead as governor he should work to protect the rights of the colonists. The ongoing quarrel between State Assembly, governor, and Lord Loudoun wasn't a dispute between legislature and executive powers; but a contest for political liberty. The colonists had the same rights through British Parliament laws but they were not granted to them and instead threatened by bayonets for personal gain.[9] In Albany, New York the mayor had allocated $1,000 for the building of barracks for Loudoun's troops, but the barracks had not been built by the time the troops arrived. The mayor told Loudoun that he knew his rights and refused to let the troops be quartered in Albany. When the mayor stayed adamant on his beliefs of not allowing the troops to be quartered, Loudoun had them forcefully apply themselves in private homes.[9] In an early August committee meeting in Boston, Massachusetts, the governor was able to get the committee to pass a bill to grant money for the building of barracks. These barracks would accommodate up to one thousand troops. The barracks were built and all that had to be done was convince Loudoun to obey the procedures set by parliament. Everything went smoothly until two recruiting officers complained to governor Pawnall of Massachusetts that they were denied quarters in Boston. The response was that it was illegal to quarter in private homes in Boston and the committeemen suggested that they stay at the newly built barracks at Castle William. The timing of this new meeting with Lord Loudoun was extremely unfortunate. He was currently suffering losses in northern New York while trying to hold off the French and Indians. When he heard of what happened with the committeemen he argued that the current military crisis made it acceptable to quarter troops in private homes. A bill was then brought to the governor to sign that said troops could be quartered in homes but innkeepers had the right to complain to a judge if they felt too many soldiers were there. Loudoun was enraged with this and threatened to force troops upon civilians again. By the end of December, the Massachusetts legislature was able to get Loudoun to agree to quarter his troops at Castle William, which meant through the long process the colonists, were able to uphold their legal rights.[10] On May 3, 1765 the British Parliament met and finally passed a Quartering Act for the Americans. The act stated that troops could only be quartered in barracks and if there wasn't enough space in barracks then they were to be quartered in public houses and inns. If still not enough space then the governor and council were to find vacant space, but at no time was it legal to quarter troops in private homes.[11] Modern relevance A section of the United States Declaration of Independence listing the colonies' grievances against the King explicitly notes: For quartering large bodies of armed troops among us. The Third Amendment to the United States Constitution, expressly prohibited the military from peacetime quartering of troops without consent of the owner of the house. A product of their times, the relevance of the Acts and the Third Amendment has greatly declined since the era of the American Revolution, having been the subject of only one case in over 200 years,[citation needed] Engblom v. Carey in 1982.[citation needed] The Quartering Act was one of the reasons for the Second Amendment to the United States Constitution[citation needed], which prohibits infringing on the right of the people to keep and bear arms. Standing armies were mistrusted, and the First Congress considered quartering of troops to have been one of the tools of oppression before and during the American revolution.[citation needed] Dragonnade The Mutiny Acts ^ William Winthrop, Military Law and Precedents, 19-20 (2d ed., Government Printing Office 1920); "Quartering Act." ^ Kammen, pg. 355 ^ 5 Geo. III, c. 33. ^ Gordon Wood, The American Revolution (New York: Random House, 2002). ^ America During the Age of Revolution, 1766-1767, Library of Congress ^ Anderson, p. 649 ^ Schecter, pg. 90 ^ Rogers, pg. 7 ^ a b c Rogers, pg. 8 ^ Rogers, pg. 10 Ammerman, David (1999). "The Tea Crisis and its Consequences, through 1775". In Greene, Jack P.; Pole, J. R. (eds.). The Blackwell Encyclopedia of the American Revolution. Malden, Massachusetts: Blackwell. Kammen, Michael (1975). Colonial New York, A History. ISBN 0-684-14325-9. Ketchum, Richard (2002). Divided Loyalties, How the American Revolution Came to New York. ISBN 0-8050-6120-7. Rogers, J. Alan (February 1970). "Colonial Opposition to the Quartering of Troops During the French and Indian War". Military Affairs. 34 (1): 7–11. doi:10.2307/1984545. Schecter, Barnet (2002). The Battle of New York. ISBN 0-8027-1374-2. Cannon, John (2009). 'Intolerable Acts', The Oxford Companion to British History. ISBN 9780199567638. Gerlach, Don (1966). "A Note on the Quartering Act of 1774". The New England Quarterly. The New England Quarterly Inc. 39 (1): 80–88. doi:10.2307/363643. JSTOR 363643. Text of the Act of 1765 Retrieved from "https://en.wikipedia.org/w/index.php?title=Quartering_Acts&oldid=876844589"	cc/2019-30/en_head_0031.json.gz/line751
__label__wiki	0.879802	0.879802	1911 Encyclopædia Britannica/Dahomey < 1911 Encyclopædia Britannica ←Dahn, Julius Sophus Felix 1911 Encyclopædia Britannica, Volume 7 Daillé, Jean→ See also Dahomey on Wikipedia; and our 1911 Encyclopædia Britannica disclaimer. 14773191911 Encyclopædia Britannica, Volume 7 — Dahomey DAHOMEY (Fr. Dahomé), a country of West Africa, formerly an independent kingdom, now a French colony. Dahomey is bounded S. by the Gulf of Guinea, E. by Nigeria (British), N. and N.W. by the French possessions on the middle Niger, and W. by the German colony of Togoland. The French colony extends far north of the limits of the ancient kingdom of the same name. With a coast-line of only 75 m. (1° 38′ E. to 2° 46′ 55″ E.), the area of the colony is about 40,000 sq. m., and the population over 1,000,000. As far as 9° N. the width of the colony is no greater than the coast-line. From this point, the colony broadens out both eastward and westward, attaining a maximum width of 200 m. It includes the western part of Borgu (q.v.), and reaches the Niger at a spot a little above Illo. Its greatest length N. to S. is 430 m. Physical Features.—The littoral, part of the old Slave Coast (see Guinea), is very low, sandy and obstructed by a bar. Behind the seashore is a line of lagoons, where small steamers can ply; east to west they are those of Porto Novo (or Lake Nokue), Whydah and Grand Popo. The Weme (300 m. long), known in its upper course as the Ofe, the most important river running south, drains the colony from the Bariba country to Porto Novo, entering the lagoon so named. The Zu is a western affluent of the Weme. Farther west is the Kuffu (150 m. long), which, before entering the Whydah lagoon, broadens out into a lake or lagoon called Ahémé, 20 m. long by 5 m. broad. The Makru and Kergigoto, each of which has various affluents, flow north-east to the Niger, which in the part of its course forming the north-east frontier of the colony is only navigable for small vessels and that with great difficulty (see Niger). For some 50 m. inland the country is flat, and, after the first mile or two of sandy waste is passed, covered with dense vegetation. At this distance (50 m.) from the coast is a great swamp known as the Lama Marsh. It extends east to west some 25 m. and north to south 6 to 9 m. North of the swamp the land rises by regular stages to about 1650 ft., the high plateau falling again to the basin of the Niger. In the north-west a range of hills known as the Atacora forms a watershed between the basins of the Weme, the Niger and the Volta. A large part of the interior consists of undulating country, rather barren, with occasional patches of forest. The forests contain the baobab, the coco-nut palm and the oil palm. The fauna resembles that of other parts of the West Coast, but the larger wild animals, such as the elephant and hippopotamus, are rare. The lion is found in the regions bordering the Niger. Some kinds of antelopes are common; the buffalo has disappeared. Climate.—The climate of the coast regions is very hot and moist. Four seasons are well marked: the harmattan or long dry season, from the 1st December to the 15th March; the season of the great rains, from the 15th March to the 15th July; the short dry season, from the 15th July to the 15th September; and the “little rains,” from the 15th September to the 1st December. Near the sea the average temperature is about 80° F. The harmattan prevails for several days in succession, and alternates with winds from the south and south-west. During its continuance the thermometer falls about 10°, there is not the slightest moisture in the atmosphere, vegetation dries up or droops, the skin parches and peels, and all woodwork is liable to warp and crack with a loud report. Tornadoes occur occasionally. During nine months of the year the climate is tempered by a sea-breeze, which is felt as far inland as Abomey (60 m.). It generally begins in the morning, and in the summer it often increases to a stiff gale at sundown. In the interior there are but two seasons: the dry season (November to May) and the rainy season (June to October). The rains are more scanty and diminish considerably in the northern regions. Inhabitants.—The inhabitants of the coast region are of pure negro stock. The Dahomeyans (Dahomi), who inhabit the central part of the colony, form one of eighteen closely-allied clans occupying the country between the Volta and Porto Novo, and from their common tongue known as the Ewe-speaking tribes. In their own tongue Dahomeyans are called Fon or Fawin. They are tall and well-formed, proud, reserved in demeanour, polite in their intercourse with strangers, war-like and keen traders. The Mina, who occupy the district of the Popos, are noted for their skill as surf-men, which has gained for them the title of the Krumen of Dahomey. Porto Novo is inhabited by a tribe called Nago, which has an admixture of Yoruba blood and speaks a Yoruba dialect. The Nago are a peaceful tribe and even keener traders than the Dahomi. In Whydah and other coast towns are many mulattos, speaking Portuguese and bearing high-sounding Portuguese names. In the north the inhabitants—Mahi, Bariba, Gurmai,—are also of Negro stock, but scarcely so civilized as the coast tribes. Settled among them are communities of Fula and Hausas. There are many converts to Islam in the northern districts, but the Mahi and Dahomeyans proper are nearly all fetish worshippers. Chief Towns.—The chief port and the seat of government is Kotonu, the starting-point of a railway to the Niger. An iron pier, which extends well beyond the surf, affords facilities for shipping. Kotonu was originally a small village which served as the seaport of Porto Novo and was burnt to the ground in 1890. It has consequently the advantage of being a town laid out by Europeans on a definite plan. Situated on the beach between the sea and the lagoon of Porto Novo, the soil consists of heavy sand. Good hard roads have been made. Owing to an almost continuous, cool, westerly sea-breeze, Kotonu is, in comparison with the other coast towns, decidedly healthy for white men. Porto Novo (pop. about 50,000), the former French headquarters and chief business centre, is on the northern side of the lagoon of the same name and 20 m. north-east of Kotonu by water. The town has had many names, and that by which it is known to Europeans was given by the Portuguese in the 17th century. It contains numerous churches and mosques, public buildings and merchants’ residences. Whydah, 23 m. west of Kotonu, is an old and formerly thickly-populated town. Its population is now about 15,000. It is built on the north bank of the coast lagoon about 2 m. from the sea. There is no harbour at the beach, and landing is effected in boats made expressly to pass through the surf, here particularly heavy. Whydah, during the period of the slave-trade, was divided into five quarters: the English, French, Portuguese, Brazilian and native. The three first quarters once had formidable forts, of which the French fort alone survives. In consequence of the thousands of orange and citron trees which adorn it, Whydah is called “the garden of Dahomey.” West of Whydah, on the coast and near the frontier of Togoland, is the trading town of Grand Popo. Inland in Dahomey proper are Abomey (q.v.), the ancient capital, Allada, Kana (formerly the country residence and burial-place of the kings of Dahomey) and Dogba. In the hinterland are Carnotville (a town of French creation), Nikki and Paraku, Borgu towns, and Garu, on the right bank of the Niger near the British frontier, the terminus of the railway from the coast. Agriculture and Trade.—The agriculture, trade and commerce of Dahomey proper are essentially different from that of the hinterland (Haut Dahomé). The soil of Dahomey proper is naturally fertile and is capable of being highly cultivated. It consists of a rich clay of a deep red colour. Finely-powdered quartz and yellow mica are met with, denoting the deposit of disintegrated granite from the interior. The principal product is palm-oil, which is made in large quantities throughout the country. The district of Toffo is particularly noted for its oil-palm orchards. Palm-wine is also made, but the manufacture is discouraged as the process destroys the tree. Next to palm-oil the principal vegetable products are maize, guinea-corn, cassava, yams, sweet potatoes, plantains, coco-nuts, oranges, limes and the African apple, which grows almost wild. The country also produces ground-nuts, kola-nuts, pine-apples, guavas, spices of all kinds, ginger, okros (Hibiscus), sugar-cane, onions, tomatoes and papaws. Plantations of rubber trees and vines have been made. Cattle, sheep, goats and fowls are scarce. There is a large fishing industry in the lagoons. Round the villages, and here and there in the forest, clearings are met with, cultivated in places, but agriculture is in a backward condition. In the grassy uplands of the interior cattle and horses thrive, and cotton of a fairly good quality is grown by the inhabitants for their own use. The prosperity of the country depends chiefly on the export of palm-oil and palm-kernels. Copra, kola-nuts, rubber and dried fish are also exported, the fish going to Lagos. The adulteration of the palm-kernels by the natives, which became a serious menace to trade, was partially checked (1900–1903) by measures taken to ensure the inspection of the kernels before shipment. Trade is mainly with Germany and Great Britain, a large proportion of the cargo passing through the British port of Lagos. Only some 25% of the commerce is with France. Cotton goods (chiefly from Great Britain), machinery and metals, alcohol (from Germany) and tobacco are the chief imports. The volume of trade, which had increased from £701,000 in 1898 to £1,230,000 in 1902, declined in 1903 to £826,000 in consequence of the failure of rain, this causing a decrease in the production of palm-oil and kernels. In 1904 the total rose to £873,399. In 1905 the figure was £734,667, and in 1907 £853,051. By the Anglo-French Convention of 1898 the imposition of differential duties on goods of British origin was forbidden for a period of thirty years from that date. Communications.—The Dahomey railway from Kotonu to the Niger is of metre gauge (3.28 ft.). Work was begun in 1900, and in 1902 the main line was completed to Toffo, a distance of 55 m. Some difficulty was then encountered in crossing the Lama Marsh, but by the end of 1905 the railway had been carried through Abomey to Pauignan, 120 m. from Kotonu. In 1907 the rails had reached Paraku, 150 m. farther north. A branch railway from the main line serves the western part of the colony. It goes via Whydah to Segborué on Lake Ahémé. Besides the railways, tramway lines exist in various parts of Dahomey. One, 28 m. long, runs from Porto Novo through the market-town of Adjara to Sakete, close to the British frontier in the direction of Lagos. This line serves a belt of country rich in oil-palms. Kotonu is a regular port of call for steamers from Europe to the West Coast, and there is also regular steamship communication along the lagoons between Porto Novo and Lagos. There is a steamboat service between Porto Novo and Kotonu. A telegraph line connects Kotonu with Abomey, the Niger and Senegal. Administration.—The colony is administered by a lieutenant-governor, assisted by a council composed of official and unofficial members. The colony is divided into territories annexed, territories protected, and “territories of political action,” but for administrative purposes the division is into “circles” or provinces. Over each circle is an administrator with extensive powers. Except in the annexed territories the native states are maintained under French supervision, and native laws and customs, as far as possible, retained. Natives, however, may place themselves under the jurisdiction of the French law. Such natives are known as “Assimilés.” In general the administrative system is the same as that for all the colonies of French West Africa (q.v.). The chief source of revenue is the customs, while the capitation tax contributes most to the local budget. History.—The kingdom of Dahomey, like those of Benin and Ashanti, is an instance of a purely negro and pagan state, endowed with a highly organized government, and possessing a certain amount of indigenous civilization and culture. Its history begins about the commencement of the 17th century. At that period the country now known as Dahomey was included in the extensive kingdom of Allada or Ardrah, of which the capital was the present town of Allada, on the road from Whydah to Abomey. Allada became dismembered on the death of a reigning sovereign, and three separate kingdoms were constituted under his three sons. One state was formed by one brother round the old capital of Allada, and retained the name of Allada or Ardrah; another brother migrated to the east and formed a state known under the name of Porto Novo; while the third brother, Takudonu, travelled northwards, and after some vicissitudes established the kingdom of Dahomey. The word Dahomey means “in Danh’s belly,” and is explained by the following legend which, says Sir Richard Burton, “is known (1864) to everybody in the kingdom.” Takudonu having settled in a town called Uhwawe encroached on the land of a neighbouring chief named Danh (the snake). Takudonu wearied Danh by perpetual demands for land, and the chief one day exclaimed in anger “soon thou wilt build in my belly.” So it came to pass. Takudonu slew Danh and over his grave built himself a palace which was called Dahomey, a name thenceforth adopted by the new king’s followers. About 1724–1728 Dahomey, having become a powerful state, invaded and conquered successively Allada and Whydah. The Whydahs made several attempts to recover their freedom, but without success; while on the other hand the Dahomeyans failed in all their expeditions against Grand Popo, a town founded by refugee Whydahs on a lagoon to the west. It is related that the repulses they met with in that quarter led to the order that no Dahomeyan warrior was to enter a canoe. Porto Novo at the beginning of the 19th century became tributary to Dahomey. Such was the state of affairs at the accession of King Gezo about the year 1818. This monarch, who reigned forty years, raised the power of Dahomey to its highest pitch, extending greatly the border of his kingdom to the north. He boasted of having first organized the Amazons, a force of women to whom he attributed his successes. The Amazons, however, were state soldiery long before Gezo’s reign, and what that monarch really did was to reorganize and strengthen the force. In 1851 Gezo attacked Abeokuta in the Yoruba country and the centre of the Egba power, but was beaten back. In the same year the king signed a commercial treaty with France, in which Gezo also undertook to preserve “the integrity of the territory belonging to the French fort” at Whydah. The fort referred to was one built in the 17th century, and in 1842 made over to a French mercantile house. England, Portugal and Brazil also had “forts” at Whydah—all in a ruinous condition and ungarrisoned. But when in 1852 England, to prevent the slave-trade, blockaded the Dahomeyan coast, energetic protests were made by Portugal and France, based on the existence of these “forts.” In 1858 Gezo died. He had greatly reduced the custom of human sacrifice, and left instructions that after his death there was to be no general sacrifice of the palace women. Gezo was succeeded by his son Gléglé (or Gélélé), whose attacks on neighbouring states, persecution of native Christians, and encouragement of the slave-trade involved him in difficulties with Great Britain and with France. It was, said Earl Russell, foreign secretary, to check “the aggressive spirit of the king of Dahomey” that England in 1861 annexed the island of Lagos. Nevertheless in the following year Gléglé captured Ishagga and in 1864 unsuccessfully attacked Abeokuta, both towns in the Lagos hinterland. In 1863 Commander Wilmot, R.N., and in 1864 Sir Richard Burton (the explorer and orientalist) were sent on missions to the king, but their efforts to induce the Dahomeyans to give up human sacrifices, slave-trading, &c. met with no success. In 1863, however, a step was taken by France which was the counterpart of the British annexation of Lagos. In that year the kingdom of Porto Novo accepted a French protectorate, and an Anglo-French agreement of 1864 fixed its boundaries. This protectorate was soon afterwards abandoned by Napoleon III., but was re-established in 1882. At this period the rivalry of European powers for possessions in Africa was becoming acute, and German agents appeared on the Dahomeyan coast. However, by an arrangement concluded in 1885, the German protectorate in Guinea was confined to Togo, save for the town of Little Popo at the western end of the lagoon of Grand Popo. In January 1886 Portugal—in virtue of her ancient rights at Whydah—announced that she had assumed a protectorate over the Dahomeyan coast, but she was induced by France to withdraw her protectorate in December 1887. Finally, the last international difficulty in the way of France was removed by the Anglo-French agreement of 1889, whereby Kotonu was surrendered by Great Britain. France claimed rights at Kotonu in virtue of treaties concluded with Gléglé in 1868 and 1878, but the chiefs of the town had placed themselves under the protection of the British at Lagos. With the arrangements between the European powers the Dahomeyans had little to do, and in 1889, the year in which the Anglo-French agreement was signed, trouble arose between Gléglé and the French. The Dahomeyans were the more confident, as through German and other merchants at Whydah they were well supplied with modern arms and ammunition. Gléglé claimed the right to collect the customs at Kotonu, and to depose the king of Porto Novo, and proceeded to raid the territory of that potentate (his brother). A French mission sent to Abomey failed to come to an agreement with the Dahomeyans, who attributed the misunderstandings to the fact that there was no longer a king in France! Gléglé died on the 28th of December 1889, two days after the French mission had left his capital. He was succeeded by his son Behanzin. A French force was landed at Kotonu, and severe fighting followed in which the Amazons played a conspicuous part. In October 1890 a treaty was signed which secured to France Porto Novo and Kotonu, and to the king of Dahomey an annual pension of £800. It was unlikely that peace on such terms would prove lasting, and Behanzin’s slave-raiding expeditions led in 1892 to a new war with France. General A. A. Dodds was placed in command of a strong force of Europeans and Senegalese, and after a sharp campaign during September and October completely defeated the Dahomeyan troops. Behanzin set fire to Abomey (entered by the French troops on the 17th of November) and fled north. Pursued by the enemy, abandoned by his people, he surrendered unconditionally on the 25th of January 1894, and was deported to Martinique, being transferred in 1906 to Algeria, where he died on the 10th of December of the same year. Thus ended the independent existence of Dahomey. The French divided the kingdom in two—Abomey and Allada—placing on the throne of Abomey a brother of the exiled monarch. Chief among the causes which led to the collapse of the Dahomeyan kingdom was the system which devoted the flower of its womanhood to the profession of arms. Whydah and the adjacent territory was annexed to France by General Dodds on the 3rd of December 1892, and the rest of Dahomey placed under a French protectorate at the same time. The prince who had been made king of Abomey was found intriguing against the French, and in 1900 was exiled by them to the Congo, and with him disappeared the last vestige of Dahomeyan sovereignty. Dahomey conquered, the French at once set to work to secure as much of the hinterland as possible. On the north they penetrated to the Niger, on the east they entered Borgu (a country claimed by the Royal Niger Company for Great Britain), on the west they overlapped the territory claimed by Germany as the hinterland of Togo. The struggle with Great Britain and Germany for supremacy in this region forms one of the most interesting chapters in the story of the partition of Africa. In the result France succeeded in securing a junction between Dahomey and her other possessions in West Africa, but failed to secure any part of the Niger navigable from the sea (see Africa: History, and Nigeria). A Franco-German convention of 1897 settled the boundary on the west, and the Anglo-French convention of the 14th of June 1898 defined the frontier on the east. In 1899, on the disintegration of the French Sudan, the districts of Fada N’Gurma and Say, lying north of Borgu, were added to Dahomey, but in 1907 they were transferred to Upper Senegal-Niger, with which colony they are closely connected both geographically and ethnographically. From 1894 onward the French devoted great attention to the development of the material resources of the country. The “Customs.”—Reference has already been made to the Dahomey “Customs,” which gave the country an infamous notoriety. The “Customs” appear to date from the middle of the 17th century, and were of two kinds: the grand Customs performed on the death of a king; and the minor Customs, held twice a year. The horrors of these saturnalia of bloodshed were attributable not to a love of cruelty but to filial piety. Upon the death of a king human victims were sacrificed at his grave to supply him with wives, attendants, &c. in the spirit world. The grand Customs surpassed the annual rites in splendour and bloodshed. At those held in 1791 during January, February and March, it is stated that no fewer than 500 men, women and children were put to death. The minor Customs were first heard of in Europe in the early years of the 18th century. They formed continuations of the grand Customs, and “periodically supplied the departed monarch with fresh attendants in the shadowy world.” The actual slaughter was preluded by dancing, feasting, speechmaking and elaborate ceremonial. The victims, chiefly prisoners of war, were dressed in calico shirts decorated round the neck and down the sleeves with red bindings, and with a crimson patch on the left breast, and wore long white night-caps with spirals of blue ribbon sewn on. Some of them, tied in baskets, were at one stage of the proceedings taken to the top of a high platform, together with an alligator, a cat and a hawk in similar baskets, and paraded on the heads of the Amazons. The king then made a speech explaining that the victims were sent to testify to his greatness in spirit-land, the men and the animals each to their kind. They were then hurled down into the middle of a surging crowd of natives, and butchered. At another stage of the festival human sacrifices were offered at the shrine of the king’s ancestors, and the blood was sprinkled on their graves. This was known as Zan Nyanyana or “evil night,” the king going in procession with his wives and officials and himself executing the doomed. These semi-public massacres formed only a part of the slaughter, for many women, eunuchs and others within the palace were done to death privately. The skulls were used to adorn the palace walls, and the king’s sleeping-chamber was paved with the heads of his enemies. The skulls of the conquered kings were turned into royal drinking cups, their conversion to this use being esteemed an honour. Sir Richard Burton insists (A Mission to Gelele, King of Dahome) that the horrors of these rites were greatly exaggerated. For instance, the story that the king floated a canoe in a tank of human blood was, he writes, quite untrue. He denies, too, that the victims were tortured, and affirms that on the contrary they were treated humanely, and, in many cases, even acquiesced in their fate. It seems that cannibalism was a sequel of the Customs, the bodies of the slaughtered being roasted and devoured smoking hot. On the death of the king the wives, after the most extravagant demonstrations of grief, broke and destroyed everything within their reach, and attacked and murdered each other, the uproar continuing until order was restored by the new sovereign. Amazonian Army.—The training of women as soldiers was the most singular Dahomeyan institution. About one-fourth of the whole female population were said to be “married to the fetich,” many even before their birth, and the remainder were entirely at the disposal of the king. The most favoured were selected as his own wives or enlisted into the regiments of Amazons, and then the chief men were liberally supplied. Of the female captives the most promising were drafted into the ranks as soldiers, and the rest became Amazonian camp followers and slaves in the royal households. These female levies formed the flower of the Dahomeyan army. They were marshalled in regiments, each with its distinctive uniform and badges, and they took the post of honour in all battles. Their number has been variously stated. Sir R. F. Burton, in 1862, who saw the army marching out of Kana on an expedition, computed the whole force of female troops at 2500, of whom one-third were unarmed or only half-armed. Their weapons were blunderbusses, flint muskets, and bows and arrows. A later writer estimated the number of Amazons at 1000, and the male soldiers at 10,000. The system of warfare was one of surprise. The army marched out, and, when within a few days’ journey of the town to be attacked, silence was enjoined and no fires permitted. The regular highways were avoided, and the advance was by a road specially cut through the bush. The town was surrounded at night, and just before daybreak a rush was made and every soul captured if possible; none were killed except in self-defence, as the first object was to capture, not to kill. The season usually selected for expeditions was from January to March, or immediately after the annual “Customs.” The Amazons were carefully trained, and the king was in the habit of holding “autumn manœuvres” for the benefit of foreigners. Many Europeans have witnessed a mimic assault, and agree in ascribing a marvellous power of endurance to the women. Lines of thorny acacia were piled up one behind the other to represent defences, and at a given signal the Amazons, barefooted and without any special protection, charged and disappeared from sight. Presently they emerged within the lines torn and bleeding, but apparently insensible to pain, and the parade closed with a march past, each warrior leading a pretended captive bound with a rope. Bibliography.—Notre Colonie de Dahomey, by G. François (Paris, 1906), and Le Dahomey (1909), an official publication, deal with topography, ethnography and economics; L. Brunet and L. Giethlen, Dahomey et dépendances (Paris, 1900); Édouard Foà, Le Dahomey (Paris, 1895). Religion, laws and language are specially dealt with in Ewe-Speaking Peoples of the Slave Coast, by A. B. Ellis (London, 1890), and in La Côte des Esclaves et le Dahomey, by P. Bouche (Paris, 1885). Much historical matter, with particular notices of the Amazons and the “Customs,” is contained in A Mission to Gelele, by Sir R. Burton (London, 1864). The story of the French conquest is told in Campagne du Dahomey, by Jules Poirier (Paris, 1895). The standard authority on the early history is The History of Dahomey, by Archibald Dalzel (sometime governor of the English fort at Whydah) (London, 1793). The annual Reports issued by the British, Foreign, and French Colonial Offices may be consulted, and the Bibliographie raisonnée des ouvrages concernant le Dahomey, by A. Pawlowski (Paris, 1895), is a useful guide to the literature of the country to that date. A Carte du Dahomey, by A. Meunier, (3 sheets, scale 1:500,000), was published in Paris, 1907. Retrieved from "https://en.wikisource.org/w/index.php?title=1911_Encyclopædia_Britannica/Dahomey&oldid=9008882"	cc/2019-30/en_head_0031.json.gz/line752
__label__cc	0.703167	0.296833	50,000 to visit Cork for Choral Festival Cork International Choral Festival will bring a city to life with song Almost 5,000 world class singers and 50,000 visitors from across Ireland, Europe and beyond will descend on Cork over the May Bank Holiday weekend from 26-30 April for the 63rd annual Cork International Choral Festival. The Festival, which is the oldest in Cork and one of Europe’s most prestigious Choral Festivals, will bring Cork to life with song over the weekend with a series of gala concerts, national and international competitions, schools concerts, workshops, seminars, and free outdoor performances across over 90 venues in the city and county. There are 114 performances and events scheduled, including 6 ticketed gala events and performances by 16 international groups from 13 different countries – Canada, England, Finland, France, Germany, Greece, Italy, Japan, Macedonia, Spain, Sweden, Taiwan, and Wales. There will also be dozens of other gatherings throughout the city as the event always spills out to the streets of Cork, including many impromptu performances in pubs, cafes, restaurants, churches and libraries – wherever you turn you will hear a harmony of voices. 2017 looks like it will be one of the most exciting years yet with something for everyone – choral and music lovers alike. Highlights include the Grammy® award winning acapella group, The Swingles, Verdi’s Requiem with the Cork Fleischmann Symphony Orchestra, ‘The Great Mystery’ by Chamber Choir Ireland, a performance by New Dublin Voices in Cork’s North Cathedral, the International Fleishmann Gala choir competition and everyone’s cherished Closing Gala Concert. Three new works will be featured and given their world premières in Cork – a new composition by David Fennessy, Ne Reminicaris, jointly commissioned by Cork International Choral Festival and Chamber Choir Ireland and City Shower by John Lonergan, the winner of this year’s Seán Ó Riada Composition Competition (supported by the Ó Riada family), both of which will feature at the Gala performance on Friday evening. Commenting, Sinéad Dunphy, Festival Manager, said, “Situated at the gateway to Ireland’s Ancient and the Wild Atlantic Way, Cork is unique in its position to be able to deliver an internationally acclaimed Festival. Each year the event attracts over 50,000 and packs out every hotel, restaurant and bar with singers and music lovers”. “The event is one of the top festivals in the country and is the perfect chance for locals and visitors alike to enjoy a fantastic line-up of the best choirs and voices from around the world. We hope everyone joins in the fun.”	cc/2019-30/en_head_0031.json.gz/line755
__label__wiki	0.657493	0.657493	Who is Kimberly Anne Scott? Kimberly Anne Scott is an American woman whose connection with famous rap star Eminem is noteworthy for her on and off. Her ex-husband is regarded as one of the most controversial and best-selling artists of the early 21st century who gained such tremendous fame after he released his multi-platinum album The Slim Shady LP in early 1999. Early Life of Kimberly Anne Scott Fig: Kimberly Anne Scott's sister Dawn Scott Kimberly Anne Scott was born in Warren, Michigan, the USA on January 9, 1975. She also had Dawn Scott, a twin sister who died in January 2016. She belongs to mixed ethnical background. Kimberly is Casimer Slick (dad) and Kathleen Sluck's daughter. She and her sister’s childhood was quite horrible which is why at the age of thirteen, both sisters ran away from an alcoholics home. She went to Lincon High School where she met Eminem whose real name is Marshal Bruce Mathers. The career of Kimberly Anne Scott After her tumultuous connection with her ex-husband, Eminem, Scott received enormous attention. Eminem is one of the most decorated male rappers of the generation. He too had a troubled childhood. The rapper gained huge popularity and established himself as one of the prominent rappers in the world of rap after releasing his multi-platinum album The Slim Shady LP in early 1999. The album also earned him two Grammy Awards too. On June 2017, Eminem made an appearance at the premiere of HBO’s ‘The Defiant Ones’ alongside collaborator Dr. Dre and producer Jimmy Iovine. Similarly, Eminem continued to work on his rap career and began recording demos in the basement of a restaurant where he worked in St.Clair Shores, Mich. During that period of time, Kim became pregnant with his child. Kimberly Anne Scott's Controversy In June 2000, in a Warren, Mich. nightclub parking lot, Eminem saw Kimberly Anne Scott kissing a friend on his cheek. However, he did not take the incident lightly and assaulted the man and was also arrested for it. He was pled guilty and received a sentence of two years. Similarly, in 2000, Kim went to see one of Eminem’s concerts in Detroit. However, Eminem played the song and assaulted a blow-up doll stand-in for Kim, to a rapturous response from the crowd. She was not able to handle the embarrassment which is why she drove home and slit her wrists after the show. Net Worth of Kimberly Anne Scott Kimberly Anne Scott's net worth is estimated at about $2 million. However, her ex-husband, Eminem has a jaw-dropping net worth of $220 million, as of 2019. Fig: Kimberly Anne Scott house in Detroit (Img src: Instagram) Scott is the 6th richest rappers in the World. When her first divorce settlement in 2001 the court ordered Eminem to pay her $52000 annually for spousal support and child custody. The rapper won $600,000 on his damages after New Zealand high court has found the National Party guilty on singer Eminem's copyright. In a 2014 election campaign advertisement, the National Party was discovered to have broken the copyright. Personal Life of Kimberly Anne Scott Fig: Kimberly Anne Scott with her ex-husband Eminem Kimberly Anne Scott is currently single. She gave birth to their first baby girl Hailie Jade on December 25, 1995. In addition, Hailie put a pressure on Em and Kim’s relationship and the couple also split briefly in 1996. Eminem moved back to his mother’s house again and Kim taking Hailie to live in another place. Sorting out the differences between them, Kim and Eminem got married in 1999 in St.Joseph, Mo. However, the marriage only lasted for two years, ending in 2001. Their relationship was always a rollercoaster ride for them. After six years of their divorce, they remarried in January 2006 and decided to be a better husband and wife to each other this time. However, this marriage also did not the last long they got in April 2006. Eminem also has a daughter called Alaina Marie Mathers. But Alaina's real mother is Dawn Scott who was adopted to the Mather's family as a kid. In May 2018, Big Bank singer Nicki Minaj reported dating Eminem. It all started when Nicki Minaj responded with a fan question stating "she is dating Eminem". After Scott and Eminem's first child, Whitney Scott Mathers was born on April 16, 2002, as their second daughter. The birth of a daughter suddenly changed the life of the couple as that was a very big responsibility for them. She has also given birth to a child named Parker Scott but the father of the baby has not been disclosed. Facts of Kimberly Anne Scott Kimberly has been in the spotlight following some media charade fueled by her ex-husband. She often attempted suicide but then does it worth it? She was spat on the stage and was made to become an object of ridicule by Eminem. Nicki MinajEminemWhitney Scott MathersKimberly Anne ScottJimmy IovineHailie JadeAlaina Marie Mathers Charlie Zelenoff bio, Career, Personal life, Early life, Net worth, Facts Cherry Crush bio, Career, Early life, Personal life, Net worth, Facts Casey Neistat bio, Career, Early life, Personal life, Net worth, Facts Chandler Riggs bio, Career, Personal life, Early life, Net worth, Facts Bonnie Dupree bio, Career, Personal life, Early life, Netw worth, Facts Brodus Clay bio, Career, Early life, Personal life, Net worth, Facts Barry Van Dyke bio, Career, Early life, Personal life, Net worth, Facts Who is Andy Cohen? His bio, Career, Early life, Personal life, Net worth, Facts Alix Bailey bio, Career, Early life, Personal life, Net worth, Facts Alexandra Steele bio, Career, Early life, Personal life, Net worth, Facts Wayne Brady bio, Career, Early life, Personal life, Net worth, Facts Vince Gill bio, Career, Early life, Personal life, Net worth, Facts Vinny Guadagnino Bio, Career, Early life, Personal life, Net worth Facts Troy Aikman Bio, Career, Early life, Personal life, Net worth, Facts Trisha Yearwood bio, Career, Early life, Personal life, Net worth, Facts	cc/2019-30/en_head_0031.json.gz/line756
__label__cc	0.601987	0.398013	Home » Divisions » Office of Inspector General Contact OIG 3900 Commonwealth Boulevard, MS 40 Tallahassee, FL 32399-3000 OIG Quick Links Internal Investigation Florida Statutes 20.055 Office of the Chief Inspector General All OIG Content The mission of the Office of Inspector General is to promote integrity, accountability, and efficiency within the Department. The Office of Inspector General conducts independent and objective audits, reviews, and investigations of Department issues and Programs, in order to assist in protecting, conserving, and managing Florida's environmental and natural resources. The Office of Inspector General consists of two sections: Candie Fuller-Inspector General of Office of Inspector General.jpg Candie Fuller, Inspector General Candie Fuller joined the Department of Environmental Protection in August 2011 after serving as the Inspector General for the Department of Community Affairs for three years. Fuller has been employed with the state of Florida for over 22 years, gaining experience in contract and grant management, financial management, single audit compliance, auditing and investigations. Prior to her employment with the state, she worked in the banking industry. Fuller is a graduate of Auburn University, where she earned a Bachelor of Science Degree in Accounting. Pursuant to Florida Statutes 20.055, the Office of Inspector General is a central point for the coordination of and responsibility for activities that promote accountability, integrity and efficiency within DEP. The Office of Inspector General Duties Advise in the development of performance measures, standards and procedures for evaluating department programs, assess the reliability and validity of performance measures, and make recommendations for improvement. Review actions taken by the department to improve program performance and meet program standards, while making recommendations for improvement, if necessary. Provide direction for, supervise and coordinate audits, investigations and management reviews relating to the department's operations. Conduct, supervise and coordinate other activities to promote economy and efficiency and activities designed to prevent and detect fraud and abuse in DEP. Keep the Secretary and Chief Inspector General informed concerning fraud, waste, abuse and deficiencies in programs and operations, recommend corrective action and provide progress reports. Ensure effective coordination and cooperation between the Auditor General, federal auditors and other governmental bodies, with a view toward avoiding duplication. Review DEP rules and make recommendations relating to their impact. Ensure that an appropriate balance is maintained between audits, investigations and other accountability activities. Comply with the General Principles and Standards for Offices of Inspector General, as published and revised by the Association of Inspectors General. 3900 Commonwealth Blvd., MS 40 Direct Line: 850-245-2548 candie.fuller@dep.state.fl.us OIG Programs View All OIG Programs The Internal Audit Section conducts audits and reviews of the department's programs and activities, pursuant to 20.055, F.S. The Internal Investigations Section conducts preliminary inquiries, reviews or investigations into complaints received, pursuant to 20.055, F.S.	cc/2019-30/en_head_0031.json.gz/line758
__label__wiki	0.970008	0.970008	Handsfree & Hip Kizik and its retractable F.A.S.T. heel construction aims to reinvent how shoes are made and worn. Greg Dutter \| July 1, 2018 One of the beauties of the footwear business is that just when you’ve think you’ve seen it all—every silhouette, material, colorway, embellishment, breakthrough technology and gimmick—something comes along to dispel the notion that there’s nothing new under the shoe sun. Kizik and its accompanying handsfree pop-in and go F.A.S.T. (Foot Activated Shoe Technology) construction is one such example. The shoes fit like a glove, and the titanium wire heel counter snaps back into place every time. No more stooping over, and no more tying laces—it’s a breakthrough technology that has appeal to kids on up to senior citizens. It’s the “physics of Kizik,” says Pat Hogan, president, that makes the brand unique. The proprietary technology provides an automatic fit, thanks to the titanium wire that creates exceptional rebound strength, longevity and flexibility. The retractable heel material is built to repeatedly collapse and instantly regain its shape. In addition, the customized fit is achieved with two Velcro strips on both sides of the tongue to accommodate a high or low arch. Hogan, an industry veteran whose resume includes executive positions at Tommy Hilfiger, Nordstrom.com, the former Brown Shoe Company (Calares) and Rockport, knew right away that F.A.S.T. was something special. “It’s really a breakthrough in design, because there is no battery, no computer and Nike self-lacing shoes cost around $795,” he says, noting Kizik’s suggested retail for men’s is $180 to $190 and women’s, debuting this fall, will be $150 to $160. “This is the simplest form of construction that allows a foot into the shoe and then rebounding around the foot for a secure and comfortable fit,” Hogan says. Dave Levy, owner of Hawley Lane Shoes, a four-store comfort chain based in Connecticut, was sold on the concept at first try-on. “I got a pair of hand-me-down shoes from Pat and when I put them on, I was like, ‘Oh, my God!”’ he says. Levy and Hogan worked together on the launch of Tommy Hilfiger footwear back in the ’90s. Hogan invited him to Kizik’s Park City, UT, offices, a.k.a. “The Bunker,” where inventor and founder Mike Pratt designed the original sneaker styles and is busily adapting the F.A.S.T. to a range of silhouettes, including sandals (next spring) and even boots down the road. “He’s the smartest guy I’ve ever met. He’s like an Elon Musk.” Levy gushes. “This technology is real deal. You can put them on sitting down or standing up, and it just pops on. It’s unbelievable.” Levy knows of what he speaks. Prior to his retailing days, one of his wholesale stints involved managing Converse’s basketball division. The man has come across all sorts of “latest technologies,” which he says are often (gasp!) gimmicks. Kizik is different. Levy considers its F.A.S.T. construction to be life-changing for a broad range of consumers. “For half of my customers, it’s a cool convenience and for the other half, it’s a necessity,” he says. “It’s a lifestyle and not just a trend. It’s not like I might get a couple of years out of it and then it trends out.” Women’s Paris slip-on. The proof is in Kizik’s early sell-through, according to Levy. Since bringing the selection of just two men’s styles into his stores last fall, sales have been eye-popping. In fact, Kizik already ranks sixth in dollars for Hawley Lane, and its top SKU is out-selling all the SKUs of the stores’ second-ranked brand. “Recently, we sold 71 pairs in one week,” Levy says. “And men’s is only 15 percent of my overall business. It’s a huge boost to my bottom line, and with women’s launching in September we’re going to have an absolute field day with this brand.” Once the assortment can support it, Levy envisions Kizik concept shops in his stores—something that he is very selective about doing. “I would never just say that as we’ve been approached by many brands to open concept shops, but with Kizik I wouldn’t even think twice about,” he says. Bob Schwartz, owner of Eneslow Shoes & Orthotics in New York, is also bullish on the prospects of Kizik. The shoes have just arrived, and he reports the sales team is impressed. “The versatility and multiple-use applications can help make this a new category at a commercial level,” he Schwartz. “[Kizik] has the potential to be an industry leader. All successful functional footwear brands understand it has to start with the fit, comfort, quality, durability and styling. If those are right, the concept has nine-figure potential and possibly more.” What might help make such growth possible and manageable, Hogan says, is the plan to license F.A.S.T. to other brands that fall out of Kizik’s brand width. Rather than try to break into a new category with Kizik golf or kids’ shoes, Hogan believes licensing the technology is the better way to go. “Kizik is the premium brand that houses F.A.S.T., which is our invention house” he says. “We’re really two companies that, combined, are on a mission to design and innovate all categories of footwear to go and off your foot handsfree. We have patents and patent-pending inventions to achieve that eventually in every category.” Credit goes to Pratt, the brain trust behind it all. Like many inventors, Hogan says Pratt is an under-the-radar type that prefers to be working on the next breakthrough technology as opposed to being the front man. “Mike’s mind works completely different than anyone I’ve ever met,” Hogan says. “He has literally a garage filled with hundreds of inventions and materials. It’s absolutely amazing.” Pratt made his mark in the luggage business. He was founder and chairman of Ogio, where he introduced a broad range of innovative bags, luggage and backpacks. He sold the company to Callaway Golf about five years ago to focus on his shoe inventions. It was about two years ago when he met Hogan, and the two got to work on building a shoe company. Like most great brands, Hogan says it all starts with a premise backed by a legitimate technology that delivers something new to the marketplace. “Mike asked why does a shoe have to be built like the way it has been? Why can’t you do it this way?” he says. It’s so revolutionary, Hogan adds, that it’s allowed Kizik to open some of the best factories in the world, which is uncommon for a startup. “They’ve taken us on because of what they see,” he says. “Some of the factory owners have told Mike that they have been trying to figure this out for 30 years.” Now comes the blocking and tackling to build a successful brand for the long-term. Distribution strategies, marketing programs, brand positioning are up and running, according to Hogan. “We’re in about 40 stores now, mostly independent retailers to build our deep roots,” he says, adding that Dillard’s is also carrying the brand and Zappos has signed on to launch men’s and women’s this fall. “We’ve got an online strategy to build and protect our brand,” he adds. A national marketing plan is also in the works, with ads having already been placed in USA Today and The Wall Street Journal to support retail partners in addition to a national TV campaign in the works. Kizik will also make its trade show debut at The Atlanta Shoe Market and FN Platform shows next month. “The soft, under-the-radar launch is complete—we’ve tested the product and advertising in select retailers and now have a successful formula to move forward,” Hogan says, noting Hawley Lane has sold more than 300 pairs to date. “That’s why I’m hungry for more categories,” Levy says. “Once customers see how the shoes pop on and fit, they’re sold. They’re coming back asking for more colors and styles. I called Mike last week and said, ‘All I want to know is, what’s next.’”	cc/2019-30/en_head_0031.json.gz/line760
__label__wiki	0.701839	0.701839	I understand Learn more CB7 5HL http://www.fordhaminvestments.co.uk Independent financial Advice Copyright © 2018 Fordham Investment Services, registered in England and Wales company no. 10787611 which is an appointed Representative of New Leaf distribution ltd, which is authorised and regulated by the Financial Conduct Authority reference 460421. Registered Office 1st Floor Princess Caroline House, 1 High Street, Southend on Sea, Essex, SS1 1JE. Privacy Policy	cc/2019-30/en_head_0031.json.gz/line761
__label__cc	0.536183	0.463817	Wings of Desire (Wim Wenders, 1987) February 26, 2019 / Red Metal Since the descent of the Iron Curtain, Berlin has been divided by an imposing wall. Unbeknownst to the citizens of Berlin, two angels, Damiel and Cassiel, watch the over the city. Adults cannot perceive the existence of these angels while children seem to be vaguely aware of them. As Cassiel says, their reason for existing is to assemble, testify, and preserve reality. While some of their subjects dream of peace and others have given into despair, Damiel eventually learns of a trapeze artist named Marion. Living by herself in a caravan in West Berlin, she is a very lonely, depressed individual. To his surprise, Damiel begins developing feelings for her, and contemplates a decision that will forever change the nature of his immeasurably long existence. Director Wim Wenders had lived and worked in the United States for eight years, creating highly-regarded films such as The American Friend and Paris, Texas. He then decided to return to his native West Germany and began conceiving a new road film he was to name Until the End of the World. He planned for the film to be released in 1985, but realized the project would not be ready for at least another two years. This was a problem because he wished to return to photography as soon as possible. He was thus compelled to consider an entirely different project. To this end, Mr. Wenders took inspiration from the poetry of Rainer Maria Rilke, saying angels seemed to dwell in his words. During his film treatment, Mr. Wenders considered a backstory wherein God exiled his angels to Berlin. The slight He felt worthy of such a punishment was his angels deciding to defend humans when He Himself desired to forsake them. This backstory was eventually excised in the drafting phase. Whether or not the angels in Wings of Desire answer to a higher being is never made clear. In fact, God is never even mentioned in the film. Instead, the nature of their existence suggests they themselves are analogues to God. These beings have existed since the beginning of time, and they had wait eons before creatures bearing their likeness, humans, began to appear. Though Mr. Wenders forewent his original idea of how the angels came to watch over the world, trace elements remain in the final product. Despite clearly having a lot of affection for West Berlin, he does not overlook its checkered past. On a wider scale, his film doesn’t sugarcoat the atrocities committed by humankind. Sprinkled throughout the film are brief snippets of the destruction caused by the Second World War. Many of those atrocities give way to the general, ordinary misery felt by the citizens of Berlin in the peaceful present – particularly in how gloomy of a wasteland the area surrounding the Berlin Wall seems to be. What is commendable about the angels in Wings of Desire is that their faith in humankind never waivers. Indeed, I truly admire the overall tone of Wings of Desire because of how unapologetically optimistic it manages to be. The European arthouse film stereotype had been fully cemented in the public eye by 1987. Every erudite film by the ethos of the high-minded directors had to be a slow-paced, cynical, navel gazing think piece on the human condition. Though this doesn’t even begin to fully cover the stylistic ground covered by the films under the arthouse umbrella, it’s not a wholly undeserved reputation. What makes the optimism in Wings of Desire work so well is that it doesn’t come across as disingenuous in any capacity. Cassiel muses about how humans have fought and persecuted each other since they gained sentience. Damiel simply counters by pointing out how humans have always loved each other as well. Though this would seem to paint Cassiel as the cynical foil to Damiel, he too is shown deeply care about humans. An affecting moment is when he attempts to stop a young man from committing suicide. Tragically, the man jumps too quickly for Cassiel to influence his thoughts to make him reconsider. These are beings who have existed long before the dawn of humans and witnessed every single atrocity they’ve committed, yet they never consider them a lost cause. These beings would attempt to steer humanity in the right direction even if they were on the brink of extinction. For their part, the citizens of Berlin demonstrate that the angel’s faith in them isn’t misplaced. Throughout the narrative, a film about Berlin’s past under the Third Reich starring actor Peter Falk is being shot. It’s their way of acknowledging their past mistakes and a desire to craft a better future. Whether someone saw Wings of Desire when it came out or long after the fact, one of the first things the average viewer is going to notice is the cinematography. Color had been accepted as the industry standard long before the original release of this film. It was to the point where when Martin Scorsese’s landmark biographical feature Raging Bull premiered in 1980, that he chose to shoot it in black-and-white caught many filmgoers off-guard. With Wings of Desire, Mr. Wenders appears to tangentially follow in the footsteps of Mr. Scorsese in how his work is deliberately devoid of color so as to invoke a certain mood. From here, the audience accepts that the lack of color just happens to be Mr. Wenders stylistic choice. Little did they know that he was about to go a step further with the idea. As Damiel shows interest in Marion, we get to see things from her perspective for a brief moment. Suddenly, the film is in color. The narrative doesn’t treat this as unusual, carrying on as normal until everything is monochrome once more. When you see later scenes shot in color contrasted with the ones remaining in black-and-white, you begin catching on to what Mr. Wenders was trying to do. The scenes shot in black-and-white represent the metaphysical plane on which the angels reside. What they see is the world, but not quite as it is. For want of the mortal, human experience, they may as well be watching a film – albeit with the ability to subtly influence its actors and actresses. Meanwhile, the color scenes depict the world as seen through the eyes of humans. Andrei Tarkovsky had previously experimented with this monochrome-and-color dichotomy in his 1983 effort Nostalghia, but with the benefit of a comprehensible narrative, Wim Wenders’s own take on the concept was far more successful. The most significant turning point in the film is when Damiel begins observing Peter Falk. To the angel’s surprise, the actor is able to sense his presence. It is revealed that Falk was once an angel. He had grown tired of always observing and never experiencing as well as the general tedium that comes with an eternal existence. Realizing he too has become weary of infinity and yearns for the genuineness of the human experience, Damiel decides to follow Peter Falk’s example. Once Damiel casts away his immortality, he experiences life for the first time. He is immediately fascinated with the many mundane sensations we take for granted such as seeing colors and tasting food. Even the simple act of feeling pain and bleeding entrances him. Barely knowing where to start, he seeks out Falk to ask him what he should do. Though the actor tells the former angel of what he has done since he became human, he ultimately places the burden of discovering the answers on him. Eventually, he discovers Marion at a concert hall where Nick Cave and the Bad Seeds are performing. As if she was subconsciously aware of his presence all along, she greets him and talks about finally finding a serious love capable of making her feel complete. In the end, Damiel reflects on his time with Marion, realizing she taught him how to feel amazed, gaining knowledge no angel could ever possess. The story beats that drive the final act arguably resonate more in the internet age than in 1987. With many people choosing to retreat into their entertainment options to decidedly unhealthy degrees, they miss out on what life has to offer. Much like how the angels in Wings of Desire have limited influence over their world, the typical internet addict would only watch what unfolds around them. They may comment on it through social media, but they wouldn’t go out and experience any of what the world has to offer for themselves. It does mean they miss out on worst aspects of life, but there would be so many great things to which they turn a blind eye. Nothing in life is guaranteed, but taking a chance and putting oneself out there is ultimately more fulfilling than being a fixture of the background. Cassiel pointedly does not follow Falk’s example when offered the chance. His decision allows him to continue to exist and not exist at the same time. In a striking scene, the world around him he chooses to shun is in color while he himself remains monochrome. Even without this admittedly anachronistic interpretation, Wings of Desire could be seen as an allegory against excessive hermitage and reclusive predilections. From the standpoint of a mortal, the idea of giving away eternal life would seem downright foolhardy. However, taking a Taoist stance, the narrative makes the case that one must accept the bad along with the good in life. Once you accept your low points for what they are, you can make something of your life and find reward and meaning in your personal triumphs. Wings of Desire is without a doubt one of the greatest films of the eighties. It initially presents itself as a morose fantasy tale, detailing the basest sins committed by humankind. However, at the end of the day, it accepts these atrocities and accents the good aspects of humanity that rarely receive recognition – especially among the more philosophically inclined filmmakers. Though Wings of Desire is universally beloved by cinephiles, I get the feeling some would argue it’s a good film dampened by its idealism. I, on the other hand, believe that the narrative is enhanced by its brazen idealism and not held back by it. It handles its subject matter in a far more mature, nuanced fashion than the stereotypical bleak film conceived by the fatalistic director who chastises their audience for having hope in their fellow humans. If you’re hesitant to see Wings of Desire because it’s an arthouse film, don’t be. Much like Krzysztof Kieślowski, Wim Wenders has a knack of causally dropping erudite themes in his narrative without once coming across as aloof or pretentious. His is a film that absolutely takes its audience seriously. Whether you’re entirely new to these kinds of films or a connoisseur of them, Mr. Wenders’s masterwork has a lot to offer even to this day, displaying a level of earnestness and wisdom few have matched much less surpass. 1980s Films, Bruno Ganz, Curt Bois, Film, Films, German Films, Movies, Otto Sander, Peter Falk, Solveig Dommartin, Wim Wenders, Wings of Desire ← Badlands (Terrence Malick, 1973) Super Mario Sunshine → 6 thoughts on “Wings of Desire (Wim Wenders, 1987)” Vigour of Film Lines I agree with the interpretation. Idealism, if it is well-grounded, and here it is – is definitely a good thing to present. Here, the most basic fact is portrayed, as you suggested, humans do evil, but they also do good. They hate, but they love. It can be pretentious when there is some “pink humanism” in question, but here it works wonderfully. Great article, I enjoyed it. Thanks! Glad you enjoyed this review. I myself think the problem with a lot of fiction criticism is that enthusiasts tend to let works with weak premises off the hook as long as they’re nihilistically cynical. The problem I have with such works, as you suggest, is that they’re not grounded; all of the good things humanity is capable of is either swept under the rug or otherwise conveniently nonexistent. You could easily make a drinking game out the times positive critiques of satirical works use the word “scathing” (though I wouldn’t recommend it if you enjoy having a functioning liver). Whenever I see that word used, I always ask “but is it a good story?” I can appreciate their purpose, but in a lot of cases, the answer is no. In practice, they come across as that terrible supervisor we’ve all had at one point who simply cannot acknowledge a job well done if their life depended on it. Wings of Desire avoids this pitfall and it’s an effort superior to a significant chunk of its peers because of it. You made some interesting parallels here. I agree that cynicism is on the rise, this may be a reason why Sloterdijk’s work is so popular. In a day or two I’ll publish an article interpreting (among other films), Bela Tarr’s Damnation. It is an exercise in passive nihilism, and it does not negate the good aspects of humanity but withour reserves shows the weakest aspects of the modern individual, it lacks hope and possibility of redemption/salvation and does in no means “scathe” humanity, but shows the individuality as degraded. The metaphysical is more important than the individual in the end, he is some kind of vessel which foretells doom. It is one of the earliest Tarr films, it kind of falls in line with your critique, but on the other hand it is completely different. I am interested in things you might want to say about, but to emphasize again and get back to the topic of your article, great work (interpretation of Wings of Desire)! Wonderful, detailed analysis of a brilliant masterwork. Love this film, and it’s great to see many revisits/reignited appreciation for this classic of late. Thank you! I’m glad you enjoy it as well. I knew Wings of Desire was something special the minute I heard its premise, and it more than lived up to the hype. Also, Nick Cave. I think there’s been a lot of renewed interest in this film because Bruno Ganz recently passed away – of intestinal cancer, sadly. I myself actually watched the film on the same week he died, and I wouldn’t learn of his death until I saw it on the “In Memoriam” portion of the Oscars. A real shame. 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__label__wiki	0.526378	0.526378	Foreclosure Defenses v Motion to Dismiss Strategy Posted by BNG in Affirmative Defenses, Federal Court, Foreclosure Defense, Judicial States, Non-Judicial States, Pleadings, Pro Se Litigation, State Court, Your Legal Rights Affirmative defense, Complaint, Defendant, Federal Rules of Civil Procedure, Lawsuit, Motions, Summary judgment, United States federal courts § 6.5 Motions to Dismiss Generally (a) Motions to Dismiss: Strategy Why is discussion of motions to dismiss placed before the section on answering the complaint? The reason is that every complaint must at one point be evaluated to determine whether or not dismissal would be appropriate, even though many such motions fail. If a strong motion to dismiss can be made, it should be seriously considered. This is especially true where the motion is to be based on a fundamental insufficiency in the complaint, such that little factual investigation is required by the defense, and where answering the complaint and preparing affirmative defenses, counterclaims, cross claims or third party complaints would be a substantial undertaking. There is also a conceptual reason: the idea of a motion to dismiss is that the complaint — or more specifically, the claim — is so lacking in merit that no answer is necessary. Certainly if that is the case, and it seems likely that the judge can be made to agree that dismissal is appropriate, there is no reason to start drafting an answer. (b) Practical Considerations Successful motions to dismiss a complaint are a rarity, more the subject of law school civil procedure classes than actual practice. There are several reasons for this. One is the modern doctrine mandating liberal pleadings standards. In effect this means that courts will look not so much at the artfulness in the drafting of the complaint as much as the substance of the purported claim. There is also a corollary to this doctrine: The courts have a general policy of determining actions on the merits. The effect of these approaches must be fully appreciated when considering the seeming promise of motions to dismiss, especially motions for failure to state a claim under FRCP 12(b)(6). Too often a brilliant motion to dismiss the complaint that ruthlessly exposes holes and inconsistencies in the pleadings results only in the plaintiff’s filing, at the court’s invitation, an amended complaint now free of all the deficiencies pointed out in the motion. All that is accomplished substantively is that the plaintiff has been forced to focus on its case and, with the assistance of the court’s decision on the dismissal motion, recast areas in which its complaint was weak. In the process the defendant has helped the plaintiff eliminate sinkholes and traps in the complaint that may have been useful to the defense on a later summary judgment motion or at trial. Furthermore, judges sometimes become de facto “advocates” of claims “revived” in their opinions denying motions to dismiss. For these reasons a motion to dismiss a fundamentally meritorious claim based on technical deficiencies may not be worth the price of the motion and of the defense’s credibility with the judge. Faced with obvious weaknesses in the plaintiff’s case, it may be worth considering whether a stronger motion may be brought as a summary judgment application following a limited amount of discovery. In this instance keep in mind that many judges will not permit summary judgment motions prior to the close of discovery because of their wariness of “dueling affidavits” as a basis for making substantive rulings. None of this is to say that there is no place for Rule 12(b) motions. There are times when the defendant simply should not have to appear in federal court, or at least not in the venue where suit has been brought. Perhaps there is an arbitration clause, bargained for at some cost, on which the defendant is entitled to rely. Some complaints are just too lacking in merit to be worthy of the defendant’s time and money. And though the phrase has become a cliche, in the right circumstance there is something to be said for “educating the judge” about a case by bringing a Rule 12 motion early on, even if, while meritorious, the motion may not be enough to end the proceedings. § 6.6 FRCP 12(b) Motions to Dismiss (a) Time to Move Just as with any other response to a complaint, a motion to dismiss under FRCP 12(b) must be made within 20 days of receipt of the summons and complaint. Making the motion stops the clock on the answer itself, pursuant to FRCP 12(a)(4). This applies to the whole of the pleadings, regardless of what part of the complaint is the subject of the motion to dismiss. Therefore, it has been held that a motion to dismiss one count of a 10-count complaint stays the time to answer the entire complaint. Note, however, that this fact should not give rise to “creative” approaches to obtaining more time to answer the complaint. Courts have defaulted parties for filing frivolous FRCP 12 motions solely to extend time. If the motion is denied or postponed, the answer is due within 10 days of receiving notice of the court’s action. As usual, an eye must be kept on discovery. Here local rules may govern whether discovery is stayed; or the judge may have a policy that is embodied in a standing order or that is simply stated to the parties when the motion is filed. The parties also may seek from the court either a stay of discovery or permission to proceed. (b) Strategy: Defenses vs. Motions to Dismiss FRCP 12(b) requires all defenses to be asserted in the answer, but directs that the following seven of them may be resolved by motion or merely left as defenses: 1. Lack of subject matter jurisdiction 2. Lack of personal jurisdiction 3. Improper venue 4. Insufficiency of process 5. Insufficiency of service of process 6. Failure to state a claim on which relief can be granted 7. Failure to join a party under Rule 19. These seven are the Rule 12 bases for motions to dismiss. The question arises whether they should be invoked in such a motion, asserted as a defense, or both. These grounds for dismissal should always be asserted as defenses if available in good faith, regardless of whether motion practice is intended when the answer is filed or even if motions have been brought and have failed on these bases. Ultimately, however, FRCP 12(d) requires that the merits of FRCP 12 defenses must be decided at some point before trial, unless the court decides otherwise. The exception to this is where the court lacks subject matter jurisdiction, discussed in the next section. (c) Subject Matter Jurisdiction, FRCP 12(b)(1) As discussed in Chapter 1 “Subject Matter Jurisdiction” supra, federal courts are courts of limited jurisdiction. The complaint must state that the requirements of subject matter jurisdiction are met in the matter. More importantly, they must actually be met. If a court lacks subject matter jurisdiction, it simply has no authority to decide the case — even if the parties are willing to waive objection or stipulate to the federal court’s jurisdiction. For this reason, a challenge to the court’s subject matter jurisdiction may be brought at any time, even after final judgment is entered and regardless of the prejudice that would result by dismissing the action after proceedings have been under way. On a motion challenging jurisdiction, the court tests the existence of subject matter jurisdiction as of the date the lawsuit was filed, not later. It is not a useful strategy, therefore, to attempt to deprive the court of jurisdiction in a diversity case after the suit is filed by having the defendant move its domicile to the same state as the plaintiff. As the party invoking the federal court’s jurisdiction, the plaintiff must show that it has the right to do so. Therefore, once the defendant attacks the basis of the court’s subject matter jurisdiction, it has shifted the burden of coming forward to the plaintiff. § 6.7 Motions to Dismiss Under FRCP 12(b)(6) (a) Introduction The successful FRCP 12(b)(6) application is the home run of motions. It is a challenge made at the very beginning of a case and strikes at the very heart of the lawsuit. It is a statement that even if the plaintiff were given every benefit of the doubt and everything it claimed were true, the plaintiff’s claim should be dismissed — either because it is not legally cognizable or because sufficient facts have not been alleged to make out a cognizable claim. When considering a 12(b)(6) motion, the court presumes that all the allegations of the complaint are true; it resolves all doubts or inferences in the plaintiff’s favor; and it reads the complaint in the light most favorable to the plaintiff. Needless to say, the burden of proof on such a motion is on the party making it. No material from outside the pleadings may be considered or the motion will be considered one for summary judgment (see Section 6.7(d), infra). Given all these benefits and the liberal pleading requirements of the Rules, all the plaintiff has to do to survive the motion is make out some sort of claim for which a court might provide relief. For every home run, therefore, there are innumerably more strikeouts or at best routine hits (i.e., when partial dismissal is granted as to some claims). The purpose of this section is to assist in picking the right pitches, and to consider when a “long out” (see Section 6.7(c)(3), “Educating the Judge,” infra) can have the desired effect, even though the ball stays in the park. (b) Issues to Raise with Clients There is little that is more satisfying in commercial litigation defense than winning a dramatic 12(b)(6) motion on behalf of a defendant eager to end a potentially expensive and vexatious court case. Conversely, the attorney should visualize the expression on the client representative’s face as he realizes the implications of an unsuccessful 12(b)(6) motion in a commercial case — unless he has been adequately counseled about the potential costs, risks and rewards involved in the undertaking. Because the plaintiff is given every benefit of the doubt in both law and fact, the 12(b)(6) motion theoretically requires the movant to “play out” every factual scenario demonstrate that the pleading alleges enough facts to state a claim to relief that is “plausible” within the four corners of the complaint. Similarly, every plausible legal theory that might provide relief to the plaintiff, based on the facts pleaded, must be considered. For this reason the 12(b)(6) motion can, in some instances, be more costly and difficult than a summary judgment motion, though the motion to dismiss does not usually involve extensive affidavits as does a summary judgment application. In the latter proceeding, however, it is easier to limit the factual scenario that must be considered by submission of competent evidence that circumscribes the possibilities sketched out by the pleadings. That is harder to do under 12(b)(6), though much depends on the judge’s inclinations. Indeed, as a final caveat to the 12(b)(6) approach, practitioners should advise their clients that granting the motion takes a certain level of judicial confidence that not every court can muster. The number of cases overturning 12(b)(6) dismissals surely dwarfs those that affirm such rulings, and it is the path of least resistance simply to decree that it would be more appropriate to decide the issues after “some discovery” has been taken. This seems to the judge like not deciding the motion, and in a sense it is; yet it is a denial of the motion, for the effects of which the defendant must be prepared. Still and all there is a place for the judicious use of a 12(b)(6) motion. That place is not only the obvious case where the complaint puts forth a cause of action that is plainly not justifiable (e.g., seeking damages for invasion of privacy arising from the defendant’s alleged use of microwave beams to read the plaintiff’s mind5). The scenarios in which a 12(b)(6) motion is appropriate will be discussed below in Section 6.7(c). The critical point is to lay out the risks, rewards and benefits clearly for the client to allow a maximally informed choice about whether to proceed. (c) Reasons to Bring a 12(b)(6) Motion Despite the long odds, there are several reasons why a defendant might bring a 12(b)(6) motion, only one of which is that it might succeed in full: (1) Elimination of Plainly Nonjusticiable Cases It should go without saying that a 12(b)(6) motion is the appropriate vehicle for certain lawsuits that, on simple inspection, do not make out claims for legal relief. There is some point where even the minimal pleading requirements are not met, where even given every benefit of the doubt, the facts alleged cannot in any way be scrambled to create a cause of action. Identifying the line between the obvious and the less obvious candidates for inclusion in this category requires a certain amount of experience, but it can fairly be said that some complaints fall into the category of “I [the judge] know it when I see it.” This must be contrasted, however, with the situation where the plaintiff has pleaded facts that in themselves may add up to a valid legal claim but has set forth inappropriate legal theories as the basis for recovery. Dismissal will not be granted when this is the case, though if the complaint is truly incomprehensible, the defendant may be entitled to relief under FRCP 12(e), a motion for a more definite statement (see Section 6.8(c), infra). (2) Cutting off Novel Legal Theories Faced with a complaint, some commercial clients may have an interest, eminently reasonable, in “snuffing out” novel legal theories put forth or even suggested by the complaint. Such theories of recovery may pose a larger threat to some defendants’ interests than the immediate pending litigation. In such cases clients might put a very high premium on delivering a crashing blow to the plaintiff and discouraging similar litigation by those similarly situated. These are the situations, however, where fully apprising the client of the range of possibilities under 12(b)(6) is essential. The unsuccessful 12(b)(6) motion in this situation may be far worse than no motion at all and will, in all likelihood, have precisely the opposite effect from the one intended because the judge may help the plaintiff articulate the theory better. Since most 12(b)(6) motions are unsuccessful, taking this approach is one of the more daring maneuvers in commercial litigation. The risk of this preemptive strike strategy, great as it is inherently, is heightened by a line of authority stating that it is precisely where novel legal theories are proffered that dismissal is inappropriate, on the theory that development in discovery — the bugaboo of motions to dismiss — can help the court assess the propriety of the claim. (3) “Educating the Judge” There may be some situations, as discussed in Section 6.5(b), supra, where a 12(b)(6) motion is an appropriate vehicle to put the defendant’s prima facie case in front of the judge, even though it is not likely to prevail. (Of course, it must still be brought in good faith, i.e., counsel must believe that it could prevail.) For example, a motion driven by the “educating the judge” goal could be useful if a fairly short track until trial is anticipated and collateral issues, or some “straw man” in the complaint, could unduly sway the court to the plaintiff’s point of view, affecting interlocutory decisions or even the trial. Similarly, the 12(b)(6) motion could clarify for the court early on just how high a burden of proof the plaintiff will have to meet to make its case. Here the 12(b)(6) motion is a way of amplifying and framing the defense in a way that the answer, even with properly crafted affirmative defenses, cannot do. There are risks in this strategy. One is that judges can usually recognize it from afar and may not appreciate what may seem like manipulation. Another is the likelihood that in complex litigation a long discovery and motion schedule, and the attendant involvement of a magistrate, stand between the pleadings stage and trial. In that case the judge’s preliminary opinion on the merits of the respective parties will matter less than the magistrate’s view of the proper scope of interrogatories. (4) Educating the Adversary When facing a plaintiff whose litigation posture is vulnerable, a forceful motion may be the right tactic. Even a less assailable plaintiff may greet a motion to dismiss, and the attendant effort required to defend against it, with a new sense of realism about the ultimate sustainability of its claim or its desire to proceed as well as about the defendant’s resources and abilities. (5) Partial Dismissal Finally, the utility of a motion to dismiss under 12(b)(6) should be considered in light of the availability of partial dismissal, i.e., dismissal of only part of a complaint or of some but not all counts of a complaint. This tool can be very powerful in the defense of commercial cases. Many cases involving multiple counts, often including fraud, conspiracy or RICO claims, merely come down to a basic dispute over a contract. Besides providing spurious bases for federal jurisdiction, illegitimate counts such as those are added because they make available punitive, treble or other enhanced damages as well as attorneys’ fees, none of which are normally available in contract actions. Often these “add ons” can be eliminated early, even before discovery, because many such claims have specific pleading requirements that act as gatekeepers at the earliest stage of the litigation. If it is successful with a partial dismissal motion, the defendant can: – close off potentially dangerous or unreasonably burdensome areas of discovery; – knock the wind out of a complaint’s sails and perhaps cause the plaintiff to question its counsel’s judgment; and – fulfill the “education of the judge” function by undermining the credibility of the plaintiff’s claims as well as its way of presenting them to the court. (d) Conversion into Summary Judgment Motion If materials extrinsic to the pleadings are submitted to the court in support of or in opposition to a 12(b)(6) motion, the court does not have to consider them. Under FRCP 12(b), however, once the court does consider such matter the motion is automatically “converted” to a motion for summary judgment pursuant to FRCP 56. Material does not literally have to be bound into the complaint to be considered “intrinsic” to it and a proper part of the consideration of a 12(b)(6) motion, without a “conversion” taking place. Courts have considered, on motions under 12(b)(6), SEC filings and other public records, legislative histories, concurrently or earlier filed pleadings and papers not part of the motion, and any documents incorporated by reference in the pleadings. It can fairly be said that any oral or written evidence not already “in the record” — public or court, physically or by reference — is regarded as “extrinsic” and will spur a conversion. If the court does convert the 12(b)(6) motion to a summary judgment motion, it opens the door for all parties to submit their own evidence in support of the motion. [Update: It must therefore give the parties an opportunity to make the appropriate submissions.] Rather than entertain a full blown summary judgment motion at this stage, most judges will simply deny the motion until “the record is developed.” (e) Procedure Motion practice in general is discussed in Chapter 24 “Motion Practice,” infra. Regarding the 12(b)(6) motion in particular, take note of FRCP 12(d) which authorizes, subject to the court’s discretion, the motion hearing that is the essence of 12(b)(6) practice. How Backlog of Court Cases In Nevada & Other States Will Help Homeowners Save Their Homes Posted by BNG in Discovery Strategies, Federal Court, Judicial States, Non-Judicial States, State Court Appellate court, Courts of Nevada, Kristina Pickering, Las Vegas, National Center for State Courts, Nevada, Nevada Supreme Court, Tuesday A report released Tuesday detailing caseloads at Nevada courthouses has administrators urging voters to approve a constitutional amendment next year to create a statewide appellate court. “The numbers show the unrelenting demand for court services in Nevada,” Supreme Court Chief Justice Kristina Pickering said in a statement accompanying the Annual Report of the Nevada Judiciary. Pickering said Nevada courts meet the needs of Nevada business and citizens, despite limited resources and declines in staffing. But she also called the Nevada appeals caseload one of the largest in the nation and a serious problem for people held for months pending criminal trials and for litigants waiting years for the resolution of civil cases. Nevada is one of 11 states, plus the District of Columbia, without an intermediate appeals court. Among those states, the seven justices on the Nevada Supreme top the list in cases per justice, the report states. The Nevada high court received 2,333 appeals in 2013 — far more than the next-highest, West Virginia, with 1,524. The Nevada court disposed of 2,373 cases but it still had almost 1,900 cases pending. Backlogs can be a key measure of court performance, said Greg Hurley, an analyst with the National Center for State Courts. The nonprofit, based in Williamsburg, Va., studies court issues around the country. “Clearance rate is probably the single most important thing for case managers to monitor,” Hurley said. “Backlogs, once established, can be very difficult to clear.” A study of 2010 court caseloads around the country put Nevada last among 25 states with courts of general jurisdiction in clearance rate for civil cases. Forty-six states have general jurisdiction courts, which hear a range of cases including criminal, civil, family and probate. Nevada also ranked last among 23 states in a comparison of clearance rates for domestic relations cases. Nevada Supreme Court spokesman Bill Gang said Nevada’s district court clearance rates for civil cases improved from 82 percent in 2010 to 119 percent in fiscal 2013, after the state added 10 judges in Las Vegas. The clearance rate in domestic relations cases remained about the same as in 2010, Gang said. The 52-page annual Nevada courts report released Tuesday projects the cost of establishing a three-judge appeals court at about $1.5 million, and suggests it might save other costs. Overall, the state court administration and management budget was just under $62 million in 2013. About one-third, or almost $21 million, went to the salaries of justices and district judges. In all, courts in the 10 districts around the state took in 129,026 non-traffic cases in 2013, or 1,300 more than the previous year. The 82 judges in those courts disposed of 128,170 cases, down 2.5 percent from the previous year. The 52 state judges in the Clark County courthouse handled an average of 1,840 cases each during the fiscal year ending June 30. That made the Las Vegas-area courts by far the busiest in the state. By comparison, the 15 state court judges in Washoe County each handled an average of 1,308 cases in fiscal 2013. The two judges in the 7th District covering Eureka, Lincoln and White Pine counties handled 400 cases each. If you find yourself in an unfortunate situation of losing or about to lose your home to wrongful fraudulent foreclosure, and need a complete package that will help you challenge these fraudsters and save your home from foreclosure visit: http://www.fightforeclosure.net The backlog of Nevada as well as other states where homeowners needs home saving foreclosure solutions may result to the delay needed to plan your effective legal strategy to save your home. Wrongful Foreclosure Homeowner Wins – State Law Prevailed While Securitizatiion Failed Posted by BNG in Affirmative Defenses, Appeal, Case Laws, Case Study, Federal Court, Foreclosure Defense, Fraud, Judicial States, Legal Research, Litigation Strategies, Loan Modification, Non-Judicial States, Pleadings, Pro Se Litigation, Securitization, State Court, Trial Strategies, Your Legal Rights Bank of America, California Court of Appeal, Deed of Trust, Foreclosure, Glaski, New York, Thomas Glaski, Washington Mutual Before Washington Mutual Bank, FA (WaMu) was seized by federal banking regulators in 2008, it made many residential real estate loans and used those loans as collateral for mortgage-backed securities.1 Many of the loans went into default, which led to nonjudicial foreclosure proceedings. Some of the foreclosures generated lawsuits, which raised a wide variety of claims. The allegations that the instant case shares with some of the other lawsuits are that (1) documents related to the foreclosure contained forged signatures of Deborah Brignac and (2) the foreclosing entity was not the true owner of the loan because its chain of ownership had been broken by a defective transfer of the loan to the securitized trust established for the mortgage-backed securities. Here, the specific defect alleged is that the attempted transfers were made after the closing date of the securitized trust holding the pooled mortgages and therefore the transfers were ineffective. In this appeal, the borrower contends the trial court erred by sustaining defendants’ demurrer as to all of his causes of action attacking the nonjudicial foreclosure. We conclude that, although the borrower’s allegations are somewhat confusing and may contain contradictions, he nonetheless has stated a wrongful foreclosure claim under the lenient standards applied to demurrers. We conclude that a borrower may challenge the securitized trust’s chain of ownership by alleging the attempts to transfer the deed of trust to the securitized trust (which was formed under New York law) occurred after the trust’s closing date. Transfers that violate the terms of the trust instrument are void under New York trust law, and borrowers have standing to challenge void assignments of their loans even though they are not a party to, or a third party beneficiary of, the assignment agreement. H. Causes of Action Stated Based on the foregoing, we conclude that Glaski’s fourth cause of action has stated a claim for wrongful foreclosure. It follows that Glaski also has stated claims for quiet title (third cause of action), declaratory relief (fifth cause of action), cancellation of instruments (eighth cause of action), and unfair business practices under Business and Professions Code section 17200 (ninth cause of action). We therefore reverse the judgment of dismissal and remand for further proceedings. THOMAS A. GLASKI, Plaintiff and Appellant, BANK OF AMERICA, NATIONAL ASSOCIATION et al. Defendants and Respondents. No. F064556. Court of Appeals of California, Fifth District. Filed July 31, 2013. Publish order August 8, 2013. Law Offices of Richard L. Antognini and Richard L. Antognini; Law Offices of Catarina M. Benitez and Catarina M. Benitez, for Plaintiff and Appellant. AlvaradoSmith, Theodore E. Bacon, and Mikel A. Glavinovich, for Defendants and Respondents. CERTIFIED FOR PUBLICATION FRANSON, J. Before Washington Mutual Bank, FA (WaMu) was seized by federal banking regulators in 2008, it made many residential real estate loans and used those loans as collateral for mortgage-backed securities.[1] Many of the loans went into default, which led to nonjudicial foreclosure proceedings. Some of the foreclosures generated lawsuits, which raised a wide variety of claims. The allegations that the instant case shares with some of the other lawsuits are that (1) documents related to the foreclosure contained forged signatures of Deborah Brignac and (2) the foreclosing entity was not the true owner of the loan because its chain of ownership had been broken by a defective transfer of the loan to the securitized trust established for the mortgage-backed securities. Here, the specific defect alleged is that the attempted transfers were made after the closing date of the securitized trust holding the pooled mortgages and therefore the transfers were ineffective. FACTS – The Loan Thomas A. Glaski, a resident of Fresno County, is the plaintiff and appellant in this lawsuit. The operative second amended complaint (SAC) alleges the following: In July 2005, Glaski purchased a home in Fresno for $812,000 (the Property). To finance the purchase, Glaski obtained a $650,000 loan from WaMu. Initial monthly payments were approximately $1,700. Glaski executed a promissory note and a deed of trust that granted WaMu a security interest in the Property (the Glaski deed of trust). Both documents were dated July 6, 2005. The Glaski deed of trust identified WaMu as the lender and the beneficiary, defendant California Reconveyance Company (California Reconveyance) as the trustee, and Glaski as the borrower. Paragraph 20 of the Glaski deed of trust contained the traditional terms of a deed of trust and states that the note, together with the deed of trust, can be sold one or more times without prior notice to the borrower. In this case, a number of transfers purportedly occurred. The validity of attempts to transfer Glaski’s note and deed of trust to a securitized trust is a fundamental issue in this appeal. Paragraph 22—another provision typical of deeds of trust—sets forth the remedies available to the lender in the event of a default. Those remedies include (1) the lender’s right to accelerate the debt after notice to the borrower and (2) the lender’s right to “invoke the power of sale” after the borrower has been given written notice of default and of the lender’s election to cause the property to be sold. Thus, under the Glaski deed of trust, it is the lender-beneficiary who decides whether to pursue nonjudicial foreclosure in the event of an uncured default by the borrower. The trustee implements the lender-beneficiary’s decision by conducting the nonjudicial foreclosure.[2] Glaski’s loan had an adjustable interest rate, which caused his monthly loan payment to increase to $1,900 in August 2006 and to $2,100 in August 2007. In August 2008, Glaski attempted to work with WaMu’s loan modification department to obtain a modification of the loan. There is no dispute that Glaski defaulted on the loan by failing to make the monthly installment payments. Creation of the WaMu Securitized Trust In late 2005, the WaMu Mortgage Pass-Through Certificates Series 2005-AR17 Trust was formed as a common law trust (WaMu Securitized Trust) under New York law. The corpus of the trust consists of a pool of residential mortgage notes purportedly secured by liens on residential real estate. La Salle Bank, N.A., was the original trustee for the WaMu Securitized Trust.[3] Glaski alleges that the WaMu Securitized Trust has no continuing duties other than to hold assets and to issue various series of certificates of investment. A description of the certificates of investment as well as the categories of mortgage loans is included in the prospectus filed with the Securities and Exchange Commission (SEC) on October 21, 2005. Glaski alleges that the investment certificates issued by the WaMu Securitized Trust were duly registered with the SEC. The closing date for the WaMu Securitized Trust was December 21, 2005, or 90 days thereafter. Glaski alleges that the attempt to assign his note and deed of trust to the WaMu Securitized Trust was made after the closing date and, therefore, the assignment was ineffective. (See fn. 12, post.) WaMu’s Failure and Transfers of the Loan In September 2008, WaMu was seized by the Office of Thrift Supervision and the Federal Deposit Insurance Corporation (FDIC) was appointed as a receiver for WaMu. That same day, the FDIC, in its capacity as receiver, sold the assets and liabilities of WaMu to defendant JPMorgan Chase Bank, N.A., (JP Morgan). This transaction was documented by a “PURCHASE AND ASSUMPTION AGREEMENT WHOLE BANK” (boldface and underlining omitted) between the FDIC and JP Morgan dated as of September 25, 2008. If Glaski’s loan was not validly transferred to the WaMu Securitized Trust, it is possible, though not certain, that JP Morgan acquired the Glaski deed of trust when it purchased WaMu assets from the FDIC.[4] JP Morgan also might have acquired the right to service the loans held by the WaMu Securitized Trust. In September 2008, Glaski spoke to a representative of defendant Chase Home Finance LLC (Chase),[5] which he believed was an agent of JP Morgan, and made an oral agreement to start the loan modification process. Glaski believed that Chase had taken over loan modification negotiations from WaMu. On December 9, 2008, two documents related to the Glaski deed of trust were recorded with the Fresno County Recorder: (1) an “ASSIGNMENT OF DEED OF TRUST” and (2) a “NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST” (boldface omitted; hereinafter the NOD). The assignment stated that JP Morgan transferred and assigned all beneficial interest under the Glaski deed of trust to “LaSalle Bank NA as trustee for WaMu [Securitized Trust]” together with the note described in and secured by the Glaski deed of trust.[6] Notice of Default and Sale of the Property The NOD informed Glaski that (1) the Property was in foreclosure because he was behind in his payments[7] and (2) the Property could be sold without any court action. The NOD also stated that “the present beneficiary under” the Glaski deed of trust had delivered to the trustee a written declaration and demand for sale. According to the NOD, all sums secured by the deed of trust had been declared immediately due and payable and that the beneficiary elected to cause the Property to be sold to satisfy that obligation. The NOD stated the amount of past due payments was $11,200.78 as of December 8, 2008.[8] It also stated: “To find out the amount you must pay, or to arrange for payment to stop the foreclosure, … contact: JPMorgan Chase Bank, National Association, at 7301 BAYMEADOWS WAY, JACKSONVILLE, FL 32256, (877) 926-8937.” Approximately three months after the NOD was recorded and served, the next official step in the nonjudicial foreclosure process occurred. On March 12, 2009, a “NOTICE OF TRUSTEE’S SALE” was recorded by the Fresno County Recorder (notice of sale). The sale was scheduled for April 1, 2009. The notice stated that Glaski was in default under his deed of trust and estimated the amount owed at $734,115.10. The notice of sale indicated it was signed on March 10, 2009, by Deborah Brignac, as Vice President for California Reconveyance. Glaski alleges that Brignac’s signature was forged to effectuate a fraudulent foreclosure and trustee’s sale of his primary residence. Glaski alleges that from March until May 2009, he was led to believe by his negotiations with Chase that a loan modification was in process with JP Morgan. Despite these negotiations, a nonjudicial foreclosure sale of the Property was conducted on May 27, 2009. Bank of America, as successor trustee for the WaMu Securitized Trust and beneficiary under the Glaski deed of trust, was the highest bidder at the sale. On June 15, 2009, another “ASSIGNMENT OF DEED OF TRUST” was recorded with the Fresno County Recorder. This assignment, like the assignment recorded in December 2008, identified JP Morgan as the assigning party. The entity receiving all beneficial interest under the Glaski deed of trust was identified as Bank of America, “as successor by merger to `LaSalle Bank NA as trustee for WaMu [Securitized Trust]. …”[9] The assignment of deed of trust indicates it was signed by Brignac, as Vice President for JP Morgan. Glaski alleges that Brignac’s signature was forged. The very next document filed by the Fresno County Recorder on June 15, 2009, was a “TRUSTEE’S DEED UPON SALE.” (Boldface omitted.) The trustee’s deed upon sale stated that California Reconveyance, as the duly appointed trustee under the Glaski deed of trust, granted and conveyed to Bank of America, as successor by merger to La Salle NA as trustee for the WaMu Securitized Trust, all of its right, title and interest to the Property. The trustee’s deed upon sale stated that the amount of the unpaid debt and costs was $738,238.04 and that the grantee, paid $339,150 at the trustee’s sale, either in lawful money or by credit bid. In October 2009, Glaski filed his original complaint. In August 2011, Glaski filed the SAC, which alleged the following numbered causes of action: (1) Fraud against JPMorgan and California Reconveyance for the alleged forged signatures of Deborah Brignac as vice president for California Reconveyance and then as vice president of JPMorgan; (2) Fraud against all defendants for their failure to timely and properly transfer the Glaski loan to the WaMu Securitized Trust and their representations to the contrary; (3) Quiet title against Bank of America, Chase, and California Reconveyance based on the broken chain of title caused by the defective transfer of the loan to the WaMu Securitized Trust; (4) Wrongful foreclosure against all defendants, based on the forged signatures of Deborah Brignac and the failure to timely and properly transfer the Glaski loan to the WaMu Securitized Trust; (5) Declaratory relief against all defendants, based on the above acts by defendants; (8) Cancellation of various foreclosure documents against all defendants, based on the above acts by the defendants; and (9) Unfair practices under California Business and Professions Code section 17200, et seq., against all defendants. Among other things, Glaski raised questions regarding the chain of ownership, by contending that the defendants were not the lender or beneficiary under his deed of trust and, therefore, did not have the authority to foreclose. In September 2011, defendants filed a demurrer that challenged each cause of action in the SAC on the grounds that it failed to state facts sufficient to constitute a claim for relief. With respect to the wrongful foreclosure cause of action, defendants argued that Glaski failed to allege (1) any procedural irregularity that would justify setting aside the presumptively valid trustee’s sale and (2) that he could tender the amount owed if the trustee’s sale were set aside. To support their demurrer to the SAC, defendants filed a request for judicial notice concerning (1) Order No. 2008-36 of the Office of Thrift Supervision, dated September 25, 2008, appointing the FDIC as receiver of Washington Mutual Bank and (2) the Purchase and Assumption Agreement Whole Bank between the FDIC and JP Morgan dated as of September 25, 2008, concerning the assets, deposits and liabilities of Washington Mutual Bank.[10] Glaski opposed the demurrer, arguing that breaks in the chain of ownership of his deed of trust were sufficiently alleged. He asserted that Brignac’s signature was forged and the assignment bearing that forgery was void. His opposition also provided a more detailed explanation of his argument that his deed of trust had not been effectively transferred to the WaMu Securitized Trust that held the pool of mortgage loans. Thus, in Glaski’s view, Bank of America’s claim as the successor trustee is flawed because the trust never held his loan. On November 15, 2011, the trial court heard argument from counsel regarding the demurrer. Counsel for Glaski argued, among other things, that the possible ratification of the allegedly forged signatures of Brignac presented an issue of fact that could not be resolved at the pleading stage. Later that day, the court filed a minute order adopting its tentative ruling. As background for the issues presented in this appeal, we will describe the trial court’s ruling on Glaski’s two fraud causes of action and his wrongful foreclosure cause of action. The ruling stated that the first cause of action for fraud was based on an allegation that defendants misrepresented material information by causing a forged signature to be placed on the June 2009 assignment of deed of trust. The ruling stated that if the signature of Brignac was forged, California Reconveyance “ratified the signature by treating it as valid.” As an additional rationale, the ruling cited Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149 (Gomes) for the proposition that the exhaustive nature of California’s nonjudicial foreclosure scheme prohibited the introduction of additional requirements challenging the authority of the lender’s nominee to initiate nonjudicial foreclosure. As to the second cause of action for fraud, the ruling noted the allegation that the Glaski deed of trust was transferred to the WaMu Securitized Trust after the trust’s closing date and summarized the claim as asserting that the Glaski deed of trust had been improperly transferred and, therefore, the assignment was void ab initio. The ruling rejected this claim, stating: “[T]o reiterate, Gomes v. Countrywide, supra holds that there is no legal basis to challenge the authority of the trustee, mortgagee, beneficiary, or any of their authorized agents to initiate the foreclosure process citing Civil Code § 2924, subd. (a)(1).” The ruling stated that the fourth cause of action for wrongful foreclosure was “based upon the invalidity of the foreclosure sale conducted on May 27, 2009 due to the `forged’ signature of Deborah Brignac and the failure of Defendants to `provide a chain of title of the note and the mortgage.’” The ruling stated that, as explained earlier, “these contentions are meritless” and sustained the general demurrer to the wrongful foreclosure claim without leave to amend. Subsequently, a judgment of dismissal was entered and Glaski filed a notice of appeal. I. STANDARD OF REVIEW The trial court sustained the demurrer to the SAC on the ground that it did “not state facts sufficient to constitute a cause of action.” (Code Civ. Proc., § 430.10, subd. (e).) The standard of review applicable to such an order is well settled. “[W]e examine the complaint de novo to determine whether it alleges facts sufficient to state a cause of action under any legal theory. …” (McCall v. PacifiCare of Cal., Inc. (2001) 25 Cal.4th 412, 415.) When conducting this de novo review, “[w]e give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.] Further, we treat the demurrer as admitting all material facts properly pleaded, but do not assume the truth of contentions, deductions or conclusions of law. [Citations.]” (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865.) Our consideration of the facts alleged includes “those evidentiary facts found in recitals of exhibits attached to a complaint.” (Satten v. Webb (2002) 99 Cal.App.4th 365, 375.) “We also consider matters which may be judicially noticed.” (Serrano v. Priest (1971) 5 Cal.3d 584, 591; see Code Civ. Proc., § 430.30, subd. (a) [use of judicial notice with demurrer].) Courts can take judicial notice of the existence, content and authenticity of public records and other specified documents, but do not take judicial notice of the truth of the factual matters asserted in those documents. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063, overruled on other grounds in In re Tobacco Cases II (2007) 41 Cal.4th 1257, 1262.) We note “in passing upon the question of the sufficiency or insufficiency of a complaint to state a cause of action, it is wholly beyond the scope of the inquiry to ascertain whether the facts stated are true or untrue” as “[t]hat is always the ultimate question to be determined by the evidence upon a trial of the questions of fact.” (Colm v. Francis (1916) 30 Cal.App. 742, 752.)) II. FRAUD A. Rules for Pleading Fraud The elements of a fraud cause of action are (1) misrepresentation, (2) knowledge of the falsity or scienter, (3) intent to defraud—that is, induce reliance, (4) justifiable reliance, and (5) resulting damages. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) These elements may not be pleaded in a general or conclusory fashion. (Id. at p. 645.) Fraud must be pled specifically—that is, a plaintiff must plead facts that show with particularity the elements of the cause of action. (Ibid.) In their demurrer, defendants contended facts establishing detrimental reliance were not alleged. B. First Cause of Action for Fraud, Lack of Specific Allegations of Reliance Glaski’s first cause of action, which alleges a fraud implemented through forged documents, alleges that defendants’ act “caused Plaintiff to rely on the recorded documents and ultimately lose the property which served as his primary residence, and caused Plaintiff further damage, proof of which will be made at trial.” This allegation is a general allegation of reliance and damage. It does not identify the particular acts Glaski took because of the alleged forgeries. Similarly, it does not identify any acts that Glaski did not take because of his reliance on the alleged forgeries. Therefore, we conclude that Glaski’s conclusory allegation of reliance is insufficient under the rules of law that require fraud to be pled specifically. (Lazar v. Superior Court, supra, 12 Cal.4th at p. 645.) The next question is whether the trial court abused its discretion in sustaining the demurrer to the first fraud cause of action without leave to amend. In March 2011, the trial court granted Glaski leave to amend when ruling on defendants’ motion for judgment on the pleadings. The court indicated that Glaski’s complaint had jumbled together many different statutes and theories of liability and directed Glaski to avoid “chain letter” allegations in his amended pleading. Glaski’s first amended complaint set forth two fraud causes of action that are similar to those included in the SAC. Defendants demurred to the first amended complaint. The trial court’s minute order states: “Plaintiff is advised for the last time to plead each cause of action such that only the essential elements for the claim are set forth without reincorporation of lengthy `general allegations’. In other words, the `facts’ to be pleaded are those upon which liability depends (i.e., `the facts constituting the cause of action’).” After Glaski filed his SAC, defendants filed a demurrer. Glaski then filed an opposition that asserted he had properly alleged detrimental reliance. He did not argue he could amend to allege specifically the action he took or did not take because of his reliance on the alleged forgeries. Accordingly, Glaski failed to carry his burden of demonstrating he could allege with the requisite specificity the elements of justifiable reliance and damages resulting from that reliance. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [the burden of articulating how a defective pleading could be cured is squarely on the plaintiff].) Therefore, we conclude that the trial court did not abuse its discretion when it denied leave to amend as to the SAC’s first cause of action for fraud. C. Second Fraud Cause of Action, Lack of Specific Allegations of Reliance Glaski’s second cause of action for fraud alleged that WaMu failed to transfer his note and deed of trust into the WaMu Securitized Trust back in 2005. Glaski further alleged, in essence, that defendants attempted to rectify WaMu’s failure by engaging in a fraudulent scheme to assign his note and deed of trust into the WaMu Securitized Trust. The scheme was implemented in 2008 and 2009 and its purpose was to enable defendants to fraudulently foreclosure against the Property. The second cause of action for fraud attempts to allege detrimental reliance in the following sentence: “Defendants, and each of them, also knew that the act of recording the Assignment of Deed of trust without the authorization to do so would cause Plaintiff to rely upon Defendants’ actions by attempting to negotiate a loan modification with representatives of Chase Home Finance, LLC, agents of JP MORGAN.” The assignment mentioned in this allegation is the assignment of deed of trust recorded in June 2009—no other assignment of deed of trust is referred to in the second cause of action. The allegation of reliance does not withstand scrutiny. The act of recording the allegedly fraudulent assignment occurred in June 2009, after the trustee’s sale of the Property had been conducted. If Glaski was induced to negotiate a loan modification at that time, it is unclear how negotiations occurring after the May 2009 trustee’s sale could have diverted him from stopping the trustee’s sale. Thus, Glaski’s allegation of reliance is not connected to any detriment or damage. Because Glaski has not demonstrated how this defect in his fraud allegations could be cured by amendment, we conclude that the trial court did not abuse its discretion in denying leave to amend the second cause of action in the SAC. III. WRONGFUL FORECLOSURE BY NONHOLDER OF THE DEED OF TRUST A. Glaski’s Theory of Wrongful Foreclosure Glaski’s theory that the foreclosure was wrongful is based on (1) the position that paragraph 22 of the Glaski deed of trust authorizes only the lender-beneficiary (or its assignee) to (a) accelerate the loan after a default and (b) elect to cause the Property to be sold and (2) the allegation that a nonholder of the deed of trust, rather than the true beneficiary, instructed California Reconveyance to initiate the foreclosure.[11] In particular, Glaski alleges that (1) the corpus of the WaMu Securitized Trust was a pool of residential mortgage notes purportedly secured by liens on residential real estate; (2) section 2.05 of “the Pooling and Servicing Agreement” required that all mortgage files transferred to the WaMu Securitized Trust be delivered to the trustee or initial custodian of the WaMu Securitized Trust before the closing date of the trust (which was allegedly set for December 21, 2005, or 90 days thereafter); (3) the trustee or initial custodian was required to identify all such records as being held by or on behalf of the WaMu Securitized Trust; (4) Glaski’s note and loan were not transferred to the WaMu Securitized Trust prior to its closing date; (5) the assignment of the Glaski deed of trust did not occur by the closing date in December 2005; (6) the transfer to the trust attempted by the assignment of deed of trust recorded on June 15, 2009, occurred long after the trust was closed; and (7) the attempted assignment was ineffective as the WaMu Securitized Trust could not have accepted the Glaski deed of trust after the closing date because of the pooling and servicing agreement and the statutory requirements applicable to a Real Estate Mortgage Investment Conduit (REMIC) trust.[12] B. Wrongful Foreclosure by a Nonholder of the Deed of Trust The theory that a foreclosure was wrongful because it was initiated by a nonholder of the deed of trust has also been phrased as (1) the foreclosing party lacking standing to foreclose or (2) the chain of title relied upon by the foreclosing party containing breaks or defects. (See Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 764; Herrera v. Deutsche Bank National Trust Co., supra, 196 Cal.App.4th 1366 [Deutsche Bank not entitled to summary judgment on wrongful foreclosure claim because it failed to show a chain of ownership that would establish it was the true beneficiary under the deed of trust]; Guerroro v. Greenpoint Mortgage Funding, Inc. (9th Cir. 2010) 403 Fed.Appx. 154, 156 [rejecting a wrongful foreclosure claim because, among other things, plaintiffs “have not pleaded any facts to rebut the unbroken chain of title”].) In Barrionuevo v. Chase Bank, N.A. (N.D.Cal. 2012) 885 F.Supp.2d 964, the district court stated: “Several courts have recognized the existence of a valid cause of action for wrongful foreclosure where a party alleged not to be the true beneficiary instructs the trustee to file a Notice of Default and initiate nonjudicial foreclosure.” (Id. at p. 973.) We agree with this statement of law, but believe that properly alleging a cause of action under this theory requires more than simply stating that the defendant who invoked the power of sale was not the true beneficiary under the deed of trust. Rather, a plaintiff asserting this theory must allege facts that show the defendant who invoked the power of sale was not the true beneficiary. (See Herrera v. Federal National Mortgage Assn. (2012) 205 Cal.App.4th 1495, 1506 [plaintiff failed to plead specific facts demonstrating the transfer of the note and deed of trust were invalid].) C. Borrower’s Standing to Raise a Defect in an Assignment One basis for claiming that a foreclosing party did not hold the deed of trust is that the assignment relied upon by that party was ineffective. When a borrower asserts an assignment was ineffective, a question often arises about the borrower’s standing to challenge the assignment of the loan (note and deed of trust)—an assignment to which the borrower is not a party. (E.g., Conlin v. Mortgage Electronic Registration Systems, Inc. (6th Cir. 2013) 714 F.3d 355, 361 [third party may only challenge an assignment if that challenge would render the assignment absolutely invalid or ineffective, or void]; Culhane v. Aurora Loan Services of Nebraska (1st Cir. 2013) 708 F.3d 282, 291 [under Massachusetts law, mortgagor has standing to challenge a mortgage assignment as invalid, ineffective or void]; Gilbert v. Chase Home Finance, LLC (E.D.Cal., May 28, 2013, No. 1:13-CV-265 AWI SKO) 2013 WL 2318890.)[13] California’s version of the principle concerning a third party’s ability to challenge an assignment has been stated in a secondary authority as follows: “Where an assignment is merely voidable at the election of the assignor, third parties, and particularly the obligor, cannot … successfully challenge the validity or effectiveness of the transfer.” (7 Cal.Jur.3d (2012) Assignments, § 43.) This statement implies that a borrower can challenge an assignment of his or her note and deed of trust if the defect asserted would void the assignment. (See Reinagel v. Deutsche Bank National Trust Co. (5th Cir. 2013) ___ F.3d ___ [2013 WL 3480207 at p. 3] [following majority rule that an obligor may raise any ground that renders the assignment void, rather than merely voidable].) We adopt this view of the law and turn to the question whether Glaski’s allegations have presented a theory under which the challenged assignments are void, not merely voidable. We reject the view that a borrower’s challenge to an assignment must fail once it is determined that the borrower was not a party to, or third party beneficiary of, the assignment agreement. Cases adopting that position “paint with too broad a brush.” (Culhane v. Aurora Loan Services of Nebraska, supra, 708 F.3d at p. 290.) Instead, courts should proceed to the question whether the assignment was void. D. Voidness of a Post-Closing Date Transfers to a Securitized Trust Here, the SAC includes a broad allegation that the WaMu Securitized Trust “did not have standing to foreclosure on the … Property, as Defendants cannot provide the entire chain of title of the note and the [deed of trust].”[14] More specifically, the SAC identifies two possible chains of title under which Bank of America, as trustee for the WaMu Securitized Trust, could claim to be the holder of the Glaski deed of trust and alleges that each possible chain of title suffers from the same defect—a transfer that occurred after the closing date of the trust. First, Glaski addresses the possibility that (1) Bank of America’s chain of title is based on its status as successor trustee for the WaMu Securitized Trust and (2) the Glaski deed of trust became part of the WaMu Securitized Trust’s property when the securitized trust was created in 2005. The SAC alleges that WaMu did not transfer Glaski’s note and deed of trust into the WaMu Securitized Trust prior to the closing date established by the pooling and servicing agreement. If WaMu’s attempted transfer was void, then Bank of America could not claim to be the holder of the Glaski deed of trust simply by virtue of being the successor trustee of the WaMu Securitized Trust. Second, Glaski addresses the possibility that Bank of America acquired Glaski’s deed of trust from JP Morgan, which may have acquired it from the FDIC. Glaski contends this alternate chain of title also is defective because JP Morgan’s attempt to transfer the Glaski deed of trust to Bank of America, as trustee for the WaMu Securitized Trust, occurred after the trust’s closing date. Glaski specifically alleges JP Morgan’s attempted assignment of the deed of trust to the WaMu Securitized Trust in June 2009 occurred long after the WaMu Securitized Trust closed (i.e., 90 days after December 21, 2005). Based on these allegations, we will address whether a post-closing date transfer into a securitized trust is the type of defect that would render the transfer void. Other allegations relevant to this inquiry are that the WaMu Securitized Trust (1) was formed in 2005 under New York law and (2) was subject to the requirements imposed on REMIC trusts (entities that do not pay federal income tax) by the Internal Revenue Code. The allegation that the WaMu Securitized Trust was formed under New York law supports the conclusion that New York law governs the operation of the trust. New York Estates, Powers & Trusts Law section 7-2.4, provides: “If the trust is expressed in an instrument creating the estate of the trustee, every sale, conveyance or other act of the trustee in contravention of the trust, except as authorized by this article and by any other provision of law, is void.”[15] Because the WaMu Securitized Trust was created by the pooling and servicing agreement and that agreement establishes a closing date after which the trust may no longer accept loans, this statutory provision provides a legal basis for concluding that the trustee’s attempt to accept a loan after the closing date would be void as an act in contravention of the trust document. We are aware that some courts have considered the role of New York law and rejected the post-closing date theory on the grounds that the New York statute is not interpreted literally, but treats acts in contravention of the trust instrument as merely voidable. (Calderon v. Bank of America, N.A. (W.D.Tex., Apr. 23, 2013, No. SA:12-CV-00121-DAE) ___ F.Supp.2d ___, [2013 WL 1741951 at p. 12] [transfer of plaintiffs’ note, if it violated PSA, would merely be voidable and therefore plaintiffs do not have standing to challenge it]; Bank of America National Association v. Bassman FBT, L.L.C. (Ill.Ct.App. 2012) 981 N.E.2d 1, 8 [following cases that treat ultra vires acts as merely voidable].) Despite the foregoing cases, we will join those courts that have read the New York statute literally. We recognize that a literal reading and application of the statute may not always be appropriate because, in some contexts, a literal reading might defeat the statutory purpose by harming, rather than protecting, the beneficiaries of the trust. In this case, however, we believe applying the statute to void the attempted transfer is justified because it protects the beneficiaries of the WaMu Securitized Trust from the potential adverse tax consequence of the trust losing its status as a REMIC trust under the Internal Revenue Code. Because the literal interpretation furthers the statutory purpose, we join the position stated by a New York court approximately two months ago: “Under New York Trust Law, every sale, conveyance or other act of the trustee in contravention of the trust is void. EPTL § 7-2.4. Therefore, the acceptance of the note and mortgage by the trustee after the date the trust closed, would be void.” (Wells Fargo Bank, N.A. v. Erobobo (Apr. 29, 2013) 39 Misc.3d 1220(A), 2013 WL 1831799, slip opn. p. 8; see Levitin & Twomey, Mortgage Servicing, supra, 28 Yale J. on Reg. at p. 14, fn. 35 [under New York law, any transfer to the trust in contravention of the trust documents is void].) Relying on Erobobo, a bankruptcy court recently concluded “that under New York law, assignment of the Saldivars’ Note after the start up day is void ab initio. As such, none of the Saldivars’ claims will be dismissed for lack of standing.” (In re Saldivar (Bankr.S.D.Tex., Jun. 5, 2013, No. 11-10689) 2013 WL 2452699, at p. 4.) We conclude that Glaski’s factual allegations regarding post-closing date attempts to transfer his deed of trust into the WaMu Securitized Trust are sufficient to state a basis for concluding the attempted transfers were void. As a result, Glaski has a stated cognizable claim for wrongful foreclosure under the theory that the entity invoking the power of sale (i.e., Bank of America in its capacity as trustee for the WaMu Securitized Trust) was not the holder of the Glaski deed of trust.[16] We are aware that that some federal district courts sitting in California have rejected the post-closing date theory of invalidity on the grounds that the borrower does not have standing to challenge an assignment between two other parties. (Aniel v. GMAC Mortgage, LLC (N.D.Cal., Nov. 2, 2012, No. C 12-04201 SBA) 2012 WL 5389706 [joining courts that held borrowers lack standing to assert the loan transfer occurred outside the temporal bounds prescribed by the pooling and servicing agreement]; Almutarreb v. Bank of New York Trust Co., N.A. (N.D.Cal., Sept. 24, 2012, No. C 12-3061 EMC) 2012 WL 4371410.) These cases are not persuasive because they do not address the principle that a borrower may challenge an assignment that is void and they do not apply New York trust law to the operation of the securitized trusts in question. E. Application of Gomes The next question we address is whether Glaski’s wrongful foreclosure claim is precluded by the principles set forth in Gomes, supra, 192 Cal.App.4th 1149, a case relied upon by the trial court in sustaining the demurrer. Gomes was a pre-foreclosure action brought by a borrower against the lender, trustee under a deed and trust, and MERS, a national electronic registry that tracks the transfer of ownership interests and servicing rights in mortgage loans in the secondary mortgage market. (Id. at p. 1151.) The subject trust deed identified MERS as a nominee for the lender and that MERS is the beneficiary under the trust deed. After initiation of a nonjudicial forclosure, borrower sued for wrongful initiation of foreclosure, alleging that the current owner of the note did not authorize MERS, the nominee, to proceed with the foreclosure. The appellate court held that California’s nonjudicial foreclosure system, outlined in Civil Code sections 2924 through 2924k, is a “`comprehensive framework for the regulation of a nonjudicial foreclosure sale’” that did not allow for a challenge to the authority of the person initiating the foreclosure. (Gomes, supra, at p. 1154.) In Naranjo v. SBMC Mortgage (S.D.Cal., Jul. 24, 2012, No. 11-CV-2229-L(WVG)) 2012 WL 3030370 (Naranjo), the district court addressed the scope of Gomes, stating: “In Gomes, the California Court of Appeal held that a plaintiff does not have a right to bring an action to determine the nominee’s authorization to proceed with a nonjudicial foreclosure on behalf of a noteholder. [Citation.] The nominee in Gomes was MERS. [Citation.] Here, Plaintiff is not seeking such a determination. The role of the nominee is not central to this action as it was in Gomes. Rather, Plaintiff alleges that the transfer of rights to the WAMU Trust is improper, thus Defendants consequently lack the legal right to either collect on the debt or enforce the underlying security interest.” (Naranjo, supra, 2012 WL 3030370, at p. 3.) Thus, the court in Naranjo did not interpret Gomes as barring a claim that was essentially the same as the post-closing date claim Glaski is asserting in this case. Furthermore, the limited nature of the holding in Gomes is demonstrated by the Gomes court’s discussion of three federal cases relied upon by Mr. Gomes. The court stated that the federal cases were not on point because none recognized a cause of action requiring the noteholder’s nominee to prove its authority to initiate a foreclosure proceeding. (Gomes, supra, 192 Cal.App.4th at p. 1155.) The Gomes court described one of the federal cases by stating that “the plaintiff alleged wrongful foreclosure on the ground that assignments of the deed of trust had been improperly backdated, and thus the wrong party had initiated the foreclosure process. [Citaiton.] No such infirmity is alleged here.” (Ibid.; see Lester v. J.P. Morgan Chase Bank (N.D.Cal., Feb. 20, 2013) ___ F.Supp.2d ___, [2013 WL 633333, p. 7] [concluding Gomes did not preclude the plaintiff from challenging JP Morgan’s authority to foreclose].) The Gomes court also stated it was significant that in each of the three federal cases, “the plaintiff’s complaint identified a specific factual basis for alleging that the foreclosure was not initiated by the correct party.” (Gomes, supra, at p. 1156.) The instant case is distinguishable from Gomes on at least two grounds. First, like Naranjo, Glaski has alleged that the entity claiming to be the noteholder was not the true owner of the note. In contrast, the principle set forth in Gomes concerns the authority of the noteholder’s nominee, MERS. Second, Glaski has alleged specific grounds for his theory that the foreclosure was not conducted at the direction of the correct party. In view of the limiting statements included in the Gomes opinion, we do not interpret it as barring claims that challenge a foreclosure based on specific allegations that an attempt to transfer the deed of trust was void. Our interpretation, which allows borrowers to pursue questions regarding the chain of ownership, is compatible with Herrera v. Deutsche Bank National Trust Co., supra, 196 Cal.App.4th 1366. In that case, the court concluded that triable issues of material fact existed regarding alleged breaks in the chain of ownership of the deed of trust in question. (Id. at p. 1378.) Those triable issues existed because Deutsche Bank’s motion for summary judgment failed to establish it was the beneficiary under that deed of trust. (Ibid.) F. Tender Defendants contend that Glaski’s claims for wrongful foreclosure, cancellation of instruments and quiet title are defective because Glaski failed to allege that he made a valid and viable tender of payment of the indebtedness. (See Karlsen v. American Sav. & Loan Assn. (1971) 15 Cal.App.3d 112, 117 [“valid and viable tender of payment of the indebtedness owing is essential to an action to cancel a voidable sale under a deed of trust”].) Glaski contends that he is not required to allege he tendered payment of the loan balance because (1) there are many exceptions to the tender rule, (2) defendants have offered no authority for the proposition that the absence of a tender bars a claim for damages,[17] and (3) the tender rule is a principle of equity and its application should not be decided against him at the pleading stage. Tender is not required where the foreclosure sale is void, rather than voidable, such as when a plaintiff proves that the entity lacked the authority to foreclose on the property. (Lester v. J.P. Morgan Chase Bank, supra, ___ F.Supp.2d ___, [2013 WL 633333, p. 8]; 4 Miller & Starr, Cal. Real Estate (3d ed. 2003) Deeds of Trust, § 10:212, p. 686.) Accordingly, we cannot uphold the demurrer to the wrongful foreclosure claim based on the absence of an allegation that Glaski tendered the amount due under his loan. Thus, we need not address the other exceptions to the tender requirement. (See e.g., Onofrio v. Rice (1997) 55 Cal.App.4th 413, 424 [tender may not be required where it would be inequitable to do so].) G. Remedy of Setting Aside Trustee’s Sale Defendants argue that the allegedly ineffective transfer to the WaMu Securitized Trust was a mistake that occurred outside the confines of the statutory nonjudicial foreclosure proceeding and, pursuant to Nguyen v. Calhoun (2003) 105 Cal.App.4th 428, 445, that mistake does not provide a basis for invalidating the trustee’s sale. First, this argument does not negate the possibility that other types of relief, such as damages, are available to Glaski. (See generally, Annot., Recognition of Action for Damages for Wrongful Foreclosure—Types of Action, supra, 82 A.L.R.6th 43.) Second, “where a plaintiff alleges that the entity lacked authority to foreclose on the property, the foreclosure sale would be void. [Citation.]” (Lester v. J.P. Morgan Chase Bank, supra, ___ F.Supp.2d ___, [2013 WL 633333, p. 8].) Consequently, we conclude that Nguyen v. Calhoun, supra, 105 Cal.App.4th 428 does not deprive Glaski of the opportunity to prove the foreclosure sale was void based on a lack of authority. H. Causes of Action Stated Based on the foregoing, we conclude that Glaski’s fourth cause of action has stated a claim for wrongful foreclosure. It follows that Glaski also has stated claims for quiet title (third cause of action), declaratory relief (fifth cause of action), cancellation of instruments (eighth cause of action), and unfair business practices under Business and Professions Code section 17200 (ninth cause of action). (See Susilo v. Wells Fargo Bank, N.A. (C.D.Cal. 2011) 796 F.Supp.2d 1177, 1196 [plaintiff’s wrongful foreclosure claims served as predicate violations for her UCL claim].) IV. JUDICIAL NOTICE A. Glaski’s Request for Judicial Notice When Glaski filed his opening brief, he also filed a request for judicial notice of (1) a Consent Judgment entered on April 4, 2012, by the United States District Court of the District of Columbia in United States v. Bank of America Corp. (D.D.C. No. 12-CV-00361); (2) the Settlement Term Sheet attached to the Consent Judgment; and (3) the federal and state release documents attached to the Consent Judgment as Exhibits F and G. Defendants opposed the request for judicial notice on the ground that the request violated the requirements in California Rules of Court, rule 8.252 because it was not filed with a separate proposed order, did not state why the matter to be noticed was relevant to the appeal, and did not state whether the matters were submitted to the trial court and, if so, whether that court took judicial notice of the matters. The documents included in Glaski’s request for judicial notice may provide background information and insight into robo-signing[18] and other problems that the lending industry has had with the procedures used to foreclose on defaulted mortgages. However, these documents do not directly affect whether the allegations in the SAC are sufficient to state a cause of action. Therefore, we deny Glaski’s request for judicial notice. B. Defendants’ Request for Judicial Notice of Assignment The “ASSIGNMENT OF DEED OF TRUST” recorded on December 9, 2008, that stated JP Morgan transferred and assigned all beneficial interest under the Glaski deed of trust to “LaSalle Bank NA as trustee for WaMu [Securitized Trust]” together with the note described in and secured by the Glaski deed of trust was not attached to the SAC as an exhibit. That document is part of the appellate record because the respondents’ appendix includes a copy of defendants’ request for judicial notice that was filed in June 2011 to support a motion for judgment on the pleadings. In ruling on defendants’ request for judicial notice, the trial court stated that it could only take judicial notice that certain documents in the request, including the assignment of deed of trust, had been recorded, but it could not take judicial notice of factual matters stated in those documents. This ruling is correct and unchallenged on appeal. Therefore, like the trial court, we will take judicial notice of the existence and recordation of the December 2008 assignment, but we “do not take notice of the truth of matters stated therein.” (Herrera v. Deutsche Bank National Trust Co., supra, 196 Cal.App.4th at p. 1375.) As a result, the assignment of deed of trust does not establish that JP Morgan was, in fact, the holder of the beneficial interest in the Glaski deed of trust that the assignment states was transferred to LaSalle Bank. Similarly, it does not establish that LaSalle Bank in fact became the owner or holder of that beneficial interest. Because the document does not establish these facts for purposes of this demurrer, it does not cure either of the breaks in the two alternate chains of ownership challenged in the SAC. Therefore, the December 2008 assignment does not provide a basis for sustaining the demurrer. The judgment of dismissal is reversed. The trial court is directed to vacate its order sustaining the general demurrer and to enter a new order overruling that demurrer as to the third, fourth, fifth, eighth and ninth causes of action. Glaski’s request for judicial notice filed on September 25, 2012, is denied. Glaski shall recover his costs on appeal. Wiseman, Acting P.J. and Kane, J., concurs. ORDER GRANTING REQUEST FOR PUBLICATION As the nonpublished opinion filed on July 31, 2013, in the above entitled matter hereby meets the standards for publication specified in the California Rules of Court, rule 8.1105(c), it is ordered that the opinion be certified for publication in the Official Reports. KANE, J., concur. [1] Mortgage-backed securities are created through a complex process known as “securization.” (See Levitin & Twomey, Mortgage Servicing (2011) 28 Yale J. on Reg. 1, 13 [“a mortgage securitization transaction is extremely complex”].) In simplified terms, “securitization” is the process where (1) many loans are bundled together and transferred to a passive entity, such as a trust, and (2) the trust holds the loans and issues investment securities that are repaid from the mortgage payments made on the loans. (Oppenheim & Trask-Rahn, Deconstructing the Black Magic of Securitized Trusts: How the Mortgage-Backed Securitization Process is Hurting the Banking Industry’s Ability to Foreclose and Proving the Best Offense for a Foreclosure Defense (2012) 41 Stetson L.Rev. 745, 753-754 (hereinafter, Deconstructing Securitized Trusts).) Hence, the securities issued by the trust are “mortgage-backed.” For purposes of this opinion, we will refer to such a trust as a “securitized trust.” [2] Civil Code section 2924, subdivision (a)(1) states that a “trustee, mortgagee, or beneficiary, or any of their authorized agents” may initiate the nonjudicial foreclosure process. This statute and the provision of the Glaski deed of trust are the basis for Glaski’s position that the nonjudicial foreclosure in this case was wrongful—namely, that the power of sale in the Glaski deed of trust was invoked by an entity that was not the true beneficiary. [3] Glaski’s pleading does not allege that LaSalle Bank was the original trustee when the WaMu Securitized Trust was formed in late 2005, but filings with the Securities and Exchange Commission identify LaSalle Bank as the original trustee. We provide this information for background purposes only and it plays no role in our decision in this appeal. [4] Another possibility, which was acknowledged by both sides at oral argument, is that the true holder of the note and deed of trust cannot be determined at this stage of the proceedings. This lack of certainty regarding who holds the deed of trust is not uncommon when a securitized trust is involved. (See Mortgage and Asset Backed Securities Litigation Handbook (2012) § 5:114 [often difficult for securitized trust to prove ownership by showing a chain of assignments of the loan from the originating lender].) [5] It appears this company is no longer a separate entity. The certificate of interested entities filed with the respondents’ brief refers to “JPMorgan Chase Bank, N.A. as successor by merger to Chase Home Finance, LLC.” [6] One controversy presented by this appeal is whether this court should consider the December 9, 2008, assignment of deed of trust, which is not an exhibit to the SAC. Because the trial court took judicial notice of the existence and recordation of the assignment earlier in the litigation, we too will consider the assignment, but will not presume the matters stated therein are true. (See pt. IV.B, post.) For instance, we will not assume that JP Morgan actually held any interests that it could assign to LaSalle Bank. (See Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375 [taking judicial notice of a recorded assignment does not establish assignee’s ownership of deed of trust].) [7] Specifically, the notice stated that his August 2008 installment payment and all subsequent installment payments had not been made. [8] The signature block at the end of the NOD indicated it was signed by Colleen Irby as assistant secretary for California Reconveyance. The first page of the notice stated that recording was requested by California Reconveyance. Affidavits of mailing attached to the SAC stated that the declarant mailed copies of the notice of default to Glaski at his home address and to Bank of America, care of Custom Recording Solutions, at an address in Santa Ana, California. The affidavits of mailing are the earliest documents in the appellate record indicating that Bank of America had any involvement with Glaski’s loan. [9] Bank of America took over La Salle Bank by merger in 2007. [10] The trial court did not explicitly rule on defendants’ request for judicial notice of these documents, but referred to matters set forth in these documents in its ruling. Therefore, for purposes of this appeal, we will infer that the trial court granted the request. [11] The claim that a foreclosure was conducted by or at the direction of a nonholder of mortgage rights often arises where the mortgage has been securitized. (Buchwalter, Cause of Action in Tort for Wrongful Foreclosure of Residential Mortgage, 52 Causes of Action Second (2012) 119, 149 [§ 11 addresses foreclosure by a nonholder of mortgage rights].) [12] This allegation comports with the following view of pooling and servicing agreements and the federal tax code provisions applicable to REMIC trusts. “Once the bundled mortgages are given to a depositor, the [pooling and servicing agreement] and IRS tax code provisions require that the mortgages be transferred to the trust within a certain time frame, usually ninety dates from the date the trust is created. After such time, the trust closes and any subsequent transfers are invalid. The reason for this is purely economic for the trust. If the mortgages are properly transferred within the ninety-day open period, and then the trust properly closes, the trust is allowed to maintain REMIC tax status.” (Deconstructing Securitized Trusts, supra, 41 Stetson L.Rev. at pp. 757-758.) [13] “Although we may not rely on unpublished California cases, the California Rules of Court do not prohibit citation to unpublished federal cases, which may properly be cited as persuasive, although not binding, authority.” (Landmark Screens, LLC v. Morgan, Lewis & Bockius, LLP (2010) 183 Cal.App.4th 238, 251, fn. 6, citing Cal. Rules of Court, rule 8.1115.) [14] Although this allegation and the remainder of the SAC do not explicitly identify the trustee of the WaMu Securitized Trust as the entity that invoked the power of sale, it is reasonable to interpret the allegation in this manner. Such an interpretation is consistent with the position taken by Glaski’s attorney at the hearing on the demurrer, where she argued that the WaMu Securitized Trust did not obtain Glaski’s loan and thus was precluded from proceeding with the foreclosure. [15] The statutory purpose is “to protect trust beneficiaries from unauthorized actions by the trustee.” (Turano, Practice Commentaries, McKinney’s Consolidated Laws of New York, Book 17B, EPTL § 7-2.4.) [16] Because Glaski has stated a claim for relief in his wrongful foreclosure action, we need not address his alternate theory that the foreclosure was void because it was implemented by forged documents. (Genesis Environmental Services v. San Joaquin Valley Unified Air Pollution Control Dist. (2003) 113 Cal.App.4th 597, 603 [appellate inquiry ends and reversal is required once court determines a cause of action was stated under any legal theory].) We note, however, that California law provides that ratification generally is an affirmative defense and must be specially pleaded by the party asserting it. (See Reina v. Erassarret (1949) 90 Cal.App.2d 418, 424 [ratification is an affirmative defense and the defendant ordinarily bears the burden of proof]; 49A Cal.Jur.3d (2010) Pleading, § 186, p. 319 [defenses that must be specially pleaded include waiver, estoppel and ratification].) Also, “[w]hether there has been ratification of a forged signature is ordinarily a question of fact.” (Common Wealth Ins. Systems, Inc. v. Kersten (1974) 40 Cal.App.3d 1014, 1026; see Brock v. Yale Mortg. Corp. (Ga. 2010) 700 S.E.2d 583, 588 [ratification may be expressed or implied from acts of principal and “is usually a fact question for the jury”; wife had forged husband’s signature on quitclaim deed].) [17] See generally, Annotation, Recognition of Action for Damages for Wrongful Foreclosure—Types of Action (2013) 82 A.L.R.6th 43 (claims that a foreclosure is “wrongful” can be tort-based, statute-based, and contract-based). [18] Claims of misrepresentation or fraud related to robo-signing of foreclosure documents is addressed in Buchwalter, Cause of Action in Tort for Wrongful Foreclosure of Residential Mortgage, 52 Causes of Action Second, supra, at pages 147 to 149. INDEPENDENT REVIEW & COMMENTS: Glaski v Bank of America: Mortgagor’s Defense Based on Lender’s Failure to Properly Securitize a Loan Roger Bernhardt Golden Gate University – School of Law CEB 36 Real Property Law Reporter 111, September 2013 Commentary on a recent California decision holding that a lender might be unable to enforce an improperly securitized loan. Glaski v Bank of America: Mortgagor’s Defense Based on Lender’s Failure to Properly Securitize a Loan. Glaski v Bank of America (2013) 218 CA4th 1079 Before being placed into receivership, Washington Mutual Bank (WaMu) established a pool of residential loans as collateral for mortgage-backed securities. New York law governed the resulting securitized trust. According to the lender, the trust included Borrower’s defaulted loan. Bank of America, which claimed it was successor trustee and beneficiary of the trust, purchased Borrower’s property at the trustee’s sale. There were two possible chains of title through which Bank of America could have claimed to be successor trustee. (Notably, at the demurrer stage, the parties acknowledged that they could not be certain who truly held Borrower’s note.) Borrower challenged both conceivable chains of title as having been assigned after the trust closing date. The trial court sustained Bank of America’s demurrer without leave to amend. The court of appeal reversed in part. The court ruled that a borrower may challenge an assignment as being void even if that borrower was not a party to, or a third party beneficiary of, that assignment. Such a challenge effectively states a claim for wrongful foreclosure. Disagreeing with Texas and Illinois courts, the court literally and strictly construed the applicable New York statute, which states that any act by a trustee in contravention of the trust document is void (218 CA4th at 1096): Because the WaMu Securitized Trust was created by the pooling and servicing agreement and that agreement establishes a closing date after which the trust may no longer accept loans, this statutory provision provides a legal basis for concluding that the trustee’s attempt to accept a loan after the closing date would be void as an act in contravention of the trust document. This is significant because the borrower need not tender payment of indebtedness when the foreclosure sale is void. THE EDITOR’S TAKE: If some lenders are reacting with shock and horror to this decision, that is probably only because they reacted too giddily to Gomes v Countrywide Home Loans, Inc. (2011) 192 CA4th 1149 (reported at 34 CEB RPLR 66 (Mar. 2011)) and similar decisions that they took to mean that their nonjudicial foreclosures were completely immune from judicial review. Because I think that Glaski simply holds that some borrower foreclosure challenges may warrant factual investigation (rather than outright dismissal at the pleading stage), I do not find this decision that earth-shaking. Two of this plaintiff’s major contentions were in fact entirely rejected at the demurrer level: —That the foreclosure was fraudulent because the statutory notices looked robosigned (“forged”); and —That the loan documents were not truly transferred into the loan pool. Only the borrower’s wrongful foreclosure count survived into the next round. If the bank can show that the documents were handled in proper fashion, it should be able to dispose of this last issue on summary judgment. Bank of America appeared to not prevail on demurrer on this issue because the record did include two deed of trust assignments that had been recorded outside the Real Estate Mortgage Investment Conduit (REMIC) period and did not include any evidence showing that the loan was put into the securitization pool within the proper REMIC period. The court’s ruling that a transfer into a trust that is made too late may constitute a void rather than voidable transfer (to not jeopardize the tax-exempt status of the other assets in the trust) seems like a sane conclusion. That ruling does no harm to securitization pools that were created with proper attention to the necessary timetables. (It probably also has only slight effect on loans that were improperly securitized, other than to require that a different procedure be followed for their foreclosure.) In this case, the fact that two assignments of a deed of trust were recorded after trust closure proves almost nothing about when the loans themselves were actually transferred into the trust pool, it having been a common practice back then not to record assignments until some other development made recording appropriate. I suspect that it was only the combination of seeing two “belatedly” recorded assignments and also seeing no indication of any timely made document deposits into the trust pool that led to court to say that the borrower had sufficiently alleged an invalid (i.e., void) attempted transfer into the trust. Because that seemed to be a factual possibility, on remand, the court logically should ask whether the pool trustee was the rightful party to conduct the foreclosure of the deed of trust, or whether that should have been done by someone else. While courts may not want to find their dockets cluttered with frivolous attacks on valid foreclosures, they are probably equally averse to allowing potentially meritorious challenges to wrongful foreclosures to be rejected out of hand. —Roger Bernhardt From CEB 36 Real Property Law Reporter 111, September 2013, © The Regents of the University of California, reprinted with permission of CEB.” B. First Cause of Action for Fraud, Lack of Specific Allegations of Reliance – See more at: http://stopforeclosurefraud.com/2013/08/01/glaski-v-bank-of-america-ca5-5th-appellate-district-securitization-failed-ny-trust-law-applied-ruling-to-protect-remic-status-non-judicial-foreclosure-statutes-irrelevant-because-sa/#sthash.jRAaLypz.dpuf We therefore reverse the judgment of dismissal and remand for further proceedings. – See more at: http://stopforeclosurefraud.com/2013/08/01/glaski-v-bank-of-america-ca5-5th-appellate-district-securitization-failed-ny-trust-law-applied-ruling-to-protect-remic-status-non-judicial-foreclosure-statutes-irrelevant-because-sa/#sthash.jRAaLypz.dpuf How Nevada Homeowners Can Effectively Plead Foreclosure Fraud and Misrepresentation Posted by BNG in Affirmative Defenses, Appeal, Case Laws, Case Study, Federal Court, Foreclosure Defense, Fraud, Judicial States, Legal Research, Litigation Strategies, Mortgage Laws, Non-Judicial States, Pleadings, Pro Se Litigation, State Court, Your Legal Rights Dingwall, Federal Court, Foreclosure, Fraud, Legal burden of proof, Nevada Bell, Plaintiff, Reno Air This post is designed to guide homeowners in wrongful foreclosure litigation when pleading their Fraud and Misrepresentation cases in State and Federal Courts. Fraudulent or Intentional Misrepresentation Standard Intentional Misrepresentation (1) defendant made a false representation, (2) with knowledge or belief that the representation was false or without a sufficient basis for making the representation, (3) the defendant intended to induce the plaintiff to act or refrain from acting on the representation, (4) the plaintiff justifiably relied on the representation, and (5) the plaintiff was damaged as a result of his reliance. J.A. Jones Const. Co. v. Lehrer McGovern Bovis, Inc., 120 Nev. 277, 290–91, 89 P.3d 1009, 1018 (2004); Fraud By Omission With respect to the false representation element, the suppression or omission ” ‘of a material fact which a party is bound in good faith to disclose is equivalent to a false representation, since it constitutes an indirect representation that such fact does not exist.’ Nelson v. Heer, 123 Nev. 217, 163 P.3d 420 (Nev. 2007) (quoting Midwest Supply, Inc. v. Waters, 89 Nev. 210, 212-13, 510 P.2d 876, 878 (1973). Example Cases: Foster v. Dingwall, — P.3d —, 2010 WL 679069, at 8 (Nev. Feb. 25, 2010) (en banc); Jordan v. State ex rel. Dep’t of Motor Vehicles & Pub. Safety, 121 Nev. 44, 75, 110 P.3d 30, 51 (2005);J.A. Jones Const. Co. v. Lehrer McGovern Bovis, Inc., 120 Nev. 277, 290–91, 89 P.3d 1009, 1018 (2004); Chen v. Nev. State Gaming Control Bd.,116 Nev. 282, 284, 994 P.2d 1151, 1152 (2000); Albert H. Wohlers & Co. v. Bartgis, 114 Nev. 1249, 1260, 969 P.2d 949, 957 (1998); Barmettler v. Reno Air, Inc., 114 Nev. 441, 956 P.2d 1382 (1998); Blanchard v. Blanchard, 108 Nev. 908, 911, 839 P.2d 1320, 1322 (1992); Bulbman, Inc. v. Nevada Bell, 108 Nev. 105, 110–11, 825 P.2d 588, 592 (1992); Collins v. Burns, 103 Nev. 394, 397, 741 P.2d 819, 821 (1987); Epperson v. Roloff, 102 Nev. 206, 211, 719 P.2d 799, 802 (1986); Hartford Acc. & Indem. Co. v. Rogers, 96 Nev. 576, 580 n.1, 613 P.2d 1025, 1027 n.1 (1980); Lubbe v. Barba, 91 Nev. 596, 540 P.2d 115 (1975). “The intention that is necessary to make the rule stated in this Section applicable is the intention of the promisor when the agreement was entered into. The intention of the promisor not to perform an enforceable or unenforceable agreement cannot be established solely by proof of its nonperformance, nor does his failure to perform the agreement throw upon him the burden of showing that his nonperformance was due to reasons which operated after the agreement was entered into. The intention may be shown by any other evidence that sufficiently indicates its existence, as, for example, the certainty that he would not be in funds to carry out his promise.” REST 2d TORTS § 530, comment d. A plaintiff has the burden of proving each element of fraud claim by clear and convincing evidence. Albert H. Wohlers & Co. v. Bartgis, 114 Nev. 1249, 1260, 969 P.2d 949, 957 (1998);Bulbman, Inc. v. Nevada Bell, 108 Nev. 105, 110–11, 825 P.2d 588, 592 (1992); Lubbe v. Barba, 91 Nev. 596, 540 P.2d 115 (1975). “Whether these elements are present in a given case is ordinarily a question of fact.” Epperson v. Roloff, 102 Nev. 206, 211, 719 P.2d 799, 802 (1986). “Further, ‘[w]here an essential element of a claim for relief is absent, the facts, disputed or otherwise, as to other elements are rendered immaterial and summary judgment is proper.’ Bulbman, 108 Nev. at 111, 825 P.2d at 592.” Barmettler v. Reno Air, Inc., 114 Nev. 441, 447, 956 P.2d 1382, 1386 (1998). “‘[f]raud is never presumed; it must be clearly and satisfactorily proved.’” J.A. Jones Const. Co. v. Lehrer McGovern Bovis, Inc., 120 Nev. 277, 291, 89 P.3d 1009, 1018 (2004) (quoting Havas v. Alger, 85 Nev. 627, 631, 461 P.2d 857, 860 (1969)). “the essence of any misrepresentation claim is a false or misleading statement that harmed [the plaintiff].” Nanopierce Techs., Inc. v. Depository Trust & Clearing Corp., 123 Nev. 362, 168 P.3d 73, 82 (2007). False Representations: Estimates and opinions are not false representations. Commendatory sales talk (puffing) isn’t either. “Nevada Bell’s representations to Bulbman about the cost of Centrex and the installation time are estimates and opinions based on past experience with the system. As such, these representations are not actionable in fraud. See Clark Sanitation v. Sun Valley Disposal, 87 Nev. 338, 487 P.2d 337 (1971). Nevada Bell’s representations as to the reliability and performance of the system constitute mere commendatory sales talk about the product (‘puffing’), also not actionable in fraud. See e.g., Coy v. Starling, 53 Or.App. 76, 630 P.2d 1323 (1981). Furthermore, in his deposition, Gerald Roth, Jr., testified that he did not believe Nevada Bell had intentionally lied to him about its Centrex system. Rather, Roth stated that Nevada Bell might have been ‘more careful’ in making certain representations, particularly with respect to how long it would take to install a Centrex system. Roth’s testimony establishes the absence of fraudulent intent on the part of Nevada Bell.” Bulbman, Inc. v. Nev. Bell, 108 Nev. 105, 111, 825 P.2d 588, 592 (1992). “An estimate is an opinion and an estimate of value is an opinion as to value upon which reasonable and honorable men may hold differing views. This is the basis for the frequently announced rule that a charge of fraud normally may not be based upon representations of value. Frankfurt v. Wilson, 353 S.W.2d 490 (Tex.Civ.App.1961); Burke v. King, 176 Okl. 625, 56 P.2d 1185 (1936).” Clark Sanitation, Inc. v. Sun Valley Disposal Co., 87 Nev. 338, 341, 487 P.2d 337, 339 (1971). “Story, in his work on contracts, in discussing the various questions presented by the misrepresentations of the vendor, lays down the rule as follows: ‘If the seller fraudulently misrepresents facts, or states facts to exist which he knows not to exist, his fraud would vitiate the contract, provided the misstatements were in respect to a material point.’ (Section 636.) But where a statement is not made as a fact, but only as an opinion, the rule is quite different. Thus a false representation as to a mere matter of opinion * * * does not avoid the contract. * * * Ordinarily, a naked statement of opinion is not a representation on which a buyer is legally entitled to rely, unless, perhaps, in some special cases where peculiar confidence or trust is created between the parties. The ground of this rule is, probably, the impracticability of attempting to discover by means of the rules of law the real opinion of the party making the representation, and also because a mere expression of opinion does not alter facts, though it may bias the judgment. Mere expressions of opinion are not, therefore, considered so tangible a fraud as to form a ground of avoidance of a contract, even though they be falsely stated. * * * Yet, where a representation is made, going to the essence of a contract, the party making it should be careful to state it as an opinion, and not as a fact of which he has knowledge, or he may be liable thereon. The question whether a statement was intended to be given as an opinion, and was so received, is, however, one for a jury to determine, upon the peculiar circumstances of the case. But whenever a belief is asserted, as in a fact, which is material or essential, and which the person asserting knows to be false, and the statement is made with an intention to mislead, it is fraudulent and affords a ground of relief.’” Banta v. Savage, 12 Nev. 151, 0–4 (1877). Pleading Standards In actions involving fraud, the circumstances of the fraud are required by Nev.R.Civ.P. 9(b) to be stated with particularity. The circumstances that must be detailed include averments to the time, the place, the identity of the parties involved, and the nature of the fraud or mistake.” Brown v. Kellar, 97 Nev. 582, 583-84, 636 P.2d 874, 874 (Nev. 1981). Allegations of fraud upon “information or belief” must be backed up with reasons for the belief [i]t is not sufficient to charge a fraud upon information and belief…without giving the ground upon which the belief rests or stating some fact from which the court can infer that the belief is well founded. Tallman v. First Nat. Bank of Nev., 66 Nev. 248, 259, 208 P.2d 302, 307 (Nev. 1949). Requirements for pleading fraud generally: The “Relaxed Standard” The federal district court found that the plaintiffs’ allegations did not meet the strict requirement of FRCP 9(b), but it also found that “[w]here a plaintiff is claiming . . . to have been injured as the result of a fraud perpetrated on a third party, the circumstances surrounding the transaction are peculiarly within the defendant’s knowledge.”[22] Therefore, the court applied the relaxed standard and, pointing to the above facts, allowed the plaintiffs to conduct discovery and to amend their complaint to meet FRCP 9(b)’s pleading requirements.[23] This exception strikes a reasonable balance between NRCP 9(b)’s stringent requirements for pleading fraud and a plaintiff’s inability to allege the full factual basis concerning fraud because information and documents are solely in the defendant’s possession and cannot be secured without formal, legal discovery. Therefore, we adopt this relaxed standard in situations where the facts necessary for pleading with particularity “are peculiarly within the defendant’s knowledge or are readily obtainable by him.”[24] In addition to requiring that the plaintiff state facts supporting a strong inference of fraud, we add the additional requirements that the plaintiff must aver that this relaxed standard is appropriate and show in his complaint that he cannot plead with more particularity because the required information is in the defendant’s possession. If the district court finds that the relaxed standard is appropriate, it should allow the plaintiff time to conduct the necessary discovery.[25] Thereafter, the plaintiff can move to amend his complaint to plead allegations of fraud with particularity in compliance with NRCP 9(b).[26] Correspondingly, the defendant may renew its motion to dismiss under NRCP 9(b) if the plaintiff’s amended complaint still does not meet NRCP 9(b)’s particularity requirements. Rocker v. KMPG LLP, 122 Nev. 1185, 148 P.3d 703, (2006) (overruled on other grounds Buzz Stew, LLC v. City of N. Las Vegas, 181 P.3d 670 (Nev.2008)).(emphasis added). Particular pleading NRCP 9(b) requires that special matters (fraud, mistake, or condition of the mind), be pleaded with particularity in order to 473 afford adequate notice to the opposing party. Ivory Ranch, Inc. v. Quinn River Ranch, Inc., 101 Nev. 471, 73, 705 P.2d 673 (Nev. 1985). NRCP 8(a) requires that a pleading contain only a short and plain statement showing that the pleader is entitled to relief. In actions involving fraud, the circumstances of the fraud are required by NRCP 9(b) to be stated with particularity. The circumstances that must be detailed include averments to the time, the place, the identity of the parties involved, and the 584 nature of the fraud or mistake. 5 Wright and Miller, Federal Practice and Procedure s 1297 at p. 403 (1969). Malice, intent, knowledge and other conditions of the mind of a person may be averred generally. NRCP 9(b); see Occhiuto v. Occhiuto, 97 Nev. 143, 625 P.2d 568 (1981). Brown v. Kellar, 97 Nev. 582, 584, 636 P.2d 874 (Nev. 1981). Damages must have been proximately caused by the reliance and must be reasonably foreseeable “with respect to the damage element, this court has concluded that the damages alleged must be proximately caused by reliance on the original misrepresentation or omission. Collins, 103 Nev. at 399, 741 P.2d at 822 (determining that an award of damages for intentional misrepresentation based on losses suffered solely due to a recession was inappropriate). Proximate cause limits liability to foreseeable consequences that are reasonably connected to both the defendant’s misrepresentation or omission and the harm that the misrepresentation or omission created. See Goodrich & Pennington v. J.R. Woolard, 120 Nev. 777, 784, 101 P.3d 792, 797 (2004); Dow Chemical Co. v. Mahlum, 114 Nev. 1468, 1481, 970 P.2d 98, 107 (1998).” Nelson v. Heer, 123 Nev. 26, 426, 163 P.3d 420 (2007). “Chen’s skill in playing blackjack, rather than his misrepresentation of identity, was the proximate cause of his winnings. The false identification allowed Chen to receive $44,000 in chips, but it did not cause Chen to win. Thus, we hold that the Gaming Control Board’s determination that Chen committed fraud is contrary to law because the Monte Carlo did not establish all of the elements of fraud.” Chen v. Nev. State Gaming Control Bd., 116 Nev. 282, 285, 994 P.2d 1151, 1152 (2000). “Appellants contend they should recover all their losses throughout the life of the business. We cannot agree. The district court found subsequent operating losses were solely due to a recession that devastated the Carson City area in the early 1980’s. The trial court’s determination of a question of fact will not be disturbed unless clearly erroneous or not based on substantial evidence. Ivory Ranch v. Quinn River Ranch, 101 Nev. 471, 472, 705 P.2d 673, 675 (1985); NRCP 52(a). Since there is substantial evidence in the record indicating a severe economic recession in the period following the sale of the store, we will not disturb the district court’s finding that the economic climate caused subsequent losses. Collins v. Burns, 103 Nev. 394, 399, 741 P.2d 819, 822 (1987). ‘As a general rule, it is not sufficient to charge a fraud upon information and belief (and here there is not even an allegation of ‘information’) without giving the ground upon which the belief rests or stating some fact from which the court can infer that the belief is well founded.’ Bancroft Code Pleading, Vol. 1, page 79. See also-Dowling v. Spring Valley Water Co., 174 Cal. 218, 162 P. 894. Misrepresentations may be implied “a defendant may be found liable for misrepresentation even when the defendant does not make an express misrepresentation, but instead makes a representation which is misleading because it partially suppresses or conceals information. See American Trust Co. v. California W. States Life Ins. Co., 15 Cal.2d 42, 98 P.2d 497, 508 (1940). See also Northern Nev. Mobile Home v. Penrod, 96 Nev. 394, 610 P.2d 724 (1980); Holland Rlty. v. Nev. Real Est. Comm’n, 84 Nev. 91, 436 P.2d 422 (1968).” Epperson v. Roloff, 102 Nev. 206, 212–13, 719 P.2d 799, 803 (1986). False statement may be conveyed through an agent “a party may be held liable for misrepresentation where he communicates misinformation to his agent, intending or having reason to believe that the agent would communicate the misinformation to a third party. See generally W. Prosser, supra, § 107 at 703; Restatement (Second) of Torts, § 533 (1977).” Epperson v. Roloff, 102 Nev. 206, 212, 719 P.2d 799, 803 (1986). There is a duty to disclose where the defendant alone has knowledge of material facts not accessible to the plaintiff “Finally, with regard to the leakage problem, respondents argue that no affirmative representation was ever made that the house was free of leaks. At least implicitly, they argue that an action in deceit will not lie for nondisclosure. This has, indeed, been described as the general rule. Seediscussion, W. Prosser, supra, § 106, at 695-97. An exception to the rule exists, however, where the defendant alone has knowledge of material facts which are not accessible to the plaintiff. Under such circumstances, there is a duty of disclosure. Thus, in Herzog v. Capital Co., supra, the court upheld a jury’s award of damages to the purchaser of a leaky house, holding under the circumstances of that case, that the jury correctly found that the vendor had a duty to reveal ‘the hidden and material facts’ pertaining to the leakage problem. Id. at 10. In numerous other cases, involving analogous facts, a jury’s finding of a duty of disclosure has been upheld. See, e.g., Barder v. McClung, 93 Cal.App.2d 692, 209 P.2d 808 (1949) (vendor failed to disclose fact that part of house violated city zoning ordinances); Rothstein v. Janss Inv. Corporation, 45 Cal.App.2d 64, 113 P.2d 465 (1941) (vendor failed to disclose fact that land was filled ground).” Epperson v. Roloff, 102 Nev. 206, 213, 719 P.2d 799, 803–804 (1986). Intent to Induce the Plaintiff to Act or Refrain from Acting The intent to defraud must exist at the time the promise is made. “The mere failure to fulfill a promise or perform in the future, however, will not give rise to a fraud claim absent evidence that the promisor had no intention to perform at the time the promise was made. Webb v. Clark, 274 Or. 387, 546 P.2d 1078 (1976).” Bulbman, Inc. v. Nev. Bell, 108 Nev. 105, 112, 825 P.2d 588, 592 (1992). “Intent must be specifically alleged.” Jordan v. State ex rel. Dep’t of Motor Vehicles & Pub. Safety, 121 Nev. 44, 75, 110 P.3d 30, 51 (2005); see also Tahoe Village Homeowners v. Douglas Co., 106 Nev. 660, 663, 799 P.2d 556, 558 (1990) (upholding the dismissal of an intentional tort complaint that failed to allege intent). ‘[F]raud is not established by showing parol agreements at variance with a written instrument and there is no inference of a fraudulent intent not to perform from the mere fact that a promise made is subsequently not performed. 24 Am.Jur. 107; 23 Am.Jur. 888.” Tallman v. First Nat’l Bank of Nev., 66 Nev. 248, 259, 208 P.2d 302, 307 (1949). “It is only when independent facts constituting fraud are first proven that parol evidence is admissible. ‘Our conception of the rule which permits parol evidence of fraud to establish the invalidity of the instrument is that it must tend to establish some independent fact or representation, some fraud in the procurement of the instrument, or some breach of confidence concerning its use, and not a promise directly at variance with the promise of the writing. We find apt language in Towner v. Lucas’ Ex’r, 54 Va. (13 Grat.) 705, 716, in which to express our conviction: ‘It is reasoning in a circle, to argue that fraud is made out, when it is shown by oral testimony that the obligee contemporaneously with the execution of a bond promised not to enforce it. Such a principle would nullify the rule: for conceding that such an agreement is proved, or any other contradicting the written instrument, the party seeking to enforce the written agreement according to its terms, would always be guilty of fraud. The true question is, Was there any such agreement? And this can only be established by legitimate testimony. For reasons founded in wisdom and to prevent frauds and perjuries, the rules of the common law exclude such oral testimony of the alleged agreement; and as it cannot be proved by legal evidence, the agreement itself in legal contemplation cannot be regarded as existing in fact. Neither a court of law or of equity can act upon the hypothesis of fraud where there is no legal proof of it.’’ Bank of America Nat. Trust & Savings Ass’s v. Pendergrass, 4 Cal.2d 258, 48 P.2d 659, 661.” Tallman v. First Nat’l Bank of Nev., 66 Nev. 248, 258–59, 208 P.2d 302, 307 (1949). Justifiable Reliance The false representation must have played a material and substantial role in the plaintiff’s decisionmaking, and made him make a decision he would not otherwise have made. “In order to establish justifiable reliance, the plaintiff is required to show the following:’The false representation must have played a material and substantial part in leading the plaintiff to adopt his particular course; and when he was unaware of it at the time that he acted, or it is clear that he was not in any way influenced by it, and would have done the same thing without it for other reasons, his loss is not attributed to the defendant.’ Lubbe v. Barba, 91 Nev. 596, 600, 540 P.2d 115, 118 (1975) (quoting Prosser, Law of Torts, 714 (4th ed. 1971)) (emphasis added).” Blanchard v. Blanchard, 108 Nev. 908, 911, 839 P.2d 1320, 1322 (1992). If the plaintiff made independent investigations and discovered facts that he is now claiming the defendant disclosed, he cannot be said to have justifiably relied on any of the defendant’s statements. “Generally, a plaintiff making ‘an independent investigation will be charged with knowledge of facts which reasonable diligence would have disclosed. Such a plaintiff is deemed to have relied on his own judgment and not on the defendant’s representations.’ Id. at 211, 719 P.2d at 803 (citingFreeman v. Soukup, 70 Nev. 198, 265 P.2d 207 (1953)). However, we also recognize that ‘an independent investigation will not preclude reliance where the falsity of the defendant’s statements is not apparent from the inspection, where the plaintiff is not competent to judge the facts without expert assistance, or where the defendant has superior knowledge about the matter in issue.’ Id. 102 Nev. at 211-12, 719 P.2d at 803 (emphasis added) (citations omitted).” Blanchard v. Blanchard, 108 Nev. 908, 912, 839 P.2d 1320, 1323 (1992). Where falsity of defendant’s statements is not apparent from the inspection, the plaintiff will not be charged with this knowledge. “We have previously held that a plaintiff who makes an independent investigation will be charged with knowledge of facts which reasonable diligence would have disclosed. Such a plaintiff is deemed to have relied on his own judgment and not on the defendant’s representations. See Freeman v. Soukup, 70 Nev. 198, 265 P.2d 207 (1953). Nevertheless, an independent investigation will not preclude reliance where the falsity of the defendant’s statements is not apparent from the inspection, where the plaintiff is not competent to judge the facts without expert assistance, or where the defendant has superior knowledge about the matter in issue. See Stanley v. Limberys, 74 Nev. 109, 323 P.2d 925 (1958); Bagdasarian v. Gragnon, 31 Cal.2d 744, 192 P.2d 935 (1948).” Epperson v. Roloff, 102 Nev. 206, 211–12, 719 P.2d 799, 803 (1986). There is only a duty to investigate where there are red flags–where the hidden information is patent and obvious, and when the buyer and seller have equal opportunities of knowledge. “Lack of justifiable reliance bars recovery in an action at law for damages for the tort of deceit. Pacific Maxon, Inc. v. Wilson, 96 Nev. 867, 870, 619 P.2d 816, 818 (1980). However, this principle does not impose a duty to investigate absent any facts to alert the defrauded party his reliance is unreasonable. Sippy v. Cristich, 4 Kan.App.2d 511, 609 P.2d 204, 208 (1980). The test is whether the recipient has information which would serve as a danger signal and a red light to any normal person of his intelligence and experience. Id. It has long been the rule in this jurisdiction that the maxim of caveat emptor only applies when the defect is patent and obvious, and when the buyer and seller have equal opportunities of knowledge. Fishback v. Miller, 15 Nev. 428, 440 (1880). Otherwise, a contracting party has a right to rely on an express statement of existing fact, the truth of which is known to the party making the representation and unknown to the other party. Id. The recipient of the statement is under no obligation to investigate and verify the statement. Id.” Collins v. Burns, 103 Nev. 394, 397, 741 P.2d 819, 821 (1987). How Florida Homeowners Can Quiet Title to their Properties Posted by BNG in Federal Court, Foreclosure Defense, Fraud, Judicial States, Non-Judicial States, Pro Se Litigation, State Court, Your Legal Rights Court clerk, Default judgment, Filing (legal), Florida, Lis pendens, Motions, Process Service, Quiet title The information provided below is for a quiet title action in Florida. Your state may use different procedures. In order to file a quiet title action, you will need the following documents: 1) Civil Cover sheet 2) Summons 3) Lis Pendens 4) Complaint 5) Exhibit-A: Copy of the Warranty Deed 6) Exhibit-B: Rescission letter or court order if applicable The Civil Cover Sheet form is filed by the plaintiff or petitioner for the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statute section 25.075. This document is given to the sheriff or process server to be served on the defendant. If there is more than one defendant, additional copies will be needed. The lis pendens serves to put the public on notice that a case is pending concerning a specific property. The complaint should have a style case and signature block in compliance with Florida filing guidelines. The sample complaint complies with the guideline. Once the package of documents is ready, take them to the filing office at the county Court that has jurisdiction over your property. The filing fee may be a shock based on the value of the property. In 2009, Florida legislator passed new law dramatically increasing filing fee for foreclosure and quiet title actions. It may cost you a few hundred if not thousands of dollar. I don’t think you should be discouraged by that. If you don’t have the money, you can file for indigent status by filing the proper form. Your county clerk can give you the form. Once your case has been filed, the clerk will assign a case number and return to you copies of the summons, lis pendens and the complaint. You need to take them to the sheriff office for process service or choose a private process server company. It is possible that the summon cannot be served because the company is out of the business. If that’s the case, notice should be published in the local law journal. Check with the clerk for a list of acceptable publication. The sheriff will charge about $40. Once the summons is served: – The plaintiff has 20 days to answer your complaint. – If the plaintiff does not answer within that time frame, file a Motion for Default. – When a default is entered, file a Motion for Default Judgment. – File an affidavit in support of Motion for Default Judgment. – Schedule a hearing with the judicial assistance after 20 days to have your motion for default judgment heard. Remember to bring a court reporter along. – Prepare and bring with you a proposed order for Final Default Judgment Quieting Title. – If your motion is granted, hand over the proposed order to the judge to sign. – Once the judge signed the order, you will receive a copy by mail. – The clerk will be ordered to record the judgment in the public record. You’re done! You have quieted your title. Enjoy your property free and clear. No more refi PLEASE. For additional protection you may want to put the title under a living trust out of your name or record a new mortgage. Quiet title is not a silver bullet; it is just another tool to protect your property. Any party can come later and try to vacate your quiet title judgment. For that reason, you need to make sure that you do it right. If a party who is entitled to service of process is not served, the judgment will most likely be vacated. Proper service of process is extremely important. Do not take it lightly. With the passing of time, the quiet title judgment becomes stronger. Successful Appeal Guidelines For Wrongful Foreclosure Posted by BNG in Appeal, Discovery Strategies, Federal Court, Judicial States, Litigation Strategies, Non-Judicial States, Pleadings, Pro Se Litigation, Trial Strategies, Your Legal Rights Appeal, Appellate court, Jury instructions, Law, Motion (legal), Oral argument in the United States, Services, Trial court In the heat of battle at trial, it can be challenging to remember that the legal war may not end with the trial court’s judgment. The final victory ultimately may depend upon the record created and preserved for appeal. Here are ten important guide to help ensure that your case is appealable—and “appealing”—to a reviewing court. 1: Make an appellate battle plan. Start by preparing a thorough written analysis of the legal theories at issue in your case. Be certain to include the elements of each cause of action and defense you plan to allege, and of those you anticipate your opponent will raise. Include all applicable standards and burdens of proof for getting to the jury (such as requiring expert testimony on the standard of care). As you analyze, consider whether your case presents any potential constitutional claims. Constitutional issues are of keen interest to appellate courts, and presenting interesting constitutional arguments may increase the chances for a grant of discretionary review or of oral argument on appeal. 2: As the battle begins, begin building the record. If it’s not in the record, it didn’t happen. There is nothing more important to an appeal than ensuring that there is an adequate record to present to the appellate court. The trial record is all that the appellate court may consider when deciding appellate issues. As you move into the pretrial and trial phases, you must make sure that all issues are presented to the trial court, that error is preserved, and that harm from the error is shown on the appellate record. The court of appeals is not the place to try to perfect the trial record: Almost every appellate argument must first be raised in the trial court to be preserved for appeal. This means you must be thorough in your writings to the court and ensure the record is complete, clean, and comprehensive. 3: Aim, fire, and engage with an appeal in mind. Because your pleadings will prescribe the universe of substantive issues to be tried—and ultimately to be considered on appeal—plead properly and well. In federal court, make sure the Rule 16 pretrial order properly states all your claims and defenses. Because the pretrial order supersedes the pleadings and controls the subsequent course of the action, Rule 16 may bar review of an issue that was omitted from the pretrial order. Check your pleadings and pretrial order against your battle plan analysis and draft charge to make sure nothing is waived. Remain mindful of record preservation as you begin to narrow the battlefield through discovery, pretrial motions, and hearings. The history of all pretrial skirmishes will be told at the appellate level only through the record, and you might be relying on these early rulings to establish reversible error. 4: Tell a clear and compelling story . . . on the record. Once you are in trial, you (properly) will be thinking about the story that is unfolding in front of the jury. However, you must also be aware that the record will have to tell a story to the appellate court as well. As you move through pretrial and trial, look ahead to the statement of facts on appeal. Because the appellate court will view your case only through the cold record, the statement of facts is a critically important section of an appellate brief: It must tell a coherent tale, preferably an interesting one. So plan your presentation of evidence at trial so that you will have fully fleshed out facts on appeal. There is nothing more tedious in preparing an appellate brief than searching the record for that one small—but now essential— fact that you are certain was mentioned somewhere, sometime. 5: Make good objections and get a ruling . . . on the record. Here are the four saddest words you can hear from an appellate court: “Great argument; not preserved.” To preserve the issue for appeal, you must raise an objection, ask for a cure, and secure a ruling. You must ensure that the trial record accurately reflects timely, meaningful objections, made on clearly stated grounds and followed by a ruling by the court (or a clear request to rule). Pay attention to the timeliness of your objections. Generally, the objection must be made as soon as the objectionable situation arises. Timing is key: A premature or late objection is like no objection and does not preserve error. When in doubt, object. If an aligned co‑party is making the objection, motion, or request, and you want to join, be sure that the record shows it. If you end up being the only appellant, you will want the benefit of the other party’s objections. And here’s a cautionary note: A key record-preservation mistake is “inviting error” by relying upon evidence that you have objected to at trial. 6: Keep the record complete. To present your case fully on appeal—and to preserve clearly an error for review—you must be sure that the appellate record be complete, reflecting all substantive issues argued, any complaint about error and its preservation, and the harm that error caused. o begin, make sure the clerk has filed all your pleadings and motions, as well as all orders, the jury verdict, and the judgment. Get a file-marked copy for your file. Ensure that exhibits are actually admitted into evidence or made part of the record as excluded. Exhibits that are merely marked and offered are not part of the record on appeal. If the trial court excludes an exhibit, ask the court to admit the document as a “court exhibit” so you can show the appellate court what was excluded in order to obtain reversal on appeal. An erroneous exclusion of any other type of evidence likewise is generally not reviewable on appeal unless the proponent makes an adequate offer of proof. Keep your own list of all exhibits as they are offered into evidence, indicating what has and has not been admitted. If you go off the record for conversation and sidebar discussions, make sure you request to be put back on the record when ready. Also, make sure you memorialize any requests and rulings that occurred off the record when you go back on. Particularly, make sure the court reporter is recording your objections, and see to it that the court reporter’s fingers are moving when you want what is being said to be on the record. 7: Keep the record clean. Correct any misstatement of the court or opposing counsel immediately—these can come back to haunt you on appeal. Also, take remedial measures to clean up prejudicial evidence in the record and preserve the error if it remains: a motion for mistrial (if prejudicial evidence is before the jury), a motion to strike (if evidence that should not be in the record finds its way into the record), or a request for curative instructions to the jury (if the court denies either of the other two motions). Let the court know if these instructions are insufficient, and object if denied. 8: Craft the perfect jury charge and preserve objections to the court’s imperfect one. Many appellate issues arise from the court’s instruction to the jury. As a result, error in the court’s charge is among the most likely sources of reversible error on appeal. Generally, parties are presumed to have consented to erroneous submissions in the absence of an objection by either party, and a party cannot claim error in the court’s failure to give a particular instruction if the party did not request that instruction. Similarly, a party cannot claim that a correct jury instruction was too general or incomplete unless it requested a clarifying instruction. Questions, instructions, and definitions submitted to the jury are restricted to those raised by the written pleadings and the evidence—an opponent’s proposed submission of an unpleaded theory of recovery or affirmative defense should be the subject of an objection. Specificity in objections is the key to preserving arguments about charge error: A party objecting to a charge must point out distinctly the objectionable matter and the grounds of the objection. To avoid waiving complaints of harmful charge error, be certain to make all objections to the charge on the record (even if those objections have been thoroughly discussed in an informal, off-the-record charge conference). Object before the charge is read to the jury and be sure to obtain rulings on the record to all oral objections to the charge. Another cautionary note: An appellant cannot complain about an error that it created or invited. A classic example of “invited” error is an erroneous jury instruction that an appellant requested—parties may not request a submission and then object to it. 9: What is the best way to set the stage for a successful appeal? Win at trial and be the appellee! One exception to this rule is to be the appellant if you have a default judgment. 10: Preserve appellate arguments post-trial, and prepare for attack on the appellate front. Preservation of the record after verdict and judgment is critical to an effective appeal. It is essential that post‑trial motions be carefully drafted to preserve appellate arguments. These motions include motions for judgment, motions for judgment notwithstanding the verdict, motions to disregard certain parts of the jury’s verdict, motions for new trial, and motions to modify, correct, or reform the judgment. If your trial was before the court rather than a jury, carefully follow your jurisdiction’s rules for preserving appellate complaints about the court’s findings of fact and conclusions of law. Also, be mindful of time limitations for filing post-trial motions. In both state and federal courts, generally a narrow window exists to take this important step on the way to appeal. Legal issues, which are reviewed de novo, have better odds for reversal than fact issues, which will be reviewed more deferentially. And post-trial motions are a good time for losing parties to find constitutional issues, which may help you obtain discretionary review in higher-level appellate courts as well as improve your chances for a grant of oral argument. Victory in litigation is often elusive—a win in the trial court can become a loss on appeal, and vice versa. Every homeowner involved in a wrongful foreclosure lawsuit must focus not only on the trial but also on the possibility of appeal. This requires early planning and constant vigilance. What Florida Homeowners Need to Know About Mortgage Assignments Posted by BNG in Affirmative Defenses, Banks and Lenders, Case Laws, Case Study, Foreclosure Defense, Fraud, Judicial States, MERS, Non-Judicial States, Pro Se Litigation, Your Legal Rights Article 9 of the Japanese Constitution, Assignment (law), Business, Florida Supreme Court, Promissory note, Securitization, UCC, Uniform Commercial Code Today, a mortgage originator might make hundreds of loans and assign them as collateral to borrow money from a bank in a “mortgage warehouse facility.” The borrowed money is used to originate more mortgages. A mortgage warehouse is often only temporary, so the mortgages might be transferred from one facility to another. When the mortgage originator has a sufficiently large pool of mortgages, it may permanently “securitize” them by assigning them to a newly formed company that issues securities that are then sold to investors. In the end, the company owns the mortgages, and the investors receive payments on the securities which are based on the collections from the mortgage pool. In this manner, mortgages are effectively packaged as securities, which can more easily be traded than individual mortgages — hence the name “securitization.” The recorded form assignment I prepared as a young associate is not well-suited to use in these transactions. Because transactions involve the assignment of hundreds or even thousands of mortgages, there is a temptation to skip the step of recording an assignment in the public records, particularly when the assignment is only a temporary collateral assignment. Transactions sometimes take the form of nothing more than an unrecorded pledge of the mortgages in bulk to the bank, together with delivery of the original notes to the bank for perfection. In many instances, even the task of holding possession of the notes is outsourced to a bailee who holds the notes for the bank’s benefit. The mortgages might be transferred many times by unrecorded assignment in bulk without physically moving the notes, but with the bailee simply signing a receipt changing the name of the lender for whom it holds the notes. The attorneys who pioneered these transactions were comforted that the structure would work by legal conclusions they drew from Article 9 of the Uniform Commercial Code (UCC), the Official Comments to the UCC (Comments),2 and favorable case law.3 The law was clear enough that attorneys were able to give legal opinions concerning perfection, but as the amount of securitized mortgages reached into the trillions of dollars, the uniform law commissioners decided to revisit Article 9 and make it safe for securitizations by officially sanctioning these practices. It is useful to observe the simplicity of a mortgage assignment in its purest form. F.S. §673.2031(1) (2010), governing negotiable instruments, states that “[a]n instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.” Even before the UCC, the Florida Supreme Court ruled that a mortgage can be transferred without a written assignment simply by delivering the note with intent to assign it.4 So at its core, between the parties to the assignment, assigning a mortgage is very much like selling a used lawn mower. What makes it more complex in practice is the potential for disputes and the precautions that must be taken to protect the parties. There are a number of contexts in which mortgage assignments might be considered: 1) The rights of a mortgage assignor and assignee vis-a-vis each other; 2) The rights of a mortgage assignee relative to the rights of its creditors, including lien creditors and bankruptcy trustees; 3) The rights of a mortgage assignee relative to the rights of a subsequent assignee; 4) The obligation of a mortgagor to make payment to the mortgage holder; 5) The right of the mortgage holder to foreclose in the event of default; and 6) The rights of a person acquiring an interest in the real estate. The drafters of Article 9 focused primarily on problems one through three because these related to the issues that most concerned securitization participants and their attorneys. The rules the drafters set up treated mortgages as personal property that could be transferred without regard to the real estate records.5 Article 9 extends to sales of promissory notes, as well as assignments for security purposes.6 Although Article 9 recognizes some differences between collateral assignments and sales of notes, the UCC does not provide rules to distinguish a collateral assignment from an absolute assignment.7 Thus, the term “secured party” includes a collateral assignee as well as a purchaser of promissory notes,8 and the term “debtor” includes both an assignor of promissory notes for security and a seller of promissory notes.9 Problem 1 — Attachment Article 3 governs the transfer of negotiable instruments. Article 9 governs security interests in and sales of both negotiable and nonnegotiable promissory notes. Thus, there is some overlap. The principal effect of extending Article 9 to sales of promissory notes was to apply the perfection and priority rules to those transactions. F.S. §679.2031 (2010) determines when an assignment “attaches” or in other words, when it becomes effective between the assignor and assignee. That section requires that a) value be given; b) the debtor has rights in the collateral; and c) either the debtor has “authenticated a security agreement” describing the collateral or the secured party is in possession of the collateral pursuant to the security agreement.10 In the case of an assignment of a promissory note, the promissory note is the “collateral”11 and the assignment is the “security agreement.”12 Thus, the assignment becomes enforceable between the assignor and assignee when value is given, the assignor has assignable rights in the promissory note, and the assignor has either executed a written assignment describing the promissory note or the assignee has taken possession pursuant to the agreement of the assignor to assign the promissory note. Attachment of the security interest to the promissory note also constitutes attachment of the security interest to the mortgage, effectively adopting the pre-Article 9 case law that the mortgage follows the promissory note.13 A written assignment of the promissory note will satisfy the “security agreement” requirement whether the assignment is made pursuant to a sale or for the purpose of collateral. Similarly, an indorsement pursuant to Article 3 should satisfy that requirement.14 However, the implication of F.S. §§673.2031 and 679.2031 (2010), and of Johns v. Gillian, 184 So. 140 (Fla. 1938), is that the security agreement need not be in writing, so long as there is intent to assign and the promissory note is delivered to the assignee.15 Problem 2 — Perfection Third parties lacking notice are not bound merely because the assignor and assignee have agreed among themselves that the mortgage has been transferred to the assignee. To protect the assignee from claims of third parties dealing with the assignor, the assignment must be perfected. Perfection of the security interest in the promissory note operates to perfect a security interest in the mortgage.16 The assignee may perfect its rights against the conflicting rights of a lien creditor (including a judgment lien holder, bankruptcy trustee, or receiver)17 by taking possession of the original promissory note18 or by filing a financing statement in the applicable filing office19 (which for a debtor located in Florida is the Florida Secured Transactions Registry).20 Possession may be effected by means of a bailee, provided that the bailee authenticates a writing acknowledging that it holds possession for the benefit of the secured party.21 However, not all modes of perfection are equal. As discussed below in connection with priority, possession of the promissory note generally offers more protection than filing a financing statement. All modes of perfection, however, provide protection against the rights of a subsequent lien creditor.22 In the case of a sale of the promissory note (as opposed to a collateral assignment), perfection is automatic upon attachment.23 Thus, neither possession nor filing is needed to perfect against the rights of subsequent lien creditors, provided that the assignment is a true sale rather than a secured transaction. However, for several reasons, absolute assignees often perfect by possession of the promissory note and/or filing, even though perfection is automatic in the case of a sale.24 Problem 3 — Priority The question of whether an assignee prevails over another assignee is one of priority. Pursuant to F.S. §679.322(1)(a) (2010), if both assignments are perfected, then priority is generally determined by the time of filing or perfection. Perfection is accomplished by filing automatically in the case of sales, or by possession of the promissory note. However, §679.322(3) refers to F.S. §679.330 (2010), which states in part: “[A] purchaser of an instrument has priority over a security interest in the instrument perfected by a method other than possession if the purchaser gives value and takes possession of the instrument in good faith and without knowledge that the purchase violates the rights of the secured party.” Regardless of whether the assignee receives absolute ownership pursuant to a true sale or merely an assignment for the purpose of security, the assignee is considered a “purchaser.”25 If the second assignee takes possession for value in good faith and without knowledge that it violates the first assignee’s rights, then the second assignee takes priority over an assignment perfected without possession. Mere filing of a financing statement by the first assignee (and even actual knowledge by the second assignee of such a filing) is not enough to charge the second assignee with a lack of good faith or knowledge that the second assignment violated the first assignee’s rights.26 It is not clear precisely what facts might disqualify the assignee in possession from relying on §679.330(4) for its priority, but F.S. §671.201(20) (2010) provides a general definition of “good faith,” which requires honesty in fact (an actual knowledge standard), and observance of reasonable commercial standards of fair dealing. Given this nebulous standard, the party who perfects by filing or automatically should assume that it will not be protected against a subsequent assignee who takes possession. The foregoing principles are demonstrated in American Bank of the South v. Rothenberg, 598 So. 2d 289 (Fla. 5th DCA 1992). In that case, the bank took a security interest in a note and mortgage, perfected by possession. The assignor then sold the same note to a second assignee. The second assignee recorded his assignment in the public records before the bank did, but received only a copy of the note. The court held that though he recorded first, the second assignee lost because the bank had possession. Although the case did not involve a UCC filing by the losing assignee, that would not have changed the result since possession generally trumps a UCC filing. In fact, because the mortgage was sold (rather than assigned as collateral), the second assignee’s interest was perfected automatically. However, like filing, automatic perfection does not generally protect the assignee from a conflicting assignment perfected by possession. If the assignment is intended only as secondary collateral on unspecific assets, then possibly the assignee would be satisfied with such ethereal rights as are created by merely filing, but if the assignee is giving new value to acquire specific mortgages, then greater protection is usually required — namely, possession of the promissory note. Problem 4 — Who Does the Mortgagor Pay? Comment 6 to UCC §9-308 explains that Article 3 (not Article 9) dictates who the maker of a negotiable instrument must pay. F.S. §673.6021(1) (2010) states that with limited exceptions (knowledge of injunction or theft, etc.), the instrument is discharged upon payment to “a person entitled to enforce the instrument.” F.S. §673.3011 (2010) states: The term “person entitled to enforce” an instrument means: (1) The holder of the instrument; (2) A nonholder in possession of the instrument who has the rights of a holder; or (3) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 or s. 673.4181(4). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. In general, it is the “holder” who is entitled to enforce the instrument. “The person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession” is a “holder.”27 In some instances, a nonholder may enforce the instrument. The comment to UCC §3-301 states that a “person who under applicable law is a successor to the holder or otherwise acquires the holder’s rights” can enforce the instrument under subsection (2), even though not a holder. This would include an assignee from the holder who for some reason did not become a holder, perhaps because it did not receive a proper indorsement.28 Subsection (3) would include an assignee who is not a holder because the instrument was lost. One might wonder whether these provisions make any sense. The mortgagor cannot be expected to ascertain the holder by demanding exhibition of the promissory note whenever it makes a payment,29 nor would the lender likely accommodate such a demand, even if made. Usually, the note expressly waives presentment, so that the original need not be exhibited on demand for payment.30 In the real world, the mortgagor simply pays whomever the note says should be paid (often a servicer), until the mortgagor receives a notice to pay someone else. The law of contract and agency will often lead a court to give effect to payments made in this manner, despite Article 3.31 Nevertheless, unless the parties have expressly or impliedly agreed otherwise, Article 3 requires the mortgagor to ascertain the status of the payee as holder by demanding exhibition of the promissory note, and the holder must comply as a condition for demanding payment. Article 3 does not control payment of nonnegotiable notes.32 The common law of contract generally applies. The common law rule is that payment of a nonnegotiable promissory note can be made to the payee without demanding delivery of the original promissory note, and will be effective so long as the maker does not have notice that the payee has transferred the promissory note to a third person.33 In other words, the result is not very different from the “real world” practice of making payment on a negotiable promissory note, as described above. Problem 5 — Who Has Standing to Foreclose the Mortgage? The provisions of Article 3 speak in terms of who is entitled to “enforce” an instrument. Thus, the solution to problem four must also be the solution to problem five. Unlike problem four, however, there are a number of reported cases concerning standing in foreclosures that must be considered. It should come as no surprise that the holder of the promissory note has standing to maintain a foreclosure action.34 Further, an agent for the holder can sue to foreclose.35 The holder of a collateral assignment has sufficient standing to foreclose.36 Failure to file the original promissory note or offer evidence of standing might preclude summary judgment.37 Even when the plaintiff files the original, it might be necessary to offer additional evidence to show that the plaintiff is the holder or has rights as a nonholder. In BAC Funding Consortium, Inc. v. Jean-Jacques, 28 So. 3d 936 (Fla. 2d DCA 2010), for example, the court reversed a summary judgment of foreclosure, saying the plaintiff had not proven it held the note. The written assignment was incomplete and unsigned. The plaintiff filed the original note, which showed an indorsement to another person, but no indorsement to the plaintiff. The court found that was insufficient. Clearly, a party in possession of a note indorsed to another is not a “holder,” but recall that Johns v. Gillian holds that a written assignment is not needed to show standing when the transferee receives delivery of the note. The court’s ruling in BAC Funding Consortium was based on the heavy burden required for summary judgment. The court said the plaintiff did not offer an affidavit or deposition proving it held the note and suggested that “proof of purchase of the debt, or evidence of an effective transfer” might substitute for an assignment.38 In Jeff-Ray Corp. v. Jacobson, 566 So. 2d 885 (Fla. 4th DCA 1990), the court held that an assignment executed after the filing of the foreclosure case was not sufficient to show the plaintiff had standing at the time the complaint was filed. In WM Specialty Mortgage, LLC v. Salomon, 874 So. 2d 680 (Fla. 4th DCA 2004), however, the court distinguished Jeff-Ray Corp., stating that the execution date of the written assignment was less significant when the plaintiff could show that it acquired the mortgage before filing the foreclosure without a written assignment, as permitted by Johns v. Gilliam.39 When the note is lost, a document trail showing ownership is important. The burden in BAC Funding Consortium might be discharged by an affidavit confirming that the note was sold to the plaintiff prior to foreclosure. Corroboratory evidence of sale documents or payment of consideration is icing on the cake, but probably not needed absent doubt over the plaintiff’s rights. If doubt remains, indemnity can be required if needed to protect the mortgagor.40 In the case of a defaulting mortgagor, someone presumably has a right to foreclose. Excessively strict standing requirements might result in a windfall to the mortgagor at the expense of the lender. At the same time, courts must ensure that the mortgagor is not subjected to double liability. A review of the cases shows that while there are a few cases in which mortgagors paid the wrong party and were later held liable to the true holder, there is a dearth of cases in Florida where a mortgagor was foreclosed by one putative mortgagee, and later found liable to another who was the true holder. The lack of such nightmare cases is a testament to the fine job courts have done in enforcing the standing requirements, but it also begs the question whether the risk of double liability may be overstated. Given the long foreclosure process in Florida, a defaulting borrower is unlikely to remain unaware of conflicting demands long enough to complete a foreclosure. It seems that in such an event, either the borrower must have ignored conflicting demands, or one of the putative mortgagees sat on its rights. While both are plausible scenarios, they each present clear equities that should assist a court in positioning the loss. Problem 6 — Real Estate Transactions The UCC deals with problems one through five, but the Article 9 Comments expressly disclaim intent to deal with problem six because it is an issue of real estate law beyond Article 9’s scope.41 In Florida, a mortgage is not an interest in real estate, but rather personal property.42 On the other hand, the statutes permit persons taking an interest in real estate to rely on the real estate records to determine ownership of a mortgage without regard to the UCC. F.S. §701.02 (2010) says in part: 701.02. Assignment not effectual against creditors unless recorded and indicated in title of document; applicability (1) An assignment of a mortgage upon real property or of any interest therein, is not good or effectual in law or equity, against creditors or subsequent purchasers, for a valuable consideration, and without notice, unless the assignment is contained in a document that, in its title, indicates an assignment of mortgage and is recorded according to law. (2) This section also applies to assignments of mortgages resulting from transfers of all or any part or parts of the debt, note or notes secured by mortgage, and none of same is effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration without notice, unless a duly executed assignment be recorded according to law. (4) Notwithstanding subsections (1), (2), and (3) governing the assignment of mortgages, chapters 670-680 of the Uniform Commercial Code of this state govern the attachment and perfection of a security interest in a mortgage upon real property and in a promissory note or other right to payment or performance secured by that mortgage. The assignment of such a mortgage need not be recorded under this section for purposes of attachment or perfection of a security interest in the mortgage under the Uniform Commercial Code. (5) Notwithstanding subsection (4), a creditor or subsequent purchaser of real property or any interest therein, for valuable consideration and without notice, is entitled to rely on a full or partial release, discharge, consent, joinder, subordination, satisfaction, or assignment of a mortgage upon such property made by the mortgagee of record, without regard to the filing of any Uniform Commercial Code financing statement that purports to perfect a security interest in the mortgage or in a promissory note or other right to payment or performance secured by the mortgage, and the filing of any such financing statement does not constitute notice for the purposes of this section. For the purposes of this subsection, the term “mortgagee of record” means the person named as the mortgagee in the recorded mortgage or, if an assignment of the mortgage has been recorded in accordance with this section, the term “mortgagee of record” means the assignee named in the recorded assignment. One can accept that a person taking an interest in real estate should be charged with notice only of what appears from the real estate records. However, the statute seems overly broad in that it says an assignment must be recorded to be effectual against creditors and purchasers. Subsections (1) and (2) seem to contradict the rules of Article 9, which permit perfection against lien creditors merely by taking possession of the note or filing a financing statement. Also, under Article 9, a good faith purchaser with possession takes free of a prior assignment, even if recorded. Although subsection (4) says the statute does not alter the perfection requirements of Article 9, what does the statute mean if not that an unrecorded assignment of mortgage is not enforceable against creditors of the assignor? One might argue that §701.02 means that an absolute assignment must be recorded in the real estate records, while a collateral assignment need not be recorded.43 Subsection (4) discusses perfection of a “security interest,” but it does not specifically mention a sale of the mortgage.However, the term “security interest” in the UCC includes an assignment pursuant to a sale,44 and the term “assignment” in subsections (1) and (2) is not, on its face or in the case law, limited to absolute assignments.45 Such a limitation would undercut the §701.02 protections given to real estate purchasers (particularly considering the case law holding that a collateral assignee in possession may enforce the mortgage). Likewise, requiring a sale to be recorded in the real estate records for validity against subsequent purchasers from the mortgagee would undermine the protections for purchasers of mortgages under the UCC. Clearly, the statute says that an assignment need not be recorded to be perfected under the UCC, but that does not necessarily mean that an unrecorded assignment will be effective against a person taking an interest in the realty in reliance on the real estate records. Perhaps the term “creditors” refers only to creditors of the fee title owner of the land — not to creditors of the mortgage assignor. There is no need to protect creditors of a mortgage assignor with this statute. The priority of a lien creditor of the assignor is adequately addressed by Article 9. By contrast, creditors of the fee title owner are not protected by Article 9 and might rely on the real estate records in acquiring an interest in or lien on the real estate.46 Also, the subsection (5) phrase “purchaser of real property” supports that interpretation. There is no mention of purchasers of the mortgage. If that is the intent of the statute, then the unqualified use of the term “creditors” is unfortunate. The statute should say the protection extends to creditors, purchasers, or other persons acquiring an interest in the real property, but not to persons acquiring a mortgage from the mortgagee (whose rights are determined instead by the UCC). Even though it could be clearer, the foregoing interpretation is not plainly refuted by the statutory language. Moreover, there is case law support. In American Bank of the South v. Rothenberg, 598 So. 2d 289 (Fla. 5th DCA 1992), also discussed above, the bank received a collateral assignment and took possession of the note. However, the note was sold to a second assignee who recorded first in the real estate records and argued that §701.02 gave him better title. The court disagreed, stating: The confusion in this case arises from the failure of both parties to recognize that section 701.02…is inapplicable. This case, involving as it does the competing interests of successive assignees of a note and mortgage, is governed by negotiable instruments law, not the recording statute. Section 701.02 was enacted to protect a creditor or subsequent purchaser of land who has relied on the record satisfaction of a prior mortgage, which satisfaction was executed by the mortgagee after he made an unrecorded assignment of the same mortgage. Manufacturers’ Trust Co. v. People’s Holding Co., 110 Fla. 451, 149 So. 5 (Fla. 1933).47 The court’s reading is unduly narrow in that §701.02 protects more than just persons relying on mortgage satisfactions, but the idea that it governs only real estate transactions seems correct.48 However, some courts have confused the rules applicable to problem six with those applicable to problems one through five. In JP Morgan Chase v. New Millennial, LC, 6 So. 3d 681 (Fla. 2d DCA 2009), rev. dism., 10 So. 3d 632 (Fla. 2009), for example, the closing agent in a real estate transaction telephoned AmSouth Bank concerning two mortgages that it appeared to own of record and was told they had been paid. AmSouth Bank faxed a printout to the closing agent showing a balance of $0 and stating “PD OFF.” In fact, AmSouth Bank had merely sold the loans to JP Morgan, which failed to record an assignment. The transaction closed in reliance on the fax. Later, JP Morgan sought to foreclose, and the purchaser argued that JP Morgan’s unrecorded assignment was ineffective under §701.02. JP Morgan argued that §701.02 protected only assignees of the mortgagee, not grantees of the land owner, and the court agreed.49 In other words, the court’s interpretation was exactly opposite that in American Bank of the South. Yet, the idea that persons acquiring the land may rely on §701.02 seems required by the statute and the case law.50 Although JP Morgan Chase’sinterpretation of §701.02 seems wrong,one might argue the case was correct for another reason. The court said the closing agent never received a satisfaction, but simply relied on the fax. Although F.S. §701.04 (2010) permits the purchaser to rely on an estoppel letter, the court said the fax did not qualify for that protection. Arguably, the true holding of JP Morgan Chase is that the party relying on the real estate records must obtain a satisfaction, and informal assurances are inadequate. Nevertheless, JP Morgan Chase will add to the confusion until the Florida Supreme Court rules decisively on the meaning of §701.02. Even if one accepts the interpretation in American Bank of the South, one must admit there is inherent tension between §701.02 and Article 9. The tension is demonstrated in Rucker v. State Exchange Bank, 355 So. 2d 171 (Fla. 1st DCA 1978). In that case, South 41 Corp. gave a mortgage to Harrell and deeded the land to Rucker. Harrell assigned the mortgage to the bank as collateral, which recorded the assignment, but did not notify Rucker. Rucker then paid the mortgage to Harrell. After not receiving payment, the bank foreclosed on Rucker. On appeal, Rucker argued the collateral assignment was not perfected under Article 9. The court erroneously said that Article 9 does not govern a collateral assignment, but came to an arguably correct result, affirming the judgment of foreclosure. A threshold issue not discussed was whether Rucker, having acquired the real estate from South 41 Corp., was entitled to rely on the real estate records, or whether she simply paid the mortgage pursuant to the UCC. Clearly, Rucker did acquire the real estate, but that was months earlier, so perhaps by the time of payment, the real estate records were no longer relevant. The Rucker court seemed to rely on both problems one through five and problem six rules. The court said that Rucker did not demand surrender of the mortgage,51 which is irrelevant under §701.02. However, the court also relied on the assignment recorded in the real estate records, which is not important to problems one through five, but is important to problem six. Even though the court did not clearly state which rules applied, it came to the correct result. Rucker lost because she did not comply with either set of rules. She would have become aware of the assignment to the bank if she had checked the real estate records, and she would have (presumably) discovered that Harrell did not have the note, if she had demanded surrender of the note. The court did not discuss when it is that a person acquiring an interest in the land (entitled to rely on the real estate records) ceases to be such a person and becomes instead a person acquiring or paying the promissory note who must follow the UCC, but the case shows the issue will inevitably arise, creating tension between §701.02 and the UCC. Summarizing, the UCC attempts to solve problems one through five and §701.02 attempts to solve problem six. There is some overlap and potential for conflict, causing confusion in the cases. Courts should interpret those statutes so that they are consistent, limiting the protection of §701.02 to persons taking an interest in the real estate, and the protection of the UCC to persons taking an interest in the promissory note and mortgage. Ironically, while the drafters of Article 9 sought to make mortgage assignments as simple and foolproof as possible, the handling of mortgage assignments is now at the center of the foreclosure crisis that has gripped the nation’s financial system. To be fair, the changes to Article 9 did not really cause the problem. In fact, the changes mostly codified existing case law and served to lessen the chaos by eliminating uncertainty. However, the revisions to Article 9 fostered confidence that the “simple, foolproof” rules intended to protect parties’ rights in mortgages would in fact do so. The false sense of certainty led to an increase in the number of transactions accomplished with minimal documentation designed to meet the attachment and perfection requirements of Article 9, but not the standing requirements in foreclosures. Moreover, missing or irregular indorsements or lost instruments compounded the problem by leaving gaps even in this minimal documentation. The result was a deluge of disputed cases fortuitously stopping or delaying foreclosures while the mortgagees struggled to reconstruct a document trail proving ownership. Despite the sloppy practices of the mortgage industry, attorneys practicing in this area should not find themselves on the losing end of a court decision holding that their client does not have standing to foreclose. The question of whether the client has standing should be addressed before filing the case. If the documentation is inadequate, then missing documents should be located, or if necessary, re-executed before filing suit. An attorney unavoidably faced with ambiguous documentation might take comfort that, as shown by Johns v. Gillian and the UCC, Florida law concerning standing is not very demanding. Nevertheless, the requirements for standing must be proved, and the attorney should determine before filing that these requirements can be met. 1 SeeFla. Stat. §673.2041 (2010). 2See National Bank of Sarasota v. Dugger, 335 So. 2d 859, 860-861 (Fla. 2d D.C.A. 1976), cert. den., 342 So. 2d 1101 (Fla. 1976) (citing Comments as interpretive guide). 3 Florida has long held an assignment of a note includes an assignment of the mortgage. See Taylor v. American Nat. Bank, 57 So. 678, 685 (Fla. 1912); First Nat. Bank of Quincy v. Guyton, 72 So. 460 (Fla. 1916); Collins v. W.C. Briggs, Inc., 123 So. 833 (Fla. 1929); Miami Mortgage & Guaranty Co. v. Drawdy, 127 So. 323 (Fla. 1930); and Warren v. Seminole Bond & Mortgage Co., 172 So. 696, 697 (Fla. 1937). Thus, a recorded assignment seemed surplusage. By contrast, a mortgage assignment without the note has been held ineffectual. Sobel v. Mutual Development, Inc., 313 So. 2d 77, 78 (Fla. 1st D.C.A. 1975). 4Johns v. Gillian, 184 So. 140, 143 (Fla. 1938). 5Fla. Stat. §679.1091(4)(k)(1) (2010) (Article 9 extends to a transfer of a lien in real property). 6Fla. Stat. §679.1091(1) (2010). 7See UCC §9-109, Comment 5. 8Fla. Stat. §679.1021(1)(sss) (2010). 9Fla. Stat. §679.1021(1)(bb) (2010). 10Fla. Stat. §679.2031(2) (2010). 11Fla. Stat. §679.1021(1)(l) (2010). 12Fla. Stat. §679.1021(1)(ttt) (2010) and §671.201(38) (2010) (“security interest” includes the interest of a buyer of a promissory note). 14Fla. Stat. §673.2041(1) (2010), defining “indorsement.” Fla. Stat. §673.2011 (2010) requires an indorsement for a transferee to become a “holder,” if the instrument is payable to a specific person, but even a nonholder transferee may often enforce the instrument. SeeFla. Stat. §673.2031(2) (2010). 15 The delivery requirement has also been weakened by some cases. See Beaty v. Inlet Beach, 9 So. 2d 735 (Fla. 1942); Harmony Homes, Inc. v. United States, 936 F. Supp. 907, 913 (M.D. Fla. 1996), aff’d,124 F.3d 1299 (11th Cir. 1997). 17Fla. Stat. §679.1021(1)(zz) (2010). 18Fla. Stat. §679.3131(1) (2010). Florida law applies to a security interest perfected by possession if the promissory note is located in Florida. SeeFla. Stat. §679.3011(2) (2010). 19Fla. Stat. §679.3121(1) (2010) (perfection by filing where the collateral is instruments). The term “instrument” under Article 9 includes non-negotiable promissory notes, unlike the same term defined in Article 3. CompareFla. Stat. §679.1021(1)(uu) (2010) withFla. Stat. §673.1041(2) (2010), and see Comment 5(c) to UCC §9-102. 20Fla. Stat. §679.5011(1)(b) (2010). A registered organization organized in Florida is deemed “located” in Florida. SeeFla. Stat. §679.3071(5) (2010). 22Fla. Stat. §679.3171(1)(b) (2010) (security interest is junior to the rights of a person who became a lien creditor prior to perfection). 23Fla. Stat. §679.3091(4) (2010). This is one of the few areas wherein collateral assignments and sales are different. Purchasers of promissory notes had not in the past been required to file financing statements, and the drafters of Article 9 wanted to continue that practice. See Comment 4 to UCC §9-309. 24 First, the priority rules determine if the assignee prevails over another assignee, and possession is more protective than automatic perfection. Second, courts may find what appears to be a sale is actually security that cannot be perfected automatically. See, e.g., Torreyson v. Dutton, 198 So. 796 (Fla. 1940); Hulet v. Denison, 1 So. 2d 467 (Fla. 1941); Howard v. Goodspeed, 135 So. 294 (Fla. 1931). Also, the assignee usually wants possession to ensure standing to foreclose. See Abbott v. Penrith, 693 So. 2d 67 (Fla. 5th D.C.A. 1997); Pastore-Borroto Development, Inc. v. Marevista Apartments, M.B., Inc., 596 So. 2d 526 (Fla. 3d D.C.A. 1992); Figueredo v. Bank Espirito Santo, 537 So. 2d 1113 (Fla. 3d D.C.A. 1989). 25See definitions of “purchase” and “purchaser” at Fla. Stat. §§671.201(32) and (33) (2010). 26See Comment 7 to UCC §9-330 (“a purchaser who takes even with knowledge of the security interest qualifies for priority under subsection (d) if it takes without knowledge that the purchase violates the rights of the holder of the security interest”). Fla. Stat. §679.3171(2) (2010) seems to adopt a different rule, saying that a “buyer, other than a secured party” takes free of a security interest if the buyer gives value and takes delivery “without knowledge of the security interest” and before it is perfected. However, a “buyer, other than a secured party” under Fla. Stat. §679.3171(2) (2010) is not a “purchaser” under Fla. Stat. §679.330(4) (2010). Comment 6 to UCC §9-317 says that unless the sale is excluded from Article 9, the buyer is a “secured party,” and §679.3171(2) does not apply, adding “[r]ather, the priority rules generally applicable to competing security interests apply.” 27Fla. Stat. §671.201(21)(a) (2010). 28C.f., Ederer v. Fisher, 183 So. 2d 39, 42 (Fla. 2d D.C.A. 1965) (unauthorized indorsement deprived plaintiff of holder in due course status, thus, permitting defense on instrument). As in Ederer, inability to prove holder status does not necessarily mean the plaintiff lacks standing under Fla. Stat. §673.3011 (2010), but may expose the plaintiff to additional defenses. 29SeeFla. Stat. §673.5011(2)(b)(1) (2010), permitting the maker to make such demand. 30SeeFla. Stat. §673.5041(1) (2010), giving effect to such waivers. 31See, e.g., Scott v. Taylor, 58 So. 30 (Fla. 1912) (payment effective if made to authorized agent); McChesney v. Herman, 176 So. 565 (Fla. 1937); Posey v. Hunt Furniture Co., Inc., 43 So. 2d 343 (Fla. 1949); Fla. Stat. §671.103 (2010) (UCC does not displace law of agency). 32Fla. Stat. §673.1041 (2010) determines negotiability. See, e.g., Locke v. Aetna Acceptance Corp., 309 So. 2d 43 (Fla. 1st D.C.A. 1975) (note stating “pay to seller” not negotiable because not payable to order of seller); City Bank, N.A. v. Erickson, 18 FLW Supp. 283 (Fla. Cir. Ct. 2011) (home equity agreement not negotiable where amount not fixed); Holly Hill Acres, Ltd. v. Charter Bank, 314 So. 2d 209 (Fla. 2d D.C.A. 1975) (note incorporating terms of mortgage not negotiable). 33Johnston v. Allen, 22 Fla. 224 (Fla. 1886). 34Philogene v. ABN AMRO Mortgage Group, Inc., 948 So. 2d 45 (Fla. 4th D.C.A. 2006); Fla. Stat. §673.3011(1) (2010). 35Juega v. Davidson, 8 So. 3d 488 (Fla. 3d D.C.A. 2009); Mortgage Electronic Registration Systems, Inc. v. Revoredo, 955 So. 2d 33, 34, fn. 2 (Fla. 3d D.C.A. 2007) (stating that MERS was holder, but not owner and “We simply don’t think that this makes any difference. See Fla. R.Civ. P. 1.210(a) (action may be prosecuted in name of authorized person without joining party for whose benefit action is brought)”). 36Laing v. Gainey Builders, Inc., 184 So. 2d 897 (Fla. 5th D.C.A. 1966) (collateral assignee was a holder); Cullison v. Dees, 90 So. 2d 620 (Fla. 1956) (same, except involving validity of payments rather than standing to foreclose). 37See Fla. Stat. §673.3091(2) (2010); Servedio v. US Bank Nat. Ass’n, 46 So. 3d 1105 (Fla. 4th D.C.A. 2010). 38BAC Funding Consortium, Inc. v. Jean-Jacques, 28 So. 3d at 938-939 (Fla. 2d D.C.A. 2010). See also Verizzo v. Bank of New York, 28 So. 3d 976 (Fla. 2d D.C.A. 2010) (Bank filed original note, but indorsement was to a different bank). But seeLizio v. McCullom, 36 So. 3d 927 (Fla. 4th D.C.A. 2010) (possession of note is prima facie evidence of ownership). 39See also Glynn v. First Union Nat. Bank, 912 So. 2d 357 (Fla. 4th D.C.A. 2005), rev. den., 933 So. 2d 521 (Fla. 2006) (note transferred before lawsuit, even though assignment was after). 40Fla. Stat. §673.3091(2) (2010); Fla. Stat. §69.061 (2010). 41See Comment 6 to UCC §9-308. 42Shavers v. Duval County, 73 So. 2d 684 (Fla. 1954); City of Gainesville v. Charter Leasing Corp., 483 So. 2d 465 (Fla. 1st D.C.A. 1986); Southern Colonial Mortgage Company, Inc. v. Medeiros, 347 So. 2d 736 (Fla. 4th D.C.A. 1977). 43See, e.g.,Thomas E. Baynes, Jr., Florida Mortgages (Harrison Co. 1999), §7-2 (West pocket part for 2009), stating “[s]ection 4 was added to establish that perfection of a security interest in a mortgage…would be governed by the Florida Uniform Commercial Code…. This type of assignment of mortgage, sometimes characterized as a ‘collateral assignment,’ does not need to be recorded under F.S. §701.02.” 44Fla. Stat. §671.201(38) (2010). 45See, e.g., Gardner v. McPherson, 151 So. 390 (Fla. 1933) (dismissing foreclosure by unrecorded collateral assignee where mortgage had been satisfied by record mortgagee); Williams, Salomon, Kanner & Damian, as Trustee v. American Bankers Life Assurance Co., 379 So. 2d 119 (Fla. 3d D.C.A. 1979) (subordination unenforceable where recorded collateral assignee had not agreed). However, these cases predated subsection (4). 46See, e.g., Manufacturers’ Trust Co. v. People’s Holding Co., 149 So. 5 (Fla. 1933). 47American Bank of the South v. Rothenberg, 598 So. 2d at 290 (Fla. 5th D.C.A. 1992). 48See also Chandler v. Davis, 190 So. 873 (Fla. 1939) (assignee from record mortgagee took subject to holder in possession of note); Karn v. Munroe, 6 So. 2d 529 (Fla. 1942) (subsequent assignee with possession prevailed over first); Vance v. Fields, 172 So. 2d 613 (Fla. 1st D.C.A. 1965) (first assignee recorded first, but took possession of wrong note; court correctly ruled for the second assignee with possession without discussing distinction between a real estate transaction and note sale). CompareTamiami Abstract & Title Co. v. Berman, 324 So. 2d 137 (Fla. 3d D.C.A. 1976), cert. den., 336 So. 2d 604 (Fla. 1976) (purchaser of original mortgagee’s assets did not own mortgage assigned of record to another by collateral assignment that later became absolute upon default). Because the buyer purchased the mortgage (not the real estate), the court should have applied rules regarding transfer of the mortgage as personal property, but focused instead on the land records. Yet the court said the defendant “claimed outright possession of said mortgage,” which left the possibility that his claim also arose from possession. Otherwise, it seems at odds with Cullison, cited in fn. 36. 49 The court cited Kapila v. Atlantic Mortgage & Investment Corp. (In re Halabi), 184 F.3d 1335 (11th Cir. 1999), and Bradley v. Forbs, 156 So. 716 (Fla. 1934). In Kapila, 184 F.3d at 1338, the court held the assignee’s failure to record did not render the mortgage unperfected in the mortgagor’s bankruptcy. The court said §701.02 protects only an assignee of the mortgagee, not a person acquiring the real estate. However, the question of who owns a mortgage is distinct from whether it is perfected against grantees of the real estate owner. Bradley includes some ambiguous language, but stands primarily for the proposition that a purchaser cannot rely on informal assurances by the record mortgagee, but must obtain a satisfaction. See Bradley, 156 So. at 717. The Kapila court also said the Florida Supreme Court may have implicitly receded from Bradley in Hulet v. Denison, 1 So. 2d 467, 468-469 (Fla. 1941), presumably because it discussed the statute as though it applied to persons acquiring the land, even though its decision was on other grounds, i.e., actual notice. The purchasers relied on a satisfaction by the mortgage assignee of record. However, the original mortgagee’s surviving widow claimed the assignment was for collateral and had been discharged. The court said the purchasers had “actual notice,” but cited the failure of the purchaser to demand surrender of the note as the basis. If that is what is meant by “actual notice,” then what is the point of the recording statute? 50 In addition to American Bank of the South v. Rothenberg, Gardner v. McPherson, Bradley v. Forbs, and Manufacturers’ Trust Co. v. People’s Holding Co., see Housing Authority v. Macho, 181 So. 2d 680 (Fla. 3d D.C.A. 1966). 51Rucker v. State Exchange Bank, 355 So. 2d at 172 (Fla. 1st D.C.A. 1978). The court spoke of surrender of the mortgage, but it is surrender of the promissory note that is important under the UCC. See also Perry v. Fairbanks Capital Corp., 888 So. 2d 725, 726 (Fla. 5th D.C.A. 2004).	cc/2019-30/en_head_0031.json.gz/line771
__label__cc	0.620527	0.379473	Home › Parliament › New members of Finland’s Parliament: Katri Kulmuni, Lapland, one of the promising stars of the Centre Party New members of Finland’s Parliament: Katri Kulmuni, Lapland, one of the promising stars of the Centre Party By Editeur on October 18, 2015 • ( 1 ) Katri Kulmuni, 28 , is a new Centre Party Member of Finland’s Parliament for Lapland constituency. She was elected with a very large number of votes (almost 10 000), which proves her popularity. She is also the Chairperson of Tornio City Council. After studies in social science and a specialisation in international relations, she worked from December 2010 to June 2011 as the press attaché for Paavo Väyrynen, Minister for Foreign Trade and Development. Her responsibilities in Tornio makes her very aware of the present refugees’ crisis and of the importance of international affairs. She is one of the rising stars of the Centre Party (Keskusta). What are your first impressions of the Parliament? The elections were in April so the first session before summer was actually quite short while it took time to install the government and adopt the government programme. We then had to gather our committees, and our everyday work should have started then the summer break came. It was only last week when the autumn term started so still it has been quite short. But I’m sitting also in the EU committee that takes care of all the European Union issues and we worked also in summer dealing with issues like Greece and the Eurozone. It’s extremely interesting but it takes time to get deep inside all the topics because there is some very technical stuff for a new MP but it’s very interesting for me. Is it looking like something that you were expecting? I guess somehow I’m in a lucky position, as the party I am representing is now the Prime Minister’s party so basically we should have quite good opportunities to influence. Everyone knew that the financial situation in Finland is very tough, but what surprised me was that it has gone even worse. MPs need to be active and look for coalitions if they want to promote something. For example, for my district, Lapland, there are only seven MPs and we need to constantly get support from other groups and from other regions to push our specific issues forward. Nobody can really do anything by herself. During the campaign you insisted on equality between the regions. Is there something you are going to do about it? Yes. I guess that’s one of the main reasons why I ever ended up being involved in politics. We talk about equality between people, between different social groups, between everything, but then there is also the aspect of equality between regions. I feel it very strongly. Finland is a very long country geographically and we have so many different areas, which makes the differences quite important. That is the one thing that I’m constantly trying to take on discussions, and it is also in the core of the Centre Party policy. Because of the centralisation, people move to cities, but if we think of the economic possibilities in Finland, they are linked to our natural resources and how we process them, so the centralisation is not necessarily the best move. It is very important to have equality between the regions, so that people have everywhere the same possibilities to have education, to get the necessary services and the availability of the same infrastructures. This kind of balance would be economically good. How can you do something personally? It has to be considered as a part of all important decisions. For example, for the social health reform, which is a major reform pushed by our government, I need to constantly stress how important it is for people to benefit from the services all around the country. Of course I understand that there cannot be a university hospital in every town, but we need guarantee that the access to all services, from the basic ones to the most specialised, is guaranteed to everyone. And the same goes for education. And if you consider our strong university network, here in Finland, it has also allowed a number of cities to grow and develop. So I guess you need to take the regional perspective in every issue. We probably do not need a specific regional policy; we need to have a regional perspective in all policies. And that is what I am doing. Are the Members of the Parliament involved in the preparation of the main reforms prepared by the government? This was one of the surprises for me: to see how powerful the ministers and ministries are. I’ve always known they were very powerful but compared to MPs they are extremely powerful. When you are a first term MP, it takes time to earn the recognition of your other colleagues, so our influence is limited, at least until they know you and learn to work with you. In some way, it is a working place like others, you need to adapt, and of course those MPs who have been working here for 20 years or 30 years are in a more influential position. But as a member of the party leading the government, it is easier for me to have an influence, pass a message and get it through. If you are involved when the minister and his ministry are preparing some law, then you can have a real influence. But when the minister has already delivered the law, and we start to work on it in the committees, through the official processes, we can also say what we think about it, but it is more complex. What has been a surprise also are the number of steps in the preparation and the adoption of the law. When you know it well, you can really be very influential. You have been involved in the discussion about the government programme. What did you most appreciate in it? I appreciate the emphasis put on solving our economic problems,. Seen from my point of view, a regionalist point of view, if we wish to benefit from our natural advantages to develop our economy, then we need to associate high technology and natural resources, in order process then efficiently. I see it as very, very important. Then there is the effort to balance the public finances. I don’t know if I’m happy about it, but it has to be done. So the government programme is for me a very honest and serious programme. The previous government programmes were like wish boxes, there were all kinds of things in 100 pages, and at the end not really much happens. The present programme is sometimes also a little too general, but for the main part it is quite focused and streamlined. I appreciate it. Then because I come from the northern region and I’m from the border of Sweden and I’ve always lived in an international environment, I consider it very important to simplify things for people. When you look around, a lot of countries have minimised the bureaucracy, so that people’s life is easier. This is another thing I like in this programme. Is there something that you would like to see in the government programme or that you would like to improve? We got criticised about the absence of gender equality in the programme. I don’t know how it happened, but I feel that we could have written more on the topic. Also there are some points in the programme whaich are still quite abstract, even if globally it is better and clearer than the previous programme, and I would have like to see these points more concrete. And of course, if I could change it, I would review the very strong cuts to education. You have said that you are in the EU committee and you have worked for Mr Väyrynen. What do you think of his initiative concerning the euro? It’s a political agenda; he’s been involved from the early 70s and is still extremely active. The euro question is really, really complex. If you consider it only as a financial perspective, you can find solutions and discuss the interest of the euro. But the euro is not only a currency, it is more than that, it is a political topic, it is about European integration, it is about global politics and our influence in the world, so we should not consider it only from a financial point of view. Of course, in the nineties, my party was against joining the euro, and from this point of view it may have been probably better to stay out, as did all the other Nordic countries. But now, we are in it, and I don’t see a short term way to get out of it. I guess the euro would work quite well if everyone would follow the rules but when the countries don’t follow the rules there will always be a problem. However, we are facing a new challenge with the report of the five president [On 22 June the so called Five Presidents’ report, authored by Jean-Claude Juncker, Donald Tusk, Jeroen Dijsselbloem, Mario Draghi, and Martin Schulz, was published, outlining plans for strengthening economic and monetary union]. They presented ways how to develop the euro, and their proposal are towards more integration, with for example a banking union law where you share all the burden between countries, a more important control of the EU on national budgets, etc. For me, we cannot go in this direction. We can have a union of currency, but still the national state should have the responsibility of the budget and of the econmy, a transfer to Brussels of these powers would not be acceptable. It is possible that in Southern and Central Europe and in Central Europe there is a tendency towards more economic integration, but I’m not happy about that progress. In that sense, Paavo Väyynen is in the very core of the situation, like he’s always been. He knows how to position himself to the centre of the discussion. We have not yet really talked in the party about how to cope with his initiative. I would say that at some point we are going to vote, not perhaps on his initiative only, but a national vote about staying in the euro or going out of the euro, if we are obliged to accept more economic and financial integration. Are we going to accept a more integrated Eurozone, or would we like to develop a Eurozone from a wider perspective. What is your analysis of the situation with the refugees and Finland especially when they are going now through Lapland I think? It is a new situation for the whole country, and but somehow for Lapland, as a border region, we are a hot spot. We have always been in this situation, for example a hundred years ago when the First World War started, or during the Second World War when Lapland was evacuated and the people went over the river to the Swedish side. We are used to it, even if the question of refugees is new and we just need to cope with it. It won’t be solved only through the actions that we make in Lapland, or even in Finland. It’s an issue for the European Union, and it involves major international political issues, concerning the events in Syria, the events in Iraq or the events in Afghanistan. In all these regions, the United States has also been very active, so I would hope some sort of support and actions also from the United States in the current situation, as they bear some responsibility in the events. Of course Europe is now taking most of the refugees because we are close, but it is really heavy and difficult. Of course we need to help the people that are running for their lives from the war, we need to have a warm heart but then of course we need to be pragmatic as well. Also, some of the people arriving are not actually perhaps refugees at all, they are just looking for a better standard of living. But that’s not a new thing, Finns also look for a better standard of living… But I’m really scared and disappointed about the public discussion on the question of refugees, and about the discussion that is going on in the social media which is quite really, really hostile and aggressive. I must say that it does not help to solve the situation at all. Is it difficult to discuss with the True Finns on this kind of situation in the Parliament? It’s easier if you know what they are standing for on any issue, if you know what the person you’re doing work with is standing for and then you can try to find some sort of compromises and the middle way how to do things. But it’s been very important that the True Finns are in the government so that they see that the world is not always working the way you wish it to work and you need to cope with this. Now when there is the biggest refugee crisis since the Second World War and the True Finns are in the government, so they really need to take responsibility how to solve the things. Most of their MPs have shown solidarity with the government and really trying to work the best way out so I have nothing bad to say about that. But of course there are also hints from the True Finns side that haven’t been really appropriate during the summer for example. You have been studying in St Petersburg and you showed during the campaign a certain knowledge of Russia. What is your opinion about the recent evolution of Putin and what should be done about it? It has changed quite quickly. I came back from St Petersburg in 2012, so it’s three years ago, and the situation then was still somewhat different. There were riots in St Petersburg, in Moscow against the totalitarian way of Putin’s politics and there were thousands of people who were marching. Somehow they counted as the opposition, a quite big opposition. But it was a fractured opposition, they did not find any sort of unifying issues except that the fact that they hated Putin. The situation of the Russian opposition has really, really gone bad since then, and there isn’t really too many democratic choices there. And then, from an international point of view, Russian actions have gone worse in the last three years, with the events in Ukraine.. Three years ago in St Petersburg, I had several student colleagues and met very often with persons who were from Ukraine and if someone would have then said three years ago that Russian would attack Crimea, I wouldn’t have believed it and I guess they wouldn’t have believed it themselves as well. So it has been a sad story. With the crisis, we have pushed Russia in its own corner; we have cut their relations with the western world; we have pushed them to develop new relations with other partners, such as China or India. But still, the Russian people paying for that have not changed in the last years, and I guess that most of them are not too happy about Putin. But there is no way to challenge his politics because there is no structured opposition. I feel however that the relations between persons in Finland and the persons in Russia in everyday life from Europe to Russia are very important, even if the exchanges between governments are not so easy these days. In addition, the situation is costing us a lot economically, and economy is nowadays so important! So I don’t know how much longer we can have this situation. There has been some good news from Ukraine: it looks like the Minsk Agreement would be followed better (in summer it was not respected at all). So I am hoping that the crisis will be finished soon. But all the work that has been done after the collapse of the Soviet Union somewhat went to the garbage, so it will take time now of course to build the trust and alliances again between Russia and the EU. I see also that Russia is well involved and very active with the Arctic Committee activities, and in the Barents issues. It shows that they want to keep the contact with the West, but they do not find the way out. I know that it is international politics, and big countries are doing the core of it. But who will make the first move? When I look at the situation in Syria, I see a glimpse of the Cold War era, with the Western alliance and Russia both giving weapons and providing support to different groups. But we are still living next to Russia, we need to cope with it and I guess it’s better to be in good relations with your neighbour. You need to be strict and say if they do wrong, but still you need to cope with your neighbours. In this context, do you think that Finland is going to apply for NATO ? Somehow it seems that there is a sort movement where Finland is being inched towards NATO step by step. Personally I really don’t see the point from the Finnish perspective. Due to a complex situation, there could be an escalating conflict between NATO and Russia, and if something would happen, it would probably take place on the borders between Russia and the EU, probably in Finland, which is not good for us. Being outside NATO has been a balancing force. If something happens, the Nordic states, who have together a tradition to be a nuclear free and peace-promoting zone would have a lot to do in the diplomatic process of avoiding conflicts and minimising the develop of weapons, nuclear or not. So applying for membership of NATO would be together risky and go against our Nordic traditional values. If some government in some future takes the decision to apply then it should definitely be a vote for the whole nation to decide if they want to be in a military alliance. ‹ Finland’s Government is interfering with the independent media, by Outi Alanko-Kahiluoto, MP New Member of the Finnish Parliament: Hanna Kosonen (Centre Party) from ski to politics › Categories: Parliament Tags: Centre Party, Economy, Finland, Government programme, International, Katri Kulmuni, Russia, Tornio Anneli Maatta Thank you for the good news in the latest newspaper. Finns are talented and very social activ. We are living close in the border of Russia so it ‘s our standart of living here in the north Finland.	cc/2019-30/en_head_0031.json.gz/line775
__label__wiki	0.519004	0.519004	← Filmwhys #51 The Silence of the Lambs and the Death of the Incredible Hulk Hulk vs. Wolverine → Hulk vs. Thor Hulk vs. Thor 2009 As you may or may not know, before Marvel Studios went on to make the first Iron Man film and start its path towards complete box office domination, they cut a deal with Lions Gate Films to make a large handful of animated films based on several different characters. This was a mini double feature produced towards the end of their run and the last ones that I have yet to review, though I do remember watching them around the time that they came out. It’s a title that makes sense on a surface level, one of the biggest things that any comic book fan comes around to at one point or another is the question “who would win in a fight?” and then proceeds to pit two characters up against each other in an imaginary battle. It’s also something that tends to happen every now and then within the comics themselves, so it makes sense that they would pit the Hulk up against two of the most powerful and popular Marvel heroes to see who would win. Today I’m taking a look at the fight between Hulk and Thor. Unfortunately, it’s not the battle royale that one might have expected, instead it’s a bit of a let down similar to the last big pay-per-view boxing event. The general premise is that Loki teleports Banner from Midgard to Asgard in order to use the Hulk to kill Thor while the Allfather is in his Odinsleep, which is apparently a big deal since it’s named after him. Loki also has Enchantress with him and she is able to split the Hulk and Bruce Banner into two separate entities. Not only that, but she is able to give Loki complete control over the Hulk in a very virtual reality sort of way. The rest of it plays out more or less how one might expect it to. Hulk/Loki fights Thor, Hulk escapes control and goes on a rampage, Loki kills Bruce, Thor and Loki have to team up to retrieve Bruce from hell, Thor & Loki fight Hulk, Bruce joins with Hulk and gets sent back to Midgard. Okay, maybe not exactly how one might expect it to go, but there’s plenty of fighting with an overall plot to try and tie things together. I never much cared for the design of Bruce in this film either. One of the first big issues with this film is that it was obviously made before the 2011 Thor film. That film helped set the bar for how both Thor and Loki should be portrayed with their somewhat Shakespearean dialogue combined in an odd way with a modern sensibility. Here, it’s much more sword and sorcery which feels quite bland by comparison. Loki comes off with the worst of it since he has essentially a one track mind throughout the entire run time of the movie: to kill Thor. There’s no sense of trickery or deceit aside from using the Hulk as a puppet, it’s pretty much a straightforward brute force plan that doesn’t seem much in line with the way Loki will be portrayed a mere two years later. With a film title of “Hulk vs Thor” one might expect the fight(s) to be the highlight. Unfortunately the fights aren’t all that impressive even for an animated film. It generally boils down to a whole bunch of punching and flying across the screen with occasional lightning. There were a few confusing moments that relied on the viewer having a bit more intimate knowledge with either the Thor comic universe or Norse mythology, like when the goddess of the underworld Hela comes to take Thor, but changes into Enchantress who revives him with a kiss. At that point in the film Hela had not been introduced, and it seemed like it could have been some weird alternate personality of Enchantress’s. Even the entire concept of Odinsleep could have been explained bettter. As it was, it just seemed like an excuse to keep Odin out of the picture. Even the moments with Bruce in his afterlife dream with Betty Ross and a dream kid together seemed quite a bit out of the blue. There were just too many things packed into this forty-some minute movie that didn’t leave room for a satisfactory titular fight between Hulk and Thor, I will find out shortly if the fight with Wolverine holds up any better. Until next time, this has been Bubbawheat for Flights, Tights, and Movie Nights. Posted on June 23, 2015, in 00's movies and tagged animation, film, hulk, Marvel, movies, review, thor. Bookmark the permalink. 6 Comments. The Telltale Mind \| June 24, 2015 at 8:44 am I passed on watching this a million times. I think I’ll still do that. lol Bubbawheat \| June 25, 2015 at 11:08 pm Not a bad choice, there’s a few other Marvel animation better than this one. Wendell \| June 24, 2015 at 8:26 pm I’m another who passed on this quite a few times. Judging by the not-so-excellent artwork in the pics you posted, I made a good call. Can’t say I’ll never watch this, but I’m certainly not in a rush. On the plus side, each episode is only 40 minutes or so. Chris Evans \| June 26, 2015 at 12:04 pm I just wish that Marvel could produce stronger efforts in terms of their animated direct to video features. The Anime projects for example, a great idea on paper but, well, Iron Man: Rise of Technovore and Avengers Confidential speak for themselves – when DC can put together classics like the Dark Knight Returns and Batman: Year One, it’s a massive shame. Bubbawheat \| June 27, 2015 at 5:13 pm Yeah, I thought the anime films were decent, but they didn’t blow me out of the water like they could have. I think their best effort was Planet Hulk or Doctor Strange and they only come around to the level of lower to mid tier DC Animated films. Leave a Reply to Bubbawheat Cancel reply	cc/2019-30/en_head_0031.json.gz/line776
__label__cc	0.565846	0.434154	Gladiator B3W Home — B3W — Gladiator B3W The Gladiator slot machine invites you to meet the legendary ancient warriors. When playing the game developed by B3W, you will go back in time to Ancient Rome and win the sums with the multipliers of up to 5,000. There are also two prize rounds and other profitable features. https://free-slots.games/games/b3w_25/gladiator/demo https://free-slots.games/wp-content/uploads/2017/12/Gladiator.mp3 The Gladiator Gladiator Jackpot Rules of the Gladiator Slot The game has the classical structure that includes: 5 reels with 3 cells The number of paylines active during the spin can be adjusted. In the Lines menu, you can select any number from 1 to 25. The Coins/Line control is used to adjust the size of the linear bet. Use the “−” and “+” buttons to place a bet from 1 to 100 credits on each of the active lines. In order to start the spinning of the reels, click on the Play button. The maximum total amount you can bet for one spin is 2,500 credits. The current size of the total bet is shown in the Total Bet cell. You can find the balance on the account in the Credit window. The Payouts button opens the information section where you can get the following information: Coefficients of prize payouts for each symbol A schematic arrangement of possible prize combinations Available bonus features Symbols and Winnings The Roman emperor is the key symbol. It has the highest coefficients of prize payouts. They are 10, 75, 500, and 5,000. The symbols of a Roman woman and a warrior in armor multiply the linear bet by 5, 40, 100, and 500 times. Other icons have the following multipliers: A lion and a tiger – 2, 20, 75, and 250 A helmet, a shield, swords, and a trident – 5, 25, and 100 The gladiator is a wild symbol. In winning combinations, it replaces 5 icons with the highest coefficients. The wild appears only on the second and fourth reel but it extends to the whole vertical row. Thanks to this, the chances of collecting a high-paid combination significantly increase. There are two symbols that open access to the prize rounds. They include: A laurel crown The SPQR (Senatus Populusque Romanus) abbreviation A combination of 3, 4, or 5 wreaths on adjacent reels starts the Colosseum bonus game. During the game, you enter the arena where you must choose the doors in turn. Depending on what is behind the doors, you will receive payouts with the coefficients from x2 to x40. When the combination of 5 SPQR symbols appears on the active line, you get access to the eponymous prize round where you must choose weapons to fight in the arena of the Colosseum. The round ends when you open three identical elements of the gladiator’s ammunition. How to Win the Gladiator Slot During the Gladiator game, the paid combinations appear quite often. Bonus rounds are especially interesting because they can bring much more payouts than the standard spin. Keep in mind that one of the bonus games directly depends on the number of paylines. Therefore, it is recommended to activate all 25 of them. Symbol Coefficients Roman emperor 10, 75, 500, 5,000 Roman woman 5, 40, 100, 500 Warrior in armor 5, 40, 100, 500 Lion 2, 20, 75, 250 Tiger 2, 20, 75, 250 Helmet 5, 25, 100 Shield 5, 25, 100 Swords 5, 25, 100 Trident 5, 25, 100 Gladiator B3W Video Review Game For Fun	cc/2019-30/en_head_0031.json.gz/line779
__label__cc	0.749741	0.250259	Are California public universities harder to get into now? Tags: college admissions, cost of college The Sacramento Bee has a very misleading headline for an article, AM Alert: Are California public universities harder to get into now?, in which the reporter claims that UC and CSU are harder to get into than in the past, based on the following statistics: In 2013, for example, 21 percent of California high school graduates applied to at least one UC campus, compared to 17 percent in 1996. But the admissions rate stayed relatively flat during that time, with 14 percent of graduates accepted into the system.The contrast is even more stark at CSU, a much larger and less selective system long seen as the university to educate the masses. While about 27 percent of California high school graduates applied to CSU in 2000, and 20 percent were admitted, that figure had risen to 46 percent of graduates in 2013, with only 32 percent accepted. But those statistics are saying the UC is remaining equally hard to get into (14% of high-school graduates being admitted) and CSU has gotten easier (32% of high-school graduates being admitted, rather than 20%). The pressure for more students to attend college and the enormously rising cost of private college has made more students apply to college, so that the admissions process seems more competitive, but the public universities are admitting a greater fraction of Californian high-school students than in the past, so objectively, it is easier for Californians to get into public university than in the past. Of course, paying for it is harder now, as the state continues its trend of disinvesting in post-secondary education, demanding, for example, that UC take 10,000 more students but paying only half the marginal cost of teaching the students. I have no idea how UCSC is going to cope with its share of this demand, as we are already standing-room-only in many classrooms (to handle the current demand the fire marshal already gave permission to over-enroll classes by 10%, on the theory that 10% of students wouldn’t show up for class anyway—we can’t just push that any further ). Their claim also does not make sense if we assume they mean the admission rate: UC has 14/21 = 67% admitted compared to 14/17 = 82% in 1996. CSU has 32/46 = 70% admitted compared to 20/27 = 74% in 2000. That is a much bigger change for the worse for the UC campuses than for the CSU system, suggesting that good students who chose private colleges (or some out-of-state flagships) never even looked at them and/or had counselors tell them they didn’t have a chance to be admitted back then. But your point is a more important one, worthy of a chancellor’s response so the legislature can see it. The CSU system has expanded the fraction of California HS grads by more than 50% and the paper implies that this is a bad thing! The bad thing is that they relevant operating and capital budgets have not followed those students to college. Comment by CCPhysicist — 2015 December 10 @ 10:52 \| Reply	cc/2019-30/en_head_0031.json.gz/line780
__label__wiki	0.8327	0.8327	Category Archives: Education Theatre For Children and the Freudian Influence – A Guest Posting from Dr John McIntyre Posted by Christine in 1930s, Children's Theatre, Education, Susan Isaacs childhood, children, contributions of emigres to Australian Culture, New Education, Psychoanalysis in Education and Theatre, refugees, Rosemarie Benjamin, Susan Isaacs, Sydney Children's Theatre, Theatre in education, what have we found here? I am delighted to introduce my first guest posting. Dr John McIntyre, a Canberra based education research and policy consultant and Adjunct Associate Professor in the Faculty of Education at the University of Canberra has kindly accepted my invitation to write a post for this blog. His subject is Rosemary Benjamin and influence of Susan Isaacs in Sydney’s Theatre for Children during the 1930s. A brief exploration through Google shows that John McIntyre has worked for over 25 years in the professional preparation of adult and vocational educators at the University of Technology Sydney where he was a senior researcher and Director in the UTS Research Centre for Vocational Education and Training. His research has focused on outcomes and participation in ACE in Australia, much of it commissioned by government. He has also published work on early school leavers and equity strategies of VET providers, research methodology and policy and research relationships in adult education.His recent work includes ‘Client engagement in a learner-centred system’ and a feasibility study on a national internet portal for adult learners. In 2007 he evaluated the Victorian ACE Research Circles for the Adult, Community and Further Education Board, Engagement, Knowledge and Capability:Connecting Research and Policy to Practice. These and other publications can be found on his website. John McIntyre is also deeply interested in theatre and the arts. After reading my posts about Susan Isaacs’ Australian tour in 1937 here and here, John contacted me with information about Rosemary Benjamin and the influence of Susan Isaacs’ thinking in the the Children’s Theatre Benjamin created in Sydney during the 1930s. You can find some more about Benjamin at this lovely site: http://www.artpages.com.au Here is John McIntyre’s post…. Recently I have been exploring the history of the Theatre for Children, Sydney, that was founded and directed for one twenty years by an Englishwoman of Jewish background, Rosemary Benjamin (1901-1957). Arriving in Sydney in late 1936, Benjamin soon made friends with Jewish emigrés from Europe including the Finkes, the psychoanalysts whose daughter Ruth acted in the theatre, Gertrud Bodenwieser, the leading exponent of expressionist dance and composer and musician Sydney John Kaye (Kurt Kaiser). Rosemarie Benjamin is another link in the story of ‘Freud in Oceania’. By the time she began her Sydney work, Rosemarie Benjamin had developed her ideas about appropriate theatrical performance for children, ideas formed by early twentieth century progressive education and profoundly influenced by Freudian thinking in London of the 1930s. For Benjamin’s generation, Freud’s discovery of the unconscious enriched new ideas of play, creativity and development and contributed to the ferment of the ’new education’ in a way that is now hard to appreciate. Benjamin believed that children’s theatre should be authentic, performed as serious theatre by adult actors in plays and draw deeply upon myth and fairy-tale. Through such theatre, children could encounter their inner conflicts in symbolic terms, identifying with characters expressing ‘difficult’ emotions of guilt, fear, anxiety and horror. Allegorical figures drawn from myth could act as intermediaries in this cathartic process. Authentic theatre understood in this way could serve the expressive needs of children and ‘child development’. These ideas are outlined fully in Benjamin’s ‘Story of the Theatre for Children’ (available on-line at the State Library of Victoria). In the years 1925-1936 Benjamin as a young woman was working as a play organiser for the London County Council, a new kind of educational work, while seriously pursuing a career in drama, twin strands that eventually merged in children’s theatre. Benjamin’s narrative always highlights her 1930s visit to Soviet Russia to study children’s theatre as a life-changing experience, though her explanations of children’s theatre are wholly Freudian. Who influenced this Freudian strand in Benjamin’s thinking? In 1930s London, Benjamin must have come in contact with the leading edge of Freudian thought as it was being absorbed in progressive education, when Susan Isaacs was coming to prominence. Though direct evidence in Benjamin’s papers is lacking, I think there are three clear indications of Isaacs’ influence:  Benjamin emphasises emotions, especially difficult emotions (fear, guilt, anxiety, aggression) and the way these can be called forth in expressive play. Theatre employing plays based on myths and fairy tales permits children to encounter and deal symbolically with such forces. A broad understanding of phantasy (as it was later outlined by Isaacs in her famous 1948 article) appears to be assumed. Isaacs discovered that ‘new education’ rather than being wholly permissive, children need to have a structured context to help them manage the expression of difficult emotions. Benjamin is insistent that theatre performances need to be structured with devices that help the child to respond to reactions aroused by the play. Such devices include allegorical figures like ‘Jester’ that ‘come in front of the curtain’ act as intermediaries between the real world and the fantastic world of the play. There is a commitment to systematic observational of children’s experiences as a way of testing and informing theoretical understandings. Benjamin encouraged audience participation and practised the serious study of children’s responses to characters to inform the crafting of performance. Underlying this is a strong conviction about the developmental value of children’s theatre. It may also be that Susan Isaacs (as a columnist and educator) gave Benjamin the inspiration to promote new ideas to the wider audience, for Benjamin was a tireless advocate of her cause, and quite possibly a better publicist than producer. At the end of 1936, Benjamin left London for a Sydney holiday. By then, Isaacs was leading the new department of child development at University of London and had published two defining works in the field. She was a leading figure in the New Education Fellowship which the next year held its World Congress in Australian cities, with Isaacs as a key member. In Sydney, Benjamin no doubt participated in the Congress, and she was on the NSW committee of the NEF until the war years. This World Congress contributed much to enthusiasm for new educational thinking in Australia, and this took place alongside other streams of cultural modernism permeating the Antipodes. Benjamin must found among her Jewish emigré friends a congenial milieu in which her own novel enterprise might prosper. She returned briefly to Europe after the war for a study tour, but after resuming her work in Sydney suffered a long illness before she died in London in 1957. Enquiries: John McIntyre, john@artpages.com.au Benjamin (c1949) ‘The Story of the Theatre for Children’. FilmStrip NSW. On-line at digital.slv.vic.gov.au/dtl_publish/pdf/marc/3/2125895.html). Free Education. Profile of Susan Isaacs. http://free-educations.blogspot.com.au/2011/02/educator-profile-susan-isaacs-18851948.html McIntyre, J. (2014). Rosemarie Benjamin and the Theatre for Children in Sydney, 1937-1957. [Journal article, submitted]. Available at http://www.artpages.com.au/Theatre_for_Children/Theatre_For_Children.html	cc/2019-30/en_head_0031.json.gz/line781
__label__wiki	0.76114	0.76114	Inside Qasr Al Watan: a peak into the UAE's Presidential Palace Sangeetha Swaroop Jul 11, 2019 Sangeetha Swaroop goes on a tour of Abu Dhabi’s splendid landmark The Palace is constructed from white granite and limestone built to last centuries and to reflect heat Photo by: Supplied Nothing quite prepares you for the sheer opulence of Abu Dhabi’s new cultural landmark, Qasr Al Watan, which opened its doors to the public earlier this year. Not even its multi-domed, white exterior shimmering in the distance as you drive along the Corniche will prepare you for the breathtaking experience that awaits inside. We begin our journey at the Visitor’s Centre, where we are treated to true Arabian hospitality with dates and coffee laced with a generous dose of saffron. A shuttle bus awaits to take us to the doorstep of Qasr Al Watan. As we draw closer, driving past lush courtyards, it is the understated elegance of the large domes with golden Arabesque calligraphy swirls that capture your attention. The sculptured gardens, fountains and delicately overflowing pools add to the distinctive charm of the place and silently welcome you in. It is through an audio narration during this short bus journey that we learn that Qasr Al Watan, housed in the Presidential Palace compound, is not the private residence of the President of the UAE, but a working palace designed to host official state visits and summits. Several global leaders and heads of states have visited here since 2017, including the Pope. [Sharjah's gateway to Islamic culture and art] [In Hatta, a mountain village beckons wanderers] Set amidst the 380,000-square-metre Presidential Palace compound, it also houses the formal offices of the UAE’s President, Vice-President and the Crown Prince of Abu Dhabi. More than a traditional palace, Qasr Al Watan is an exquisitely crafted tribute to the region’s Arabian heritage and artistry, says the narrator. More than 5,000 unique geometric, vegetal and floral patterns inspired by the iconography and patterns of the Arab world can be seen in the palace We are informed that the façade of the Palace is constructed from white granite and limestone built to last centuries, but which also more significantly reflects off the heat instead of absorbing it. The colour white was chosen as a symbol of purity and peace, and is also a reflection of the beige and white buildings that are commonly found in coastal Gulf countries. As we step out, the arched colonnade characteristic of traditional houses in the Gulf region provide a respite from the heat. A massive wooden door featuring hand-carved designs opens to reveal a lavish spectacle that has to be seen to be believed. We hear gasps of awe from visitors at the first glimpse of the stunning interiors, featuring classical Islamic architectural motifs such as the arch, dome and ornate tile-work with interwoven patterns. It is here that we meet our tour guide, who explains that the name Qasr Al Watan literally translates to ‘Palace of the Nation’, and it was constructed over a period of seven years from 2010 to 2017. The Presidential Palace, she adds, comprises the working offices of various government departments. Of these, only Qasr Al Watan is open to the public. More than 5,000 unique geometric, vegetal and floral patterns inspired by the iconography and patterns of the Arab world can be seen in the palace, she tells us. ‘Solid maple wood has been chosen for the doors for their light colour and durability. The patterns have been carved by hand and each door took 350 man hours to make.’ Art installations of mirrored cubes in The Great Hall showcase stunning architectural design The key colours of the palace – white, blue and yellow – reflect the richness of the region’s landscape and allude to the dominant hues of the desert, sky and sea, she adds. ‘White is also symbolic of peace and coexistence, hallmarks of the UAE’s governing tradition. Together, this harmonious blend of hues gently breaks the uniformity of the décor and unites the overall design.’ We make our way to The Great Hall, which the narrator describes as the architectural heart of Qasr Al Watan. Measuring 100m x 100m, its impressive size makes it the centrepiece of the building. The crowning jewel here is the central dome, one of the largest in the world. Standing 60 metres above the ground – the height of a seven-storey structure, the dome has a diameter of 37 metres, and features 12 large double curved glass panels. High above on the dome are stained glass windows, each measuring 170cm x 350cm and weighing approximately 250kg. The light passing through these illuminates the space. ‘The process of staining glass is a very old technique that entails a high level of craftsmanship,’ explains our guide. ‘Each drawing or cutting is by itself a piece of art.’ Four art installations of mirrored cubes placed inside The Great Hall showcase its stunning architectural design, diversity of patterns, and intricate craftsmanship from a variety of perspectives. The foundation of the Palace’s interior is the eight-pointed star, an important symbol in Islam that consists of two overlapping squares, where one square is turned at 90 degrees, says our guide. ‘This symbol is used in Arabic calligraphy to mark a chapter’s end and appears in the Holy Quran at the end of passages,’ she explains. Indeed, the eight-point star is a recurring motif that runs through Qasr Al Watan, right from its appearance in various forms and patterns across the courtyard and gardens, to its majestic hallways and ornate ceilings. We move towards the West Wing and pause to admire the beauty of precision of the symmetrical patterns found throughout the Palace, which are a key characteristic of Arabian architecture. ‘It was the constraints of using human or animal figures in Islam that led to the evolution of the art form of geometric patterns in Arab architecture for ornamentation purposes,’ she says. ‘Though they look elaborate and complex, the patterns are based on simple grids and are a testament to the aesthetics of the craftsmen and their extraordinary skills.’ At Qasr Al Watan, mirror image marble slabs are placed side by side creating impactful designs in a process known as a book matched marble technique. ‘Only highly experienced artisans know how to find blocks of marble suitable for this ancient technique,’ explains our guide, drawing our attention to some excellent examples on the walls. It appears that every line, pattern and grain in the marble floors and walls has its own story to recount. She also points out muqarnas, a distinctive ornamentation that produces a decorative honeycomb effect and is chiefly used to form smooth transitions between straight walls and domed spaces. ‘Muqarnas were used frequently in older structures in the UAE and their usage here contributes to this legacy,’ she says. We also notice how the patterned composition of the delicate mashrabiya, a traditional Islamic window element with its characteristic latticework, allows natural light to filter into the Great Hall. The Presidential Gifts exhibition is a grand display of artefacts exchanged during diplomatic engagements Previous Next 1/3 Our guide leads us to the Presidential Gifts exhibition to see some of the artefacts exchanged during diplomatic engagements. ‘When choosing official gifts, the three main things that are taken into consideration are culture, religion, and personal taste,’ she says, as we admire the decorative vases from the Orient, and fine sculpture from Europe. The Korean moon jar, a gift from the Republic of Korea, has a uniquely plain and simple design that is starkly different from the decorated pottery found around the world. As part of the Japanese collection is the Samurai Armour, while a collection of falcon masks have been gifted by the Federal Republic of Germany. A treasured gift here is a falcon carved from a single piece of glass by Baccarat, the legendary French manufacturer of fine crystal glassware. We then step into the Spirit of Collaboration room, which has been designed as a space of leadership, cooperation and governance, and is used to host the meetings and summits of local, regional and international counsels. ‘The circular layout of this room was influenced by the dome above and suggests egalitarianism, she says. Suspended from the 23-carat gold leaf-lined dome is a magnificent chandelier with 350,000 crystals that is so large, it had to be assembled in this room and even has space inside for a person to carry out repairs. Apart from its striking beauty, the chandelier also serves a practical purpose – to absorb sound in the amphitheatre-style room, which can hold around 900 people, she adds. This chandelier with 350,000 crystals absorbs sound in the massive room that can accommodate 900 people The Presidential Banquet Hall reserved for state banquets and which can host up to 300 guests at a time also pays tribute to the Emirati culture of hospitality. ‘Food served here reflects the guests’ culture, and in keeping with the protocol of a state banquet, the guest of honour is always seated to the right of the host,’ says our guide. ‘The circular tables in front of the official table always stay half-empty so that guests are not seated with their backs to the host and other dignitaries.’ Tables here are set with hand-painted bone china plates, crystal ware and silverware custom-made for the Palace. Within the House of Knowledge in the east wing, we come upon an impressive collection of artefacts and manuscripts that highlight origins of libraries in the Arab world and its contributions to various intellectual fields including science, arts, humanities and literature. Here we see one of the earliest modern maps of Arabia by the Italian cartographer Giacomo Gastaldi, dated 1561, with the names of Abu Dhabi, Dubai and other prominent emirates written in precisely the same manner that it is said in Arabic. It uses information gathered by Portuguese explorers and is thought to be the earliest map to name Abu Dhabi. The Presidential Banquet Hall for state banquets can host up to 300 guests at a time. Tables here are set with hand-painted bone china plates, crystalware and silverware custom-made for the Palace ‘The exhibition at the House of Knowledge showcases the Arab contributions to human knowledge in the period of enlightenment known as the Arab Golden Age, which traditionally dates from the mid eighth century to the mid 13th century,’ explains our guide. We learn about the Arab pioneers in medicine; discover the advances made in astronomy and navigation; observe the evolution of calligraphy from Kufic, the first script to gain prominence in Arabic calligraphy to Cursive, which later became the standard script; and are impressed by the Arab contributions in literature which gave us the inimitable Arabian Nights (One Thousand and One Nights) that has captivated the imagination of readers for centuries. Found here are also the oud and ganun, musical instruments responsible for some of the unique soundscapes found in traditional Arabic music. In honour of the 2019 UAE Year of Tolerance, three holy books – the Holy Quran, the Holy Bible and the Book of David’s Psalms are displayed together. We step out of the House of Knowledge to marvel at the lattice-inspired gold sculpture by Emirati artist Mattar Bin Lahej that pays homage to the leadership values exemplified by the late Shaikh Zayed Bin Sultan Al Nahyan featuring an interlaced inscription of his famous quote: ‘Wealth is not money or oil; wealth lies in people and it is worthless if not dedicated to serve the people.’ Our visit comes to an end at the Qasr Al Watan Library, an architectural marvel with a soaring atrium, housing a treasure trove of knowledge resources in the fields of science and the arts in the UAE, collected over a period of 35 years. There are also books on archaeology, history, memoirs, biographies, culture and literature. A general admission ticket is Dh60; children under 17 pay half price. Timings are 10am to 8pm, daily. Guided tours run for one hour and cost Dh30 per person. Held every 30 minutes, tours are available in English, Arabic, Mandarin and Russian. Private tours are available on request and cost Dh600 for up to 20 visitors. For more info and to buy tickets, visit qasralwatan.ae. Travel guide for writers: 9 writing holidays Nick Trend Jul 14, 2019 Amsterdam is too busy: 10 alternative Dutch holidays Rodney Bolt Jul 10, 2019 9 of the world's best cookery holidays Nick Trend Jul 4, 2019	cc/2019-30/en_head_0031.json.gz/line782
__label__cc	0.680315	0.319685	The American colors displayed with the Papal flag and those of the armed forces at FSSP Chesapeake A happy Independence Day to all our American readers (and to our non-American readers who are celebrating with us)! As we spend time with our friends and families today, attend parades and watch the traditional fireworks displays, let us also take a moment to give thanks for the blessings we enjoy in the United States. This land was first consecrated by the blood of the missionaries who gave their lives that the Faith might be planted in the New World, and throughout the history of the USA, many men and women have labored, fought and died so that the home of the brave might remain the land of the free. Let us honor their sacrifices today and pray for our country, which has been under such severe spiritual attack in recent times. Prayer is certainly the most powerful weapon we can bring to such a fight, so let us beseech Our Lady, the Patroness of the United States, to defend and protect this land, and make of us a people well-pleasing to her Son. The National Shrine of St. Alphonsus The United States has proven to be fertile ground for the work of the Fraternity, which runs 55 apostolates in 41 American dioceses, in addition to a seminary that is brimming with vocations. We have also been entrusted with the care of several extraordinary pieces of American history, such as the National Shrine of St. Alphonsus Liguori in Baltimore, where St. John Neumann, the first American bishop (the first male citizen, in fact) to be canonized, served as pastor and was consecrated the fourth Bishop of Philadelphia. We thank God today for the success He has granted to us in the United States, and ask Him to bless our future work in these abundant vineyards. +	cc/2019-30/en_head_0031.json.gz/line783
__label__cc	0.556329	0.443671	The One Life Dream That Makes a Girl Blush March 22, 2019 by Andrea Burke Because of my work, I sit down regularly with single, young women. Single young women who want nothing more than a wedding ring, the kids, the house, the whole lot. And mind you, their wishes are never wicked or wrong. What they desire is not evil. What they hope for isn’t silly. They are not glassy-eyed about their future. They are not sitting across from me wondering where Prince Charming is. They are faithful young women. Hard-working. Funny. Beautiful. Smart. And they have done well to steward what they have up to this point. And yet, I see it. When the water is poured again and they lean back after a dish is served to their friends. When they take a breath and their shoulders slump a little. After they’ve told me all of they’ve said of their current life, their work, their time, their goals. They don’t want to say it, for fear that admitting it will make them look weak. “I know it’s silly,” one girl said. “I know. But…” she hesitated, tucking a strand of hair behind her ear. “I really just want to be married. To raise some kids. To take care of a home.” She’s almost embarrassed by the time she’s finished saying the sentiment. As if admitting it has made any impressive strength and wit she had faded away into a pile of proverbial laundry and dishes. As if she’s ashamed for wanting something so “trivial” and simple. “Is that silly? I mean, it’s really all I really want to do.” We’ve gone so far down the road of feminism that we’ve forgotten how to proudly be feminine. You want to carry a child in your bones and lay down your life for them for more than 18 years? You want to lay down your life and learn to die to self for the rest of your life? You want to serve someone with all your heart, body, and soul? You want to master the art of cooking for a crowd and have clean clothes and end each day knowing that there’s a group of people who look to you as one of their anchors and rocks? You want to work your tired body from dawn to dusk for love? How silly it is not. How trivial is no way to describe it. I wish we loved the strength it takes for a woman to become a wife and a mother. We marvel at her physical strength when she births a child. But we forget what invisible strength she shows when she lays down her life for her home every day after that. Social media spends all of its energy telling women to remember who they are, to fight for their sacred spaces, to become the woman they want to be. All things that feel confusing when you’re holding a newborn baby and learning to forget your self-centeredness, allow others into your personal space, and become the woman that you are becoming and not who you thought you’d be. I wish as a culture, we understood what happens in those four walls when two adults decide to sacrifice for one another, be good stewards of their money, welcome in guests, and raise a generation to know the heritage of the Lord. I wish we called it more than a contract, an agreement, or even a commitment to vows. I wish we called it holy, beautiful, other-worldly. We’ve tried to make it easy. We’ve updated our lives with gadgets and gizmos aplenty. We’ve made our machines smarter. We’ve made our cleaning supplies more time efficient. We’ve scrubbed the hard work right out the door. We don’t even need to meal plan or grocery shop anymore. Fresh groceries can show up at our door, pre-measured, pre-planned, ready to go to the table within 30 minutes. We’ve turned our properties into museums. Instead of well-loved they are well-liked on social media and we’ve forgotten how to create a home, and instead curate a scene for those who will never step foot through our door. We’ve replaced hard conversations with texts. We’ve told husbands and wives that the primary goal of their marriage is their own happiness. We’ve sold them the lie that once it gets hard, tired, menial, once it gets weary, someone raises their voice, or someone says something they regret, that we can get out with a white flag that says “this just isn’t for me anymore.” We’ve made love about sex. And sex about self. When a woman says she wants to make dinner for her family, we crack a joke about June Cleaver and we laugh because who wants to waste their time with that? When a woman says she wants to stay home and raise children, we give a curt smile and say “But what do you really want to do with your life?” And should she decide to pursue that, other women will be the first to look down their noses at her, tell her she’s not adding anything, that she’s slowing down progress. As if giving up your life for others isn’t an incredible thing. We applaud heroes on the battlefield, social justice workers on the borderlines, desperate souls who risk everything for the ones they love. But marriage? Motherhood? Small living? Psh. eye roll It’s 2019, right? As if the woman who chooses such things has given up. As if her internal engine doesn’t weary. As if she’s not feeling incredibly alone because all of her 9-5 friends have opted for happy hours and bursting bank accounts while she empties herself for souls who need every ounce of her life. Children have become the last resort. The final hurrah for a marriage that spends years “finding itself.” Career trumps caretaker. Independence is king. Personal happiness above that insane idea of laying it all down. This is not to say that those who can’t have children, don’t have children or who aren’t married are inherently wrong. I’m just wondering if we have to speak so condescendingly about those who have said the hard “Yes” to the humbling and long-term work of marriage and family. Can we stop acting like she’s chosen a simple and silly life? Can we stop talking about children like they’re soul-sucking, dream-killing, money-grabbing leeches on society? Can we stop treating wives and moms with the eye-rolling disdain that says “only the simple-minded woman would choose such an outdated path?” We all buy into this narrative so much that when a 21-year-old girl sits across the table from me and tells me that she wants to be a mother, she blushes and gives a thousand caveats as to why she knows it’s not the optimal choice. And yet — here’s what I know to be true. I’m nearly 36. I’ve carried two children in these bones and I’ve nursed them, held them, wept over them and because of them. I’ve planned meals for more than 10 years now for hungry bellies and bottomless pits. I’ve had seasons of scratching the bottom of empty bank accounts and seasons where I’ve forgotten to worry about money at all. I’ve forgotten myself entirely and sometimes thought of myself only and always too much. Everyone in their 30s is talking about a rebirth and I’m still learning how to die. But the souls that move in bodies in and around my home? They are a legacy and an investment that I do not ever regret giving it all for. When I’m weary and feeling empty, when my life goals feel lifetimes away and my body isn’t the one I hoped I’d have, I can promise you that I wouldn’t give them up for a thousand trips around the world, a perfect waistline, or a name linked to fame. The world can forget me but they will not. Last summer, while the kids chased fireflies and the men smoked pipes, while the bonfire’s flames licked the edge of the summer sky, my friend turned to me and said: “Do you ever feel like you found the secret to happiness?” Her long legs crossed, a toddler tucked on her lap, and she smiled. “You know — you see all these people out there chasing happiness? Adventure? Purpose? And do you think we’ve found it? Right here in our simple homes, good husbands, these kids…” she trailed off. “I do think we’ve found it. It’s all right here,” I nodded back. So my dear friends, as the poet Wendell Berry said: “...every day do something that won’t compute. Love the Lord. Love the world. Work for nothing. Take all that you have and be poor. Love someone who does not deserve it.” And don’t blush for saying that’s all you really wanted anyway.	cc/2019-30/en_head_0031.json.gz/line784
__label__wiki	0.754327	0.754327	Read A Very British Murder Online Authors: Lucy Worsley A Very British Murder PART ONE: HOW TO ENJOY A MURDER 1. A Connoisseur in Murder 2. The Highway 3. The Watchmen 4. The Murder Circuit 5. House of Wax 6. True Crime 7. Charles Dickens, Crime Writer 8. The Ballad of Maria Marten 9. Stage Fright 10. The Bermondsey Horror PART TWO: ENTER THE DETECTIVE 11. Middle-Class Murderers and Medical Gentlemen 12. The Good Wife 13. Detective Fever 14. A New Sensation 15. ‘It is worse than a crime, Violet …’ 16. Monsters and Men 17. The Adventure of the Forensic Scientist 18. Revelations of a Lady Detective PART THREE: THE GOLDEN AGE 19. The Women Between the Wars 20. The Duchess of Death 21. A Life Less Ordinary 22. The Great Game 23. Snobbery with Violence 24. The Dangerous Edge of Things Postscript: ‘The Decline of English Murder’ Picture Section A dark, shameful deed, the last resort of the desperate or a vile tool of the greedy. And yet, an endlessly fascinating storyline in popular entertainment. When did the British start taking such a ghoulish pleasure in violent death? And what does this tell us about ourselves? , Lucy Worsley explores this phenomenon in forensic detail. She revisits notorious crimes such as the Ratcliffe Highway Murders, which caused a nation-wide panic in Regency England, and characters such as the murderess in black satin, Maria Manning, who helped bury her lover under the kitchen floor. Our fascination with these dark deeds would create a whole new world of entertainment, inspiring journalism and novels, plays and puppet shows, and an army of beloved fictional detectives, from Sherlock Holmes to Miss Marple. During the birth of modern Britain, murder somehow slipped into our national psyche – and provided us with some of our most enduring and enjoyable pastimes. is a unique exploration of how crime was turned into art, and a riveting investigation into the British soul by one of our finest historians. Dr Lucy Worsley is a historian and Chief Curator of the Historic Royal Palaces, where she looks after the Tower of London and Hampton Court Palace among others. She has presented numerous television series, including Harlots, Housewives and Heroines for BBC4 and for BBC1, for which she also wrote an accompanying book. Lucy has also written numerous other books, including Cavalier: A Tale of Chivalry, Passion and Great Houses. ‘There’s the scarlet thread of murder running through the colourless skein of life, and our duty is to unravel it, and isolate, and expose every inch of it.’ ‘It is Sunday afternoon, preferably before the war … You put your feet up on the sofa, settle your spectacles on your nose, and open The News of the World . A cup of mahogany-brown tea has put you just in the right mood. The sofa cushions are soft, the fire is well alight, the air is warm and stagnant. In these blissful circumstances, what is it you want to read about? Naturally, about a murder.’ George Orwell, ‘Decline of the English Murder’ (1946) IN HIS ESSAY ‘Decline of the English Murder’, George Orwell describes for us the most satisfying kind of killer. Ideally, he’s a solicitor or doctor. He’s chairman of the local Conservative Party, or maybe a campaigner against the demon drink. He commits his crime out of passion for his secretary, but he’s really driven by fear of public shame: it’s easier for him to poison his wife than to go through the public scandal of divorcing her. The archetypal murderer, in Orwell’s mind, was a devious but apparently quiet and respectable little man, rather like Dr Crippen. But it wasn’t ever thus. Around 1800, people asked to imagine a murderer would have come up with a much more heroic figure: a gallant highwayman, or perhaps a charismatic career criminal who repents on the gallows. They might even have laid eyes upon him themselves, at one of the many crowded and carnivalesque public hangings. And today, by contrast, our scariest and most enjoyable fictional murderers are much less cosy than Orwell’s. They are psychopathic serial killers, nihilistic, motiveless and utterly terrifying. This isn’t really a book about real-life murderers, or the history of crime – although that’s certainly part of the story. Instead, it’s an exploration of how the British the idea of murder, a phenomenon that dates from the beginning of the nineteenth century and continues to the present day. Perhaps appropriately, then, our two bookends will be writers. We’ll start in the late Georgian age, with Thomas De Quincey and his essay ‘On Murder Considered as one of the Fine Arts’. De Quincey was inspired by the so-called Ratcliffe Highway Murders of 1811, a multiple killing that saw the beginning of the gruesome correlation between lurid reporting of a crime and a massive spike in the sales of newspapers. We’ll end at the Second World War, and Orwell’s essay, in which he laments the declining ‘quality’ of British murders and the rise of a different, more violent, less well-mannered, American-style criminal. Both writers, of course, were satirizing the business of enjoying a murder. And a large-scale, profitable and commercial business it was, too. As the Victorian age wore on, biographies of murderers were among its publishing sensations. In 1849, as many as two and a half million people bought a rather rushed effort purporting to be the ‘authentic memoirs’ of Maria Manning, the ‘Lady Macbeth of Bermondsey’, who had helped to kill her lover and bury him under her kitchen floor. In the middle of a cholera epidemic, Manning’s story dominated the news. Her execution was attended by thousands, including Charles Dickens, who found it horrific but nevertheless used Maria as a model for his murderess in Maria Manning’s execution was one of the last female hangings to take place in public. But even after this date you could still meet murderers face-to-face in the pseudo-scientific ‘Chamber of Comparative Physiognomy’, otherwise known as the ‘Chamber of Horrors’, at Madame Tussaud’s gallery. Or else you could watch them re-enacting their crimes in street performances, on the London stage or in puppet theatres. Or you could even buy the merchandising, which included – a particular favourite of mine – ceramic ornaments depicting the houses where notable murders had taken place. While researching this book, I was also making a television series on the same subject and I particularly enjoyed filming the strange and varied artefacts spewed out by a consumer society’s response to murder. I was ghoulishly pleased to handle the scales used by Thomas De Quincey to measure out the drug to which he was addicted. I myself re-murdered Maria Marten, the Suffolk mole-catcher’s daughter buried in a barn in 1828, by operating the Victoria and Albert Museum’s nineteenth-century puppets representing Maria and her killer, William Corder. It was gruesomely thrilling to handle Corder’s actual scalp, complete with shrivelled ear. It’s on display to the public, as it has been ever since his death, and can be seen in a museum in Bury St Edmunds. It was marvellously horrid to be in the Chamber of Horrors after hours, and to see the wax figure of Dr Crippen released from his cell, and to look straight into his eyes. Such experiences, mixing horror and fun, were genuinely unsettling and genuinely pleasurable. The murderer’s rise to prominence in popular culture and fiction was mirrored, of course, by the rise of the detective. He – and eventually she – was greeted with suspicion and the feeling that it was distinctly un-British to ‘spy’ on members of the public. Eventually, society grew to rely upon and to respect the professional crime-solver, but the amateur remained more popular in fiction. I especially like girl detectives, having grown up believing that I was Harriet Vane from the Lord Peter Wimsey mysteries reborn. Employing a female sleuth in a novel allowed authors to send feminine characters bursting out of the usual restrictions of class and home. They could follow suspects, wear disguises, spy on other people and use their intelligence to right wrongs. Even the female criminals of the Victorian age, both in fact and fiction, give voice to passions and complaints not usually heard or expressed by women in society. Now it’s pretty obvious that the ‘art’ of murder – its depiction in theatre, songs, stories, novels or newspapers – reflects society’s darkest fears back at itself. The Ratcliffe Highway Murders at the start of our period chimed with fears about the newly expanding city, ‘stranger danger’ and urban predators in ill-lit streets. But murder becomes more middle class as the nineteenth century matures. New types of poison (and new developments such as life insurance) provided novel means (and motives) for crime. We think of Sherlock Holmes as living in a world of gas lighting and hansom cabs and opium dens, yet actually many of his cases take him to places like Leatherhead, Esher or Oxshott, and houses with names like ‘Wisteria Lodge’, ‘Chiltern Grange’ or ‘The Myrtles’. To solve these affairs Holmes leaves Baker Street and London behind, travelling out to the Home Counties on the train. In the earlier nineteenth century, middle-class murderers could count on the deference that the authorities paid to their very station in society to protect them from the law. The later Victorian period saw more and more middle-class murderers, and murderesses, being caught. And eventually they would find themselves – their concern for respectability and appearances – recreated in the works of Agatha Christie, Dorothy L. Sayers, Margery Allingham, Ngaio Marsh and the other great crime writers of the early twentieth century. River Road by Carol Goodman Chance Assassin: A Story of Love, Luck, and Murder by Nicole Castle Sheikh Obsessions - A Sheikh Romance Box Set by Holly Rayner NO KISS FOR THE DEVIL (Gavin & Palmer 5) by Magson, Adrian The Alchemist's Secret by Mariani, Scott Wrong About Japan by Peter Carey Entwined With the Dark by Nicola Claire The Conqueror's Shadow by Ari Marmell Urban Tantra: Sacred Sex for the Twenty-First Century by Carrellas, Barbara ChristmasInHisHeart by Lee Brazil, Havan Fellows	cc/2019-30/en_head_0031.json.gz/line785
__label__wiki	0.725165	0.725165	Fuzzable Exclusive: Interview with Sonal Jogia by ayushi December 2, 2018, 4:48 pm An instinctive songwriter, Sonal Jogia impresses audiences with her sweet, yet powerful voice and soulful style. Having written and released her first album in her early thirties, this Canadian R&B songstress, who left her home and belongings 8 years ago to live in Spain, has battled through insecurity and conformity head-on… and won. The first single from her latest EP is one that comes straight from the heart… a love song called Alive that she wrote with the help of her guitar. “Being in a state of Love is something that cannot be described in words…it can only be felt. But a song… a song can transmit what words alone never could. A song can awaken feelings inside of us”, Sonal explains. “I hope this song helps to awaken Love in you.” “Alive” was released in September. In an interview with Fuzzable, Sonal detailed out her journey and the creative process that went behind creating her new song. Check out the interview below: Please tell our readers a bit about yourself. I was raised in Calgary, Alberta, Canada and moved to coastal Spain over 8 years ago. I was always a little different than most people and never could quite fit in. Music was my escape, although I didn’t pursue it until much later than most people. And I’m now thinking of my next move and where in the world I’ll end up living…let’s see where the wind take me…and most importantly…where music takes me! We read you began your journey as a musician in your 30s. While we don’t believe that there is an age to work for your dreams, we wanted to know how and when did you decide to finally embark on the endeavour? Well that was a very slow process, haha. Not being able to conform to societal norms, I was always the screw-up child who would never go anywhere or amount to anything. Because of this I ended up keeping my musical abilities mainly to myself once I became a teenager. Before that point I would sing for anyone and everyone who would listen to me. I always sang though…but I kept it to myself and a couple of really close friends. It wasn’t until my 20’s that I started to sing back-up vocals for my friend’s band, and even then I had crippling stage fright, and that’s not even being up-front and center. After keeping secretive about it for that long, it was a very difficult thing to start doing. Many years went by like this and I just kept doing it, even dabbling in taking centre stage now and then…although I wanted to hide at the back of the stage behind all of the other musicians! There finally came a point where I decided to put a band together and give it a shot, and that was when I was 29 I believe. The potential was definitely there, but I was still unable to feel confident enough. I would always judge and criticize myself harshly. I left that project after about 6 months and decided I wasn’t ready. But then I gave it another try, including recording my first EP, which was then nominated for an award for Best Urban Recording of the Year at the Breakout West Awards in Canada! Since then, I’ve realized that having courage doesn’t mean that I can’t be scared at the same time, and that I can keep moving forward with it, and that it gets better. It’s taken a lot of soul searching and healing from the things I’ve realized have kept me from realizing my dream and sharing the gift I have to share with people. Music is a beautiful means to connect us and elevate us energetically. I can’t stay away from that! So for me the timing is perfect, and couldn’t have happened more naturally. That’s the simplified version! How did the spatial transition from Canada to Spain happen? What kind of role did music play in driving the decision? The move was basically a much needed change of scenery and pace. I wanted a different cultural experience as well. Being born in the UK (although I moved to Calgary when I was just a year old) gave me the means to be able to live in Europe. I also wanted to live by the sea and not have to endure such cold and snowy winters…I was done with that! Musically, I needed to feel more inspired than I had been feeling, and I knew that was going to take a drastic change. Living in Spain has been the experience of a lifetime, and now I’m thinking about my next move…which will have everything to do with music. I’ve reached the point in life and music where I know that professionally I need to be somewhere else in order to make advancements in my career. So we’ll see what new adventures and experiences are created! You have collaborated with Spanish musicians. How has been the experience? Also, does Spanish music makes it way into your new project? It has been a really great experience working with people here. My first collaboration was with a Spanish producer/DJ and a rapper. It was great because we were able to incorporate both a Spanish verse by him and an English chorus by me. We even performed it at their sold-out CD Release event in Zaragoza, a Spanish city up in Northern Spain. And another collaboration that stands out is with a really well known Spanish DJ/Producer who goes by the name of Sansixto. He produces electronic music, and he had me write and sing on a few tracks, one of which he officially released. That was really great because apart from collaborating with such a talented producer (who is now making his mark internationally), I was able to step outside of my genre of RnB and experiment with a completely new style. A soulful voice can go really nice on an electronic instrumental. Those are experiences that help me grow as an artist! And as for Spanish music in my project…not this time! Although now I feel I’m ready to write my first song in Spanish. I’m now quite fluent in speaking it, but still feel that I would like to co-write it with someone. So that is definitely a plan in the near future! As a singer and a songwriter, how do you perceive your evolution? On artistic terms, where do you place yourself today? I’m always evolving as both a singer and a songwriter, some of which is really organic based on who I am as a person and my own personal growth, and some of which is an effort put forth to observing, learning, training, and a lot of practice. I also love collaborating with other artists, because that can really give a new outlook on different perspectives and techniques when it comes to creating. Artistically, my style seems to have a similar old school (90’s RnB) feel, but still manages to sound current. I hope to never stop growing and evolving as an artist. I hope to always be able to feel inspired… inspired to create and to share from the heart. That’s the best way to connect to people and in turn to inspire other hearts. Congratulations for “Alive”! Please tell our readers about the song. Thank-you! “Alive” is an expression of Love and all of the emotions that arise from it. For many it’s difficult to be able to express vulnerability and emotion in conversation. I’m lucky to be able to have the means to express myself through song, and also to help others to do the same. That’s the beautiful thing about music…that so many can relate to your words and the sentiment that comes across, and it gives them to not only the ability to express themselves, but also to experience enhanced emotions. So far the feedback on this song has been really wonderful and I’m so happy that people are connecting to it! In terms of musicality, the song has a laid back and soothing tune which would make any listener stop and pay attention to it. We would like to know about the creative process that went behind the single. I started playing the guitar just a few years ago and one day I sat down and started playing the chord progression…and lyrics and melody just naturally came out. In just a little while I had the first verse and the chorus. I loved it right away! Not long after I went and sat on the beach with my notebook and that is where I finished the song, fully lost in my surroundings. It’s so easy to feel inspired in magnificent nature! It makes me feel fully present in the moment and nothing is forced…it just flows. So that’s how “Alive” came into existence…and I’m happy it did! We loved “Alive” and would like to know a bit about your EP too. Please tell our readers about your latest project. Well I recently went back to my hometown of Calgary, Alberta, Canada to record the new EP with producer Spencer Cheyne at OCL Studios. It was such a pleasure to work with him and the musicians who played on this project! What a great team. The band was recorded live off the floor, so everyone was really able to vibe off of each other, which was amazing since they were such a big part of the arrangements. This is a 6-song EP and it will be coming out next year after the first few singles…I’m really excited about it! Would you like to share with us your future projects or endeavours? For now I’m just going to keep putting my effort and energy into this current project, and so a video and tour are on the agenda for upcoming projects within the project, haha. I am also focused on getting better on the guitar so much of my time goes into that, and also into writing/co-writing. And of course being a one-person-team, I’m working on promoting the new music. I’m doing it on my own and learning as I go along, so I’m definitely keeping busy! You can find Sonal Jogia on social media: http://facebook.com/sonaljogiamusic http://instagram.com/sonaljogiamusic What do you think about the single? Share your thoughts via tweet @Fuzzable. Written by ayushi I am Ayushi from India. I love writing poetry, listening to K-POP and spending time alone. Writing is what defines me and I am on the journey to make the definition as good as possible. ? Five advantages of playing poker online Book Review: The Thunder Girls by Melanie Blake Uffie Marks Her Return With Sparkling New Single “Mine” Exclusive Interview: Zoibaf Talks About Progressive Music! Travel Trailer Camping Guide for Beginners How To Get Into The Fashion Industry Without Any Experience: Your Insider Guide Fuzzmas Advent Awards: Day Two! Book Review: Disney Villains: The Evilest Of Them All By Rachel Upton Stuff you’ll like Top Online Dating Sites for Christian Dating Tips to Know Before Taking CBD Oil and How Long It Works For Benefits of the Top Plant-Based Vegan Protein Bars Kratom Capsules or Kratom Powder – What Type of Kratom to Choose © 2019 Fuzzable Fuzzable uses cookies to improve your experience. 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__label__wiki	0.901392	0.901392	Rep. Tulsi Gabbard Statement on 30-Day Stay for Kailua-Kona Farmer, Andres Magana Ortiz Washington, DC—Rep. Tulsi Gabbard (HI-02) released the statement below after the Department of Homeland Security (DHS) granted Kailua-Kona famer, Andres Magana Ortiz, a 30-day stay of deportation: “This morning, Mr. Ortiz faced the possibility of immediate deportation, leaving his wife and three children behind. While today’s 30-day reprieve is a positive step, it does not resolve the underlying issues. I’ll continue to push legislative and other avenues to assist Mr. Ortiz and his family in their efforts to remain in the Kona community he has called home for nearly three decades,” said Rep. Tulsi Gabbard. Background: Rep. Tulsi Gabbard introduced a private bill earlier this week to halt the deportation of Mr. Ortiz and make him eligible for legal, permanent residence in the United States. A similar bill was introduced by U.S. Senator Daniel K. Akaka to assist Chef Chai Chaowasaree in 2001. She also joined the Hawaiʻi Congressional Delegation in writing to DHS Secretary Kelly earlier this week requesting that the Department reverse its decision to deport Mr. Ortiz. Immigration reform has been one of Rep. Tulsi Gabbard’s top priorities throughout her time in Congress. She also co-sponsored two measures to protect families and children, including the DREAMer Information Protection Act (H.R. 532) which prohibits DHS’s Deferred Action for Childhood Arrivals program (DACA) from being used for immigration enforcement proceedings and the BRIDGE Act (H.R.496) which codifies the DACA program. Fighting for Civil Rights & Equality, Hawai‘i Island Updates, Protecting Our Economy and Restoring Growth to the Job Market	cc/2019-30/en_head_0031.json.gz/line787
__label__wiki	0.683633	0.683633	Fox Cancels Dollhouse Thread: Fox Cancels Dollhouse December 6th, 2009, 07:26 PM #81 Re: Fox Cancels Dollhouse Originally Posted by Giantevilhead First of all, you're completely twisting my argument. I never said that stories can't be derivative. West Side Story is extremely derivative of Romeo and Juliet, it's pretty much a retelling of the story but that doesn't mean it's bad. It just can't be as unique as the original. Second, I never even said that Dollhouse was bad because it was derivative. This is what I said: I simply said that Dollhouse is a lot less original than Whedon's other works. Third, did you even read my posts? I'm not saying that Dollhouse only took basic plot ideas from other sources. I'm saying that it took specific details from other sources. I'm not saying that an artist who paints a portrait of a woman is trying to copy Leonardo da Vinci's Mona Lisa. However, if an artist paints a portrait, using the same style and materials as Leonardo da Vinci used, of a woman who happens to look a lot like the woman in Mona Lisa, sitting in a similar position, wearing similar clothes, and didn't paint the eyebrows then maybe it just might be possible that the artist was trying to imitate or copy the Mona Lisa. Derivative is typically used in a negative fashion. The Stargate Character Facebook/Twitter Status Page http://forum.gateworld.net/showthread.php?t=69210 Giantevilhead Barkeep Originally Posted by HAL2100 That doesn't change the fact that Dollhouse is more derivative than Whedon's other work. December 9th, 2009, 11:09 AM #83 Coronach "With my by myself." I think it's a shame Dollhouse got cancelled. In my humble opinion, I felt it was really a good show...and it was only getting better in Season 2. Ah well Sig by Pandora's Box Defenders of Chloe -Major Woody Second Lieutenant Tampa, Tau'ri Homeworld I saw it coming when FOX cancelled The Sarah Connor Chronicles last season. Don't green it unless you mean it. badwolfSG Last time I check Solar System. Originally Posted by -Major Woody I saw Dollhouse and Sarah Connor Chronicles both being Cancelled, which is why I stopped watching them. I, personally, thought they were both great shows, but I just was getting feed up with getting really into a show and it being cancelled on me. There are my dogs! If you had to chose, die or watch the world die, what would you pick?" Originally Posted by badwolfSG At least they gave both a chance to succeed. 'Defying Gravity' was a great show with a lot of promise that ABC set up for failure from day one. Incredibly promising storyline. December 13th, 2009, 01:45 PM #87 magictrick Don't get why Joss still works with FOX after everything that's happened. I guess he wants exposure for his shows and in order to mainstream them he needs a big network. Although in this case can't really blame FOX. Dollhouse never seemed to gather as much support as Firefly. Sitting in a corner, waiting for the 3rd SG1 movie Originally Posted by magictrick Well, in Joss' defense, the dweebs that canceled Firefly don't work at Fox anymore, they work at NBC. It's a whole new set of dweebs that have canceled Dollhouse. Originally Posted by Amalthea I think that is really fair. Unlike Firefly Dollhouse was given a chance. You can't blame Fox for all the failures. No you can. The fundamental problem with the broadcast networks is that they want a hit right out the door. If a new show isn't a hit in the first 15 minutes of its first episode, its canceled. Exageration yes, but the point is that networks aren't willing to stick with a show. In its first season, MASH wasn't that well received and finished at 47 overall, yet in its series finale remains the highest rated in history. You also have nearsighted executives who don't consider the big picture. Case in point, NBC canceled Star Trek after three seasons and only later learned that while it never peaked higher then number 52, it consistently won the 16 to 39 demographic. The executives have their own jobs to worry about. It's not like television shows are cheap. We're talking at the very least $2 to $3 million per episode for an one hour primetime show. If you're investing $30+ million, don't you want to see some results as soon as possible? Not to mention the fact that they're not really using their own money, they have investors to worry about too. Don't forget the little problem with the screen actor's guild that almost ended up in a strike and oh yeah, the economic recession. But as MASH demonstrates sometimes it takes time for a series to develop. I would suggest that if you are investing $30 million then that's argument enough to stick with a show to ensure it succeeds. Also, I find it unlikely that a show like Dollhouse is running $2-$3 million per episode. Stark Trek:TNG ran $1M in 1987 dollars which is roughly $1.8 in 2008 dollars. Yes there's not that much difference between $1.8 M and $2M but Dollhouse is not a CGI heavy show plus costs associated with CGI have come down as well. MASH was a half hour sitcom and it was cheap to make, so were other shows of its kind like Friends and Seinfeld. Those shows basically had three or four sets, their props were easily acquired, they certainly didn't have to make any of the props, their sets were pretty easy to build, they rarely shot at different locations, and all the actors did was talk for 95% of the show with some occasional slapstick. They didn't become expensive until their popularity skyrocketed and the actors began demanding ungodly salaries. $2 to $3 million per episode for Dollhouse is a low ball estimate. Also, it's not the CGI that's expensive, CGI is actually a lot cheaper now. However, the cost of practical effects like car crashes, fist fights, gunfire, explosions, etc., haven't changed and Dollhouse use a lot of those. There's also the locations, props, sets, training for actors, insurance, etc. I doubt the actors in MAS*H had to learn martial arts and they probably didn't have to be insured against injuries resulting from stunts like concussions and broken bones. In action heavy shows, insurance can cost up to 5% of the total budget. Also there's this: MGM and Sci Fi loved the spinoff idea but weren't willing to end "SG-1," which was garnering more than 2 million viewers during its Friday-night time slot. Instead, the movie idea was rewritten as the finale of Season 6, and "Stargate Atlantis" launched in 2004 as its own show. In order to keep costs down -- two-thirds of "SG-1's" $2.2 million-per-episode budget is covered by MGM, with the remainder picked up by Sci Fi -- "Atlantis" and "SG-1" share soundstages and production crew. http://www.hollywoodreporter.com/hr/..._id=1003018898 Cable shows are generally a lot cheaper than network shows and SG1's production cost was $2.2 million in 2006 when the article was written. Last edited by Giantevilhead; December 14th, 2009 at 12:48 PM. You're still missing the underlying concept - TV Networks aren't willing to stick by a show and give it a chance to. You're still missing the underlying concept that they can't just blow $60 to $70 million on a project over 3 or 4 years and hope that the viewers will eventually increase to the point where they can make back their investment. It would be like if your boss told you that he's going to cut your salary to almost nothing for the next three years but after that he'll double it for as long as you work for him. That may sound like a good deal but what are you going to do for those three years where your salary is cut? It's not like you can just forget about food, shelter, health care, and family for those three years. Then there's the added problem that network executives aren't just using their own money, they have investors to worry about. The more you borrow, the harder it is to hold off your creditors. Just try going to a bank, borrow $20,000 and when they ask you to pay you back, tell them that you'll pay them back in 3 years with triple the interest but for now you need an additional $20,000 every year until then. See how fast they send the repo squad after you. Everyone knows that the real value of a show is in syndication. The general consensus is that takes a minimum of 60-ish episodes for syndication, ideally 100. At a million an episode you're looking at an investment of $60 million - $100 million for the show to earn back its investment in syndication. Furthermore, the $60M-$70M isn't blown because you have to factor in ad revenue from the advertisers. Yes, ratings directly impact rates for a show, but you will not find a network that gives away 100% of the available time. The network may not make a killing on the show, but they're certainly not loosing their shirts. Last edited by HAL2100; December 14th, 2009 at 07:19 PM. First of all, as mentioned before, an episode costs $2 million at the very least. Also, the number of episodes needed for stripped syndication is 15 weeks without repeats, which is at least 75 episodes. That means the very minimum they need to invest is $150 million, although in reality it'll probably be closer to $200 million. They clearly aren't making the money back from ad revenue nor are they getting much from DVD sales. Dollhouse obviously won't bankrupt Fox. Heck, 20th Century Fox Television earns about $1 billion per year, the company probably won't blink over those losses. However, the executives who made those decisions are going out the door fast. Just because a company is big and can absorb big losses with no trouble doesn't mean it's willing to accept those losses. The thing you have to get straight here is that the Fox company is not some monolithic entity that makes every decision about every show. It's beholden to its investors. The reason why Fox was willing to take risks back when it first came on was because there was a much smaller number of investors who knew that putting money in this brand new network to compete against ABC, CBS, and NBC was a risk. Now that it is one of the big networks, it has a lot more investors, most of whom do not want the company to take too many risks. They are not acceptable of losses and any executive who can't make back their investment is getting the boot unless that executive is extremely trustworthy and has been able to produce hits. Not to mention the fact that getting a show to syndication generally requires some long term planning. Just look at what they're doing with "Til Death," that show's ratings were always low but it was decided pretty early on that they were going to let it run its course so it could get into syndication. lystelle I am so very bummed that Dollhouse got cancelled. I really thought that the show was even better this season, and I loved season 1. But I suppose I shouldn't be surprised...it is Fox. I'm glad that they're still playing out all the episodes, since we'll have to no doubt wait forever before it's released on DVD. Hopefully there will be some excellent special features. Replicator Todd The United States of Evil Joss needs to experiment with cable....or NBC. December 16th, 2009, 10:25 PM #100 Joss needs to get his next show on a premium channel. His fan base is simply not big enough to support a primetime network show. However, those fans are probably dedicated enough to subscribe to HBO or Showtime for a Whedon show. The 2 to 2.5 million fans may not be enough for network TV but 2 to 2.5 million new subscriptions for a premium channel is a lot. Also, premium channels give their shows much more creative freedom and they don't have censors. Quick Navigation Dollhouse Top Sci Fi UK to air new Dollhouse episodes before Fox? By Madwelshboy in forum Dollhouse dollhouse in the uk? By ori soldier in forum Dollhouse The Stages of Dollhouse. By OmegaSama in forum Dollhouse Last Post: July 8th, 2009, 06:57 PM 'Dollhouse' Being Sent To The Attic ? By Daniela in forum Dollhouse Ubisoft cancels 'Heroes' video game By Madwelshboy in forum Heroes Last Post: November 11th, 2008, 02:25 AM	cc/2019-30/en_head_0031.json.gz/line790
__label__cc	0.679819	0.320181	Jennifer Louden's Shero's School for Revolutionaries September 23-28 My friend, Jennifer Louden, is hosting a free, online event this week (September 23-28), The Shero's School for Revolutionaries. Each day she'll be sharing streaming audio and video interviews with women about how to express your gifts in service to the world. Each interview will be streamed for free for 24 hours from their start time. Here's the line up for today, Monday, September 23: 2 PM PT/5 PM ET: Welcome to The Shero's School for Revolutionaries with Jennifer Louden. 2 PM PT/5 PM E: Yes, You are a Shero with Seane Corn 3 PM PT/6 PM ET: Being Led by Love with Julie Daley 4 PM PT/7 PM ET: The Feminine Call to Greatness with Justine Musk 5 PM PT/8 PM ET: Evolving Lives: 4 Sheroic Stories - Jane Goodall, Etty Hillesum, Sister Helen Prejean, Tenzin Palmo with Carol Lee Flinders To sign up, click here. Posted by Britt Bravo at 9:56 AM Why Do I Do Good: The Center and Agape I'm exploring the roots of my desire/need/compulsion to "do good." I don't usually share personal stories here on Have Fun, Do Good, and I'm not sure where this is going, but I'm giving it a whirl. Here's the link to my first post, Why Do You Do Good? In 1975, when I was five, we moved from Vermont to Mystic, CT. The local Catholic Church, St. Patrick's, had been in a fire, so Masses were held in a church-owned building next door, The Center, while the church was being repaired. The main room of The Center was a gymnasium. On one end was a wooden stage with a thick velvet curtain. On the other end was a kitchen where coffee and donuts were served from after Mass. Once the church was repaired, everyone went back to the church with the steeple, except for the people of the 11 o'clock Mass, where many families with young children, like my parents, often went. They preferred sitting in folding chairs arranged in a circle (rather than in rows of pews), fabric banners hanging from the ceiling (rather than a crucifix), and singing modern hymns led by a "folk group" with guitar, bass, clarinet and drums (rather than an organ and dusty hymnals). Mass went for about an hour and the coffee hour lasted for another hour, sometimes longer. Once the folding chairs were cleared, the large space was perfect for the 30+ children to run around in while their parents socialized, or had meetings. Often the meetings were about how to keep the Mass in the Center. Over the next ten years, or so, the people of the 11 o'clock Mass fought to stay in The Center. From a child's eyes, it seemed like they were the most active members of the parish, organizing community events and giving back. Over the years, a variety of priests and the Bishop visited to assess whether, or not the Mass in The Center constituted going to "real church." I remember the passage, For where two or three are gathered together in my name, there am I in the midst of them (Matthew 18:20), being cited often, but it was to no avail. In the late 80's, the people of the 11 o'clock Mass were told to return to the church with the steeple. It was during this time, when I was 15 or 16, that I wrote the Bishop to say that I thought it was wrong that the 11 o'clock Mass couldn't meet in The Center, which is why I wouldn't be getting confirmed along with the other teens in the parish. He wrote back a not very nice letter explaining why I was wrong. I chose not to be confirmed. Some of the members of the 11 o'clock Mass went back into the church building with the steeple, but many of them, including my parents, created their own weekly worship experience in the warehouse of a religious book publisher, a couple, who had been a part of the group at The Center. Each Sunday, they put up their banners and placed their folding chairs in a circle in a drafty room with windows looking out on the Mystic River. One person would lead the service with a reading from the Bible, and a "homily" of sorts, based on the reading. The folk group led everyone in the same songs we'd sung at The Center. On the back wall, a big silver coffee maker brewed coffee during the service, and people brought treats to share during coffee hour while the kids played in the warehouse, and by the water. They called it Agape, which basically means, a selfless love for everyone. It still exists almost 30 years later. Photo: This is a page from a scrapbook about growing up in Mystic that my childhood friend, Jill, made for me when I moved to California. The top photo is of St. Patrick's Church with The Center to the left, partially obscured by a tree. The bottom photo is of the building where Agape was first held. Labels: Why I do good Why Do You Do Good? Listen: The Monks of Weston Priory The next Juicy Blogging E-Course starts September 5th! Play Big. Change the World. Interview with Tara Sophia Mohr "I really believe if women are playing big, we are going to have a more peaceful, more sane, more humane world." ~ Tara Mohr This month's Big Vision Podcast features Tara Sophia Mohr creator of the Playing Big leadership program for women. Tara is a writer, coach and an expert on women's leadership. Her work helps women play bigger in their work and in their lives. With an MBA from Stanford University and an undergraduate degree in English literature from Yale, Tara takes a unique approach that blends inner work with practical skills training, and weaves together both intellectual rigor and intuitive wisdom. She has a deep commitment to amplifying women's voices. her 10 Rules for Brilliant Women have struck a chord with tens of thousands of women around the world. In 2010, Tara was honored as a Girl Champion by the Girl Effect organization, which supports girls' education in the developing world. Tara is a co-creator of two anthologies of contemporary women's writings, The Women's Seder Sourcebook and The Women's Passover Companion. She is also a poet and the author of Your Other Names. She is a regular contributor to The Huffington Post and has been featured on TODAY, BigThink.com, Whole Living, CNN.com, USA Today, International Business Times, Ode Magazine, Forbes, Beliefnet, and numerous other media outlets. You can learn more about Tara and the Playing Big Program at taramohr.com and follow her on Twitter at @tarasophia. You can listen and subscribe to the Big Vision Podcast via iTunes, or on the player below (if you're reading this via email, or rss and can't see the player click here to go to the original post). If you like the show, I'd really appreciate it if you took a moment to rate and review it on iTunes. If you have suggestions for people I should interview, please email me at britt AT brittbravo DOT com. Labels: Big Vision Podcast Jennifer Louden's Shero's School for Revolutionari... Play Big. Change the World. Interview with Tara So...	cc/2019-30/en_head_0031.json.gz/line803
__label__wiki	0.844282	0.844282	Yet if pop is driven largely by business concerns, Perry is like a major financial institution: too big to fail. As such, Prism is about as far from a dark, personal record as could be imagined and instead feels precision-tooled to continue the blockbuster success of Teenage Dream. The all-star line-up of producers is largely carried over from that album, with Dr Luke and Max Martin dominating, while each song typically features a committee of writers. Indeed, if Perry was sincere in seeking to avoid a re-tread of Teenage Dream, she failed spectacularly. While the catchy soft-rock leanings of Roar present a simulacrum of progression, much of the rest of Prism consciously apes the successes of its predecessor. I loved Teenage Dream, to the degree that I actually went to see Part of Me in the cinema (it was a 20 minute dvd extra stretched to feature length). Hopes were high for Prism and in my head I’d already planned a pre-emptively defensive piece on why Perry is a great pop star. Then I actually heard the album and it ruined everything – it’s just not that great and feels driven by marketing concerns more than anything else. Someone has pointed out in the comments that I mistakenly called International Smile, ‘International Lover’…but that’s because the former is so bland that after listening to it about 12 times I think I was subconsciously craving the Princely magic of the latter. Back in the day I loved Britney Spears and now I think she’s one of the worst pop stars in history; I had a similar trajectory with Rihanna; now I’m fearful Perry is heading the same way. I think there’s a lot in there regarding modern pop and commerce, touched on in the review…but that’s for another time. Music, Reviews Britney Spears, Katy Perry, music review, MusicOMH, pop, prince, Prism, review, Rihanna, Roar, writing	cc/2019-30/en_head_0031.json.gz/line806
__label__cc	0.642635	0.357365	The Biden Opportunity: Fulbright or Vandenberg. Partisan or Citizen. Past or Future. Sen. Joe Biden (D-Del.) stands at one of the major crossroads of our time. As the new chairman of the Senate Foreign Relations Committee, Sen. Biden has the power to set the tone for the next two years. He must decide: He can follow the path of Sen. William Fulbright (D-Ark.) who, as chairman of Foreign Relations in the 1960s, focused on the past, opposed the Vietnam War and helped set the stage for an American defeat. Or he can look to the future and develop a bipartisan consensus about what threatens America and what needs to be done about it. Sen. Biden can be a very partisan chairman leading a very partisan series of hearings narrowly focused on Iraq and trying to blame President Bush for the world’s problems. Or he can be a leader who focuses on what threatens America and what we need to do to secure safety in an increasingly dangerous world. Seeking Blame or Seeking Solutions? If Chairman Biden decides to do a Fulbright-like partisan series of narrowly tailored hearings, he will clearly be focused on the past, seeking to assign blame, and pursuing a series of actions which would force the Bush Administration to be on the defensive. This will maximize partisan hostility and minimize the development of effective, creative solutions to our national security challenges. Or he could choose an alternative path. In 1946, Michigan Sen. Arthur Vandenberg was the new Republican chairman of the Senate Foreign Relations Committee. The Republicans had been out of power for 16 years. They thought they could win the Presidency in two years. There was every temptation to be bitterly partisan. On domestic politics they were. Republicans disliked Democrat President Harry Truman and tended to speak of him with contempt. However, Vandenberg had seen the failure of the peace process after World War I. He had seen the power of partisan politics to cripple American standing in the world. He had also seen thousands of young Americans sacrifice their lives in World War II. Biden Has the Same Opportunity Vandenberg Had in 1946 Sen. Vandenberg understood that his duty was to work with President Truman to assess the threats to America and to develop a bipartisan strategy which Americans could support. The result was the policy of containment, which for 44 years (1947 to 1991) protected freedom against the Soviet Union until that empire collapsed and disappeared. Fewer Americans have been more successful or served their country better than the Vandenberg-Truman-Marshall-Eisenhower bipartisanship team. Sen. Biden has the same opportunity today that Sen. Vandenberg had in 1946. A Bipartisan Consensus on Our Enemies and How to Defeat Them Imagine that Sen. Biden broadens the scope of his hearings to include the scale of threats facing America. Imagine that he focuses on asking experts what needs to be done for America to successfully address these threats. Imagine that he consciously seeks to create a bipartisan consensus on American solutions for American national security. The entire tone of the process and the results of the process would move us forward in a decisive way. It would lay the foundation for the next President from either party to be inheriting a bipartisan consensus on how to defend America and defeat her enemies. Sen. Biden has a very great opportunity indeed. But he must choose to take it. Taking an American Approach to National Security Is the Right Thing to Do There is a profound moral reason for Chairman Biden to approach these hearings from a nonpartisan standpoint: National security is about the life and death of Americans and potentially the survival of America itself. The threats are too real, our enemies too dangerous, and the solutions too hard for national security to be dealt with in a narrowly partisan way. If our leaders in Washington stay fixated on partisan in-fighting, Republicans may win or Democrats may win — but either way, America will lose. 1. The Threats Are Too Real. The evidence is overwhelming that North Korea and Iran are trying to get nuclear weapons. The terrorist organizations speak openly on their web sites about their efforts to get biological and nuclear weapons. We are entering an era where we could literally lose an American city or cities in one morning. We are entering a time when millions of American lives could be endangered overnight. This is a time for Americans to have an honest dialogue about the forces and technologies that threaten us, the men who openly say they want to kill us, and what it will take for us to work together on a set of strategies that will make the American people safe. This challenge is so much more important than the normal backbiting, nit picking, petty politics that routinely dominate Washington that it will take a real act of leadership to rise to the challenge. 2. Our Enemies Are Too Dangerous. The painful, difficult reality of the five and a half years since the 9/11 attacks is that our enemies are more determined, more ruthless, more resilient and more resourceful than we had expected. When Kim Jong Il and his North Korean dictatorship ignores the entire world, including his major supplier, China, and fires seven missiles on our Fourth of July and then sets off a nuclear weapon, we are up against people who will not be bluffed. When the Venezuelan dictator has the nerve to viciously attack the American President in a United Nations speech on American soil and then openly give away subsidized heating oil in America to build ties inside the country he is denouncing, we are up against a cleverness we had not anticipated. When the Iranians blatantly admit they have been lying to the International Atomic Energy Agency for 18 years and then go on offense against the powers that seek to limit their nuclear program, they are showing a brazen disregard of the international community that is chilling. In Iraq, our enemies have proven more numerous, more complex, more resourceful and more resilient than we expected. In Afghanistan, the Taliban is making a comeback from its sanctuaries in Northwest Pakistan. At the same time, one-third of the country’s economy is based on illegal drugs. None of these problems is on the verge of being solved and none of them is getting easier or less dangerous. 3. The Solutions Are Too Hard for Business as Usual. Protecting America and helping our allies succeed is going to require a generation of invention, creativity, ingenuity and investment. There is no Republican monopoly on solving these problems. There is no Democratic monopoly on solving these problems. This is not just a matter of policy. Most of the basic instruments of American national security, foreign policy and homeland security simply no longer work. Katrina was the most vivid and painful example of this collapse of effective implementation. But Democrats have been so busy attacking President George W. Bush that they have avoided thinking about how bad the bureaucratic collapse has become. And Republicans have been so busy defending their administration that they have not allowed themselves to confront just how broken the system is. Every Bureaucracy Will Fight Tooth and Nail to Protect Itself From Change Focusing on personality and policy are the easy parts. We need a serious effort to understand what does not work in simple day-to-day effectiveness and what needs to be done to correct it. And don’t kid yourself. This will turn out to be one of the hardest and most bitterly fought parts of rethinking our national security and homeland security situation. But it needn’t be partisan. Every great bureaucracy will fight tooth and nail to protect itself from change. And while individual civil servants are patriots, the historic reality is that without leadership, institutions will energetically resist change at the expense of defeating our enemies. Any partisan effort to transform the entrenched bureaucracies will inevitably fail because the bureaucratic defenders of the status quo and their allied interest groups will act in self-preservation to oppose any real change. A Bipartisan Model for Success Let me suggest a possible model for success. In 1981, I helped found the bipartisan military reform caucus. And in 1986, I helped pass the bipartisan Goldwater-Nichols reform bill that created the concept of joint-war fighting, which people point to now as a major improvement in the system. It could never have been passed as a partisan act by either the Democrats or the Republicans. It had to grow out of a genuine bipartisan spirit of concern about fixing the armed services. Pursuing a path for partisan political gain today will be paid for in lives lost in a preventable calamity tomorrow. Let us hope that today, faced with much bigger problems with profoundly greater threats to our survival, Sen. Biden chooses to launch bipartisan hearings with a future-oriented, solutions-oriented American approach to securing America’s future. P.S. – Thanks once again to everyone who sent in a New Year’s resolution for Washington. Although we couldn’t feature them all in last week’s edition of “Winning the Future,” we got so many great responses we have posted them all on my website. And if you didn’t get a chance to submit your New Year’s resolution for Washington before, you can still do so by visiting Newt.org. Don’t miss this chance to tell Washington what you think should get done in 2007. P.P.S. – And thanks to everyone who contacted me to say that they enjoyed the Fox News special based on my book, Rediscovering God In America. I’m very proud of both the program and the book, and I’m glad so many people enjoyed it. House Democrats and Ethics Reform Major Garrett Assesses Nancy Pelosi’s New House Written By Newt Gingrich Mr. Gingrich is the former speaker of the U.S. House of Representatives and author of To Save America: Stopping Obama's Secular-Socialist Machine, Real Change: From the World That Fails to the World That Works and Winning the Future (published by Regnery, a HUMAN EVENTS sister company).	cc/2019-30/en_head_0031.json.gz/line811
__label__wiki	0.836326	0.836326	Scenes From The March For Life 2011 Karl Selzer Yesterday was the 35th annual March for Life. The march, which first began in 1974, commemorates the Supreme Court decision Roe v. Wade that essentially legalized abortion within the United States. Without going into the details of the history of the march and the struggle to enact pro-life legislation, it remains that a majority of Americans identify themselves as “pro-life” as opposed to “pro-choice”. The hope of every march– and of those in particular who make the trek from the Mall to the steps of the United States Supreme Court– is that the growing tide will mount to strip Roe v. Wade of its destructive influence, and once again restore the primacy of “Respect for all life.” What follows here are some pictures from the March. Some may disagree with the aims of the March, yet it cannot be denied that the vast majority of those participating are young…and that realization is something we can all find hope in. Looking East towards the Capitol building, marchers begin making their way up Consitution Avenue. The head of the March– lead by members of the American Society for the Defense of Tradition, Family, and Property– goes past the East wing of the National Gallery of Art. The March, while being constituted mainly of Americans, also saw the presence of many international groups. Among those there were Germans (the flag of the country can be seen in the middle of the picture above), Slovaks, Italians, English, and Poles. While certainly not overwhelming, the presence of foreigners helped to solidify the idea that fighting for life is not an issue limited to the United States, but is something that reverberates across the whole world. Coming down 4th Street to turn right onto Constitution Avenue squeezed the March into a tight formation between the East and West Galleries of the National Art Museum. The flood of participants continued for hours as they made their way to the Supreme Court. A view west down Constitution Avenue. Marchers could be seen coming like this for hours after the Rally on the Mall– at which Rep. Michele Bachmann (R.-Minn.) was the keynote speaker– concluded, commencing the march itself. As the late afternoon wore on, marchers who stood in front of the Supreme Court could turn around and look at the Capitol building… the sight of all the people there was something most certainly moving. One of the rights that comes from the first right, the right to life, is that of free speech. It was not surprising, therefore, to see a small contingent of pro-choice activists that insisted on being present at the steps of the Supreme Court. If you look closely, you can make out the small “Keep Abortion Legal” sign in the center of the crowd. The final destination of those who took time on Monday to join in the March for Life was the Supreme Court. The hundreds of thousands of people representing a wide variety of faiths, races, nationalities, and politics were united for the single purpose of preserving the dignity of life in all its stages, but especially in its infancy and in its most defenseless beginning. The Bachmann Rebuttal Rahm Is Back On the Ballot Written By Karl Selzer Karl Selzer serves as the Web Editor for Human Events. He holds a bachelor's degree from the School of Philosophy at the Catholic University of America, where he focused in political, moral and legal philosophy. Karl spent time growing up between Vienna, Austria and Washington, D.C. which did much to incline his interests to culture and politics and their intersection. Karl�??s email is KSelzer@EaglePub.com	cc/2019-30/en_head_0031.json.gz/line813
__label__cc	0.691113	0.308887	Doctors aren’t certain what causes it, but the leading theory is that, just like with teen acne, hormones are to blame. “Babies get a surge of Androgen hormones when they’re around a month old, and those hormones can cause enlarged oil glands and, ultimately, acne,” says Dr. Kahn. Oxytocin and Prolactin, which are the hormones that your baby gets from breastfeeding, don’t tend to cause pimples, she adds. If you're willing to invest in some serious skincare to soothe your acne-prone skin woes, Lancer's blemish-control polish is a great addition to your skincare routine. This treatment can be used as an exfoliant in conjunction with the best spot treatment for your acne type to further treat severe acne and improve the overall appearance of blemishes. Popping pimples seems to be the quickest way to make the red spots on our skin disappear. But it can permanently damage your skin! When you squeeze a pimple, you’re actually forcing the oil substance and dead skin cells deeper into the follicle. The extra pressure exerted will make the follicle wall rupture, and spill the infected materials into the innermost part of our skin. This skin damage will lead to the loss of tissue, and finally cause acne scars.[2] Have you tried treating your acne with no luck? You might simply be using the wrong product for the type you have. Whether you have periodic breakouts or more stubborn cystic acne, there's a solution. We asked Dr. Neal Schultz, an NYC dermatologist, to share the best treatments for every type of acne. Read on for his expert product recommendations, along with some editor favorites, that'll give you clear skin in no time. Do a Google search for "how to get rid of acne fast" and you'll see plenty of websites telling you to eat better for clear skin. But are there really foods that cause acne, or is that an old wives' tale? Dermatologist Hilary Baldwin, MD, of the Acne Treatment and Research Centre in Morristown, New Jersey, says the answer isn't really simple at all. "The simple answer is, we don't know. So far studies have suggested that high-glycemic index diets (those with lots of white foods like potatoes, pasta, bread, rice and sweets), as well as diets high in skim-milk dairy products and whey protein supplements might be associated with worsening of existing acne but are less likely to cause acne," Baldwin says. Isotretinoin is an oral retinoid that is very effective for severe nodular acne, and moderate acne that is stubborn to other treatments.[1][20] One to two months use is typically adequate to see improvement. Acne often resolves completely or is much milder after a 4–6 month course of oral isotretinoin.[1] After a single course, about 80% of people report an improvement, with more than 50% reporting complete remission.[20] About 20% of patients require a second course.[20] Concerns have emerged that isotretinoin use is linked with an increased risk of adverse effects, like depression, suicidality, anemia, although there is no clear evidence to support some of these claims.[1][20] Isotretinoin is superior to antibiotics or placebo in reducing acne lesions.[17] The frequency of adverse events was about twice as high with isotretinoin, although these were mostly dryness-related events.[17] No increased risk of suicide or depression was conclusively found.[17] Isotretinoin use in women of childbearing age is regulated due to its known harmful effects in pregnancy.[20] For such a woman to be considered a candidate for isotretinoin, she must have a confirmed negative pregnancy test and use an effective form of birth control.[20] In 2008, the United States started the iPLEDGE program to prevent isotretinoin use during pregnancy.[85] iPledge requires the woman under consideration for isotretinoin therapy to have two negative pregnancy tests and mandates the use of two types of birth control for at least one month before therapy begins and one month after therapy is complete.[85] The effectiveness of the iPledge program has been questioned due to continued instances of contraception nonadherence.[85][86] Dapsone has shown efficacy against inflammatory acne but is generally not a first-line topical antibiotic due to higher cost and lack of clear superiority over other antibiotics.[1][15] It is sometimes a preferred therapy in women or for people with sensitive or darker toned skin.[15] Topical dapsone is not recommended for use with benzoyl peroxide due to yellow-orange skin discoloration with this combination.[10] While minocycline is shown to be an effective acne treatment, it is no longer recommended as a first-line antibiotic due to a lack of evidence that it is better than other treatments, and concerns of safety compared to other tetracyclines.[88] This article was medically reviewed by Hilary Baldwin, MD. Baldwin, medical director of the Acne Treatment Research Center, is a board-certified dermatologist with nearly 25 years of experience. Her area of expertise and interest are acne, rosacea and keloid scars. Baldwin received her BA and MA in biology from Boston University. She became a research assistant at Harvard University before attending Boston University School of Medicine. She then completed a medical internship at Yale New Haven Hospital before becoming a resident and chief resident in dermatology at New York University Medical Center. Pimples are raised red spots with a white center that develop when blocked hair follicles become inflamed or infected with bacteria. Blockages and inflammation that develop deep inside hair follicles produce cystlike lumps beneath the surface of your skin. Other pores in your skin, which are the openings of the sweat glands, aren't usually involved in acne.	cc/2019-30/en_head_0031.json.gz/line816
__label__wiki	0.560553	0.560553	Paper issue October 24, 2018 The Russia That We’ve Invented Ivan Lavrentjev Russia is an unlimited source of inspiration for all kinds of writers who try to make sense of it and publish hundreds of new books every year in nearly all of the languages of the world. Arkady Ostrovsky. Venemaa loomine (English: The Invention of Russia). Translated from English by Krista Eek. Tänapäev, 2017. 391 pp. In 2017, we saw the publishing of Estonian translations of two books by Russian journalists: Arkady Ostrovsky’s The Invention of Russia (translated into Estonian by Krista Eek) and Mikhail Zygar’s All the Kremlin’s Men (translated into Estonian by Ülar Lauk). Arkady Ostrovsky (born 1971) spent ten-odd years as the Russian correspondent of The Financial Times and currently works as the Russia and Eastern Europe editor for The Economist, where he previously ran the Moscow Bureau. Mikhail Zygar (born 1981) worked as a (war) correspondent for Russia’s leading newspaper Kommersant and later as the editor-in-chief of Russia’s independent TV channel, Dozhd. He is currently focusing on developing educational projects on recent history. These books were first published in 2015 in English and Russian, respectively, and were soon translated into many European languages. The books can be read in parallel: the events described are mostly the same, yet each author offers a different focus and explanations of the developments. Both are trying to find an answer to the question of how Russia ended up where it is now. Ostrovsky’s book focuses on intellectuals, journalists, heads of media channels and other cultural figures, who enjoyed a close relationship with power figures and were responsible for shaping the Kremlin’s ideology and its implementation via media at one time or another. Nearly a third of the book takes place in the Soviet Union, where the talented people who caught a sniff of freedom in the 1960s were unable to find personal fulfilment after the failure of the Prague Spring and were forced to focus on research removed from real life or some other replacement activity instead of everyday politics. However, they re-emerge during Perestroika and begin toiling away until the point where the next generation asks them to vacate their fancy offices. The same Turgenevian pattern repeats itself later, with each generation finding it complicated to get along with their predecessors. Ostrovsky’s descriptions and portrayals are accurate and nuanced—the motives, familial experiences and shattered hopes and expectations that shaped the characters’ attitudes are evident from their life stories. The passing of time brings fewer ideological dogmas and more cynicism. With the introduction of the market economy, money begins pouring into the media and television personalities become stars whose symbolic power is equal to that of the men of the Kremlin. Ostrovsky, who holds a degree in theatre studies from the University of Cambridge, skilfully weaves pictures of the theatre life in Moscow from one period or another in order to illustrate the changes in society and metaphorically highlight the theatricality of everyday politics. Gorbachev, Yeltsin and Putin assume a secondary role in his book and interest the author mainly as products of their time and environment. Ostrovsky’s answer to the time-old Russian question “Whose fault is it?” is clear: it was the intellectuals who were too concerned with playing games with one another and the authorities, and failed to notice the moment when the authorities began to play them. Instead of educating the public and including them in state governance, they were treated to banal entertainment via television (page 194). Ostrovsky expounds all of the great debates on values that have taken place in Russia in the last 50 years, even those that were conducted behind closed doors and never made it to the newspapers. According to Ostrovsky, the innovations in linguistic expression that coincided with every mutation of power happened before the actual politics. Since Glasnost, the Russian world view has been shaped by print media and later also television and this is why journalism is to blame for the constant public explosions of xenophobia, bloodlust and the desire to dismiss any kind of change. Ostrovsky, who writes for high-profile foreign newspapers, does not distance himself from the events described and completes the journey shoulder to shoulder with Russia and its people. This is the book’s main virtue: unlike many other authors who have written about Russia, Ostrovsky does not simplify, patronise or become too personal when describing his sources and characters despite the several decades he spent in Moscow. The abundance of quotes that capture the zeitgeist and the text that structurally resembles a play offers readers interested in Russia’s recent history a comprehensive chronology of events as well as pure literary enjoyment. Both Ostrovsky and Zygar are experienced journalists who have kept a close eye on Russia’s internal and external political developments for years, but for the purpose of writing their books, they also conducted a number of interviews with top politicians, journalists and political scientists. In that sense, Ostrovsky’s references are more academic and representative and one might find quite a few ideas for further reading. Mikhail Zygar. Kõik Kremli mehed. (English: All the Kremlin’s Men: Inside the Court of Vladimir Putin). Translated from Russian by Ülar Lauk. Tänapäev, 2017. 432 pp. Mikhail Zygar’s book consists of 19 narrative chapters, each focusing on one person, generally one close to Putin or some other well-known individual who has influenced Russian politics in the past—including opponents of the Kremlin. Each of them, even Putin himself, displays traces of humanity, but the book, which is targeted at foreign audiences, remains rather superficial to readers who are well-informed of what is going on in Russia. Compared to Ostrovsky’s The Invention of Russia, Zygar’s book contains more rumours, myths, anecdotal situations and speculations of how certain conversations may have occurred in the corridors of power. At the same time, the author has an impressive ability to arrange tiny pieces of information into a meaningful whole and tell a non-linear story. According to Zygar, the West has played an important role in the shaping of Putin starting from his days as a KGB officer in Dresden and his desire to feel accepted as a leader, to his belief that everything can be bought and sold, which has become deeply ingrained over the years. Putin allegedly watches Netflix’s House of Cards and assumes that talking about a value-based approach is hypocritical in the context of Western politics (p. 340). Everything can be bought and this is also vividly illustrated by the story about former Chancellor of Germany Gerhard Schröder whom Putin likes to introduce to guests invited to receptions in his wine cellar every now and then (p. 154). Putin as a person does not exist but his traits and attitudes are omnipresent, expressed as a yardstick for the people’s wishes as well as in the behaviour of a court that has been shaped over more than 15 years in power. Similarly, the reader has reason to constantly change their attitude towards this Putin character who evolves along with his country and the rest of the world. Both authors are certain that Russian politics should not be defined as a collection of conspiracy theories because many things have happened under the pressure of circumstance and as a result of urgent decisions without much deliberation. At the same time, the annexation of Crimea, which is generally considered reactive in the West, is the result of lengthy deliberations on the part of Kremlin officials supported by old sentimental (Ostrovsky, pp. 171–172) and geopolitical (Zygar, pp. 344–345) justifications. In 1992, we saw the premiere of the film Russia That We’ve Lost directed by Stanislav Govorukhin. In this film, Govorukhin painted a picture of the ideal Russia before the revolution—this approach was common in the early 1990s when people tried to ignore the Soviet past as if it had never happened (Ostrovsky, p. 155). If we were to continue with this analogy, both books lead to the conclusion that we can say that we have indeed invented the current version of Russia (the Estonian translation of Ostrovsky’s book uses the word “creation” in the title instead of the original “invention”)—as journalists and experts abroad and voters in Russia. We have often created the image of the almighty Putin without his involvement and the current version of him is not likely to be the last, as Zygar warns us (p. 425). Filed under: Paper issueTagged with: Book reviews No. 190/191 • June 2019 No. 189 • May 2019 Special edition • May 2019 No. 188 • April 2019	cc/2019-30/en_head_0031.json.gz/line822
__label__cc	0.654547	0.345453	Carole H 00:00:03 I’m Carole H and I’m a Legal Executive at a firm of solicitors in London. A Legal Executive is the same as a Solicitor, so you’re a qualified lawyer, but you actually work in one area of specialism, whereas a Solicitor trains in all areas, and then specialises at the end of their training contract. I do it right at the beginning. So I feel quite comfortable in – in my area of Law. I specialise in private client law, which is for individuals, so not for big corporate organisations. You can range from doing Trust work, to probate work, making wills for what happens to their Estate after they’ve died, so that sort of thing. 00:00:50 When I was at school I never really knew what I wanted to do. I think when I was around 14, 15, if I had the opportunity to have stayed on at my school to do A-Levels I would have done that, but my school didn’t – didn’t have a Sixth Form, so I couldn’t do that. I wasn’t sure at that time what I wanted to do, but I’d had a very good History teacher who – we used to act out certain events like the election, there was a role-playing kind of lessons, which we enjoyed. And I was always interested in the legal side, but I was thinking of going into banks – banking area. 00:01:35 And I did some work experience actually in a bank, and also in a law firm, and I did enjoy the work I did in the law firm. But I didn’t really want to go to University – or it wasn’t really an option for me at the time. But when I was actually started working, I found there was another way than the conventional going to University and, you know, receiving a training contract. I could do – I could actually do it while working, studying the legal area and becoming a lawyer that way. So, for me, it worked. 00:02:05 The work experience did make me decide to go on to do Legal Secretary’s Certificate was – it’s probably the key point. And then obviously I started working, when I qualified, in the Magistrates’ Court, which was really interesting, as a Court Clerk Assistant. I was interested and quite excited by some of the cases. I must admit there was one individual that come up, and half-way through the case he decided to try to run for it. Jumped over the actual box and tried to run out of court, which I only thought people in films did, I didn’t think anyone in reality would do that. So that was quite an interesting day. He did get out of the room, but he was chased along the corridor. And brought back. 00:02:54 I went to some Agencies when I first come up to London, and there was obviously a few jobs that were around at the time. And I went for a few interviews. And I come to the current firm I’m in and I felt – it felt like I fitted in, I enjoyed it, so – and they offered met the job straightaway and I started. 00:03:20 I think the work I’m doing now is really exciting. It’s more the high profile clients we’re dealing with. You know, people that you would see in the papers every day, so that is an exciting part of the job. Probably in five to ten years’ time, I would hope I’m doing more of the same, building my knowledge, and feel that I can do things more on my own without being – having to go to the Partner and saying – is this right? Feel that – be more confident in my abilities. Carole H is a Legal Executive at Farrer & Co in London. She specialises in private client law and says, "I think the work I'm doing now is really exciting. It's more the high profile clients we're dealing with. You know, people that you would see in the papers every day, so that is an exciting part of the job". More information about Legal professionals n.e.c. Job holders in this unit group perform a variety of other professional legal occupations not elsewhere classified in MINOR GROUP 241: Legal Professionals. Entry to training usually requires a qualifying law degree or postgraduate diploma. Entrants then undertake a further year of academic training and then complete up to four years of assessed supervised experience in legal practice. Entrants may also require up to five years post qualifying experience in legal practice. Co-ordinates the activities of magistrates courts and advises magistrates on law and legal procedure; Provides legal advice to individuals within Citizens Advice, Law Centres and other such establishments; Drafts and negotiates contracts on behalf of employers; Advises employers, local and national government and other organisations on aspects of law and legislative implications of decisions made; Represents public and private organisations in court as necessary. Legal & accounting 21268 Head offices, etc 12515 Financial services 3012 Postal, etc 1636 Computer programming, etc 1211 Head of Legal Department Commercial Property Lawyer Job Listings for Legal professionals n.e.c.: Legal Counsel - Construction Ocado, Hatfield Luton Borough Council, Luton Shoosmiths, Birmingham Commercial Manager – PSP(N) Legal Director Shakespeare Martineau, Nottingham Contracts Formulation Specialist Maxim Recruitment, Birmingham Associate / Solicitor Shakespeare Martineau, Birmingham Procurement & Commercial Manager, Distribution SSE, Reading Colas Rail UK, Bristol Construction Associate Clarion, Leeds	cc/2019-30/en_head_0031.json.gz/line823
__label__cc	0.634254	0.365746	Tag: Chante Moore Recopilacion de buenas canciones de siempre (best songs ever collection) A Bay Bay by Hurricane Chris A Beautiful Morning by Rascals A Big Hunk O’ Love by Elvis Presley A … More 50 Cent, Aaron Neville, AC DC, Al Jarreau, Al Martino, Alice Deejay, Amber, Apollo 100, Ashanti, B.o.B, Bachelors, Backstreet Boys, Bad Meets Evil, Baltimora, Barry McGuire, Bell Biv DeVoe, Belle Stars, Bells, Berlin, Bert Kaempfert & His Orchestra, Bette Midler, Big Brother & the Holding Company, Billy Squier, Billy Swan, Black Rob, Blake Shelton, Blue-Belles, Blues Brothers, Bob Carlisle, Bobby 'boris' Pickett, Bobby Bland, Bobby Darin, Bow Wow, Boy George, Boy Krazy, Brenton Wood, Brothers Johnson, Buddy Jewell, CALVIN HARRIS, Camp Lo, Captain Hollywood Project, CASCADA, Case, Cathy Jean, Cause & Effect, Cee Lo Green, Chante Moore, Charlene, Chely Wright, Chicago, Chris Kenner, Christina Aguilera, Church, Clarence Carter, Clint Black, Commodores, Corrs, Crosby, Curtis Mayfield, Da Brat, Dan Reed Network, Danny O'Keefe, David and Ansil Collins, David Gates, Denise Lopez, Dennis Coffey and the Detroit Guitar Band, Deon Jackson, Derek and the Dominos, Desmond Dekker & the Aces, Dick and DeeDee, Dierks Bentley, Diesel, Dionne Warwick, Donovan, Dr Hook, Dr John, Dramatics, Earth, Edward Bear, Elton John, Ernie (Jim Henson), Ernie Maresca, Estelle, Etta James, Evelyn 'champagne' King, Eye To Eye, Face To Face, Faith Hill, Fiona Apple, First Edition, Fleetwood Mac, Florence + The Machine, Floyd Cramer, Foreigner, Foster The People, Four Jacks and A Jill, Frankie Laine, Frankie Valli, Frente!, Friends of Distinction, Gary Lewis and the Playboys, Gene Redding, Gerry Rafferty, Gina G, Gloria Estefan, Gordon Lightfoot, Gretchen Wilson, Hank Ballard and the Midnighters, Heavy D & The Boyz, Henry Lee Summer, Herb Alpert, Herbie Mann, Hot Chelle Rae, Hotlegs, Hugo Montenegro, Innocents, Irv Gotti Presents The Inc., J. Frank Wilson and the Cavaliers, Jackie Moore, Jacky Noguez and His Musette Orchestra, Jane Child, Janet, Jason Aldean, Jay & the Americans, Jay-Z, Jennifer Warnes, Jermaine Jackson, Jermaine Stewart, Jerry Wallace, Jessica Andrews, Jill Scott, Jim Capaldi, Jim Jones, Jimi Hendrix, Jimmy Buffett, Joan Osborne, Joe Cocker, Joe South, Joey McIntyre, John Fogerty, John Paul Young, Johnny Crawford, Johnny Wakelin and the Kinshasa Band, Jon Secada, Jud Strunk, Judson Spence, Juelz Santana, Kai Winding & Orchestra, Kathy Young, KE$HA, Keith Washington, Kenny Loggins, Kenny Rogers, Kevin Paige, Keyshia Cole, Kid 'N Play, Kingsmen, Kiss, Kix, Kristinia Debarge, KT Tunstall, Kym Sims, La Roux, LADY ANTEBELLUM, Led Zeppelin, Lee Michaels, Lesley Gore, Lifehouse, Lighthouse, Lindsey Buckingham, Lisette Melendez, Little Milton, Lloyd Banks, Lonnie Donegan and His Skiffle Group, Los Lobos, Love and Rockets, Lox, Ludacris, Luke, Luniz, Mack 10, Madonna, Marcie Blane, Marianne Faithfull, Marie Osmond, Martika, Marvelettes, Marvin Gaye, Meco, Melanie, Melissa Manchester, Metallica, MICHAEL BUBLÉ, Mills Brothers, Moody Blues, Morris Albert, Motels, Mungo Jerry, Nas, Nat King Cole, Natalie Merchant, Neil Diamond, Neil Sedaka, Nia Peeples, No Doubt, Offspring, Olivia Newton-John, Partners In Kryme, Patrice Rushen, Peabo Bryson, Peter Wolf, Petula Clark, Pilot, Planet Soul, Presidents Of The United States Of America, Primitive Radio Gods, Prodigy, QB's Finest, R.E.M., R.Kelly, Rascal Flatts, Rascals, Ray Charles, Ray J, Richard Marx, Robbie Dupree, Roberta Flack, Robin Gibb, Rooftop Singers, Roxy Music, Roy Head, Ruff Endz, Sam and Dave, Sam Cooke, Samantha Sang, Sami Jo, Sammy Davis Jr., Sammy Turner, Sandpebbles, Savage, Seether, Shabba Ranks, Shades, Shadows Of Knight, Shawn Mullins, Silkie, Sparkle, Spinners, Stealers Wheel, Steve Azar, Steve Lawrence, Stevie Wonder, Stills and Nash, Supertramp, Supremes, Swing Out Sister, T-Bones, T.I., Teairra Mari, Tears For Fears, Tee Set, Tempos, The, The-Dream, Timbuk 3, Tommy Boyce and Bobby Hart, Toni Basil, Tonic, Total, Tracie Spencer, Tubes, U-Krew, Unk, Van Halen, Vik Venus, Vixen, Waka Flocka Flame, Walker Brothers, Warrant, Wayne Wonder, Wind and Fire, Wreckx-N-Effect	cc/2019-30/en_head_0031.json.gz/line834
__label__cc	0.544384	0.455616	Fight for workers’ rights and strengthen the trade unions By Prof. JOSE MARIA SISON Message to the Mindanao Workers’ Summit Davao City, April 25-26.2013 First of all, I thank the officers of the Nonoy Librado Development Foundation, Inc. for inviting me as the Chairperson of the International League of People’s Struggle (ILPS) to deliver a message of solidarity to the Mindanao Workers’ Summit. We welcome your project, Workers’ Rights are Human Rights: Strengthening Trade Unions to Advance Fundamental Freedoms in Mindanao. We of the ILPS commend the foundation for having successfully engaged in education, research, networking and policy advocacy in order to uphold, protect and promote the rights and welfare of workers. With your achievements, you have done well in drawing inspiration from Nonoy Librado’s legacy of courageous and relentless advocacy of workers’ rights. We express warmest greetings of solidarity to all the participants in the Mindanao Workers’ Summit. We are aware that you come from various companies and workplaces in Mindanao. We wish you the utmost success in sharing your situations and experiences with regard to trade union work and human rights, in learning both positive and negative lessons and in drawing up recommendations and resolutions. We highly appreciate the tasks that you are committed to perform in the summit. We know that the workers of Mindanao are undergoing terrible suffering from both the deterioration of wage and living conditions and the brutal use of armed force by the state and private companies in order to suppress trade unions and violate workers’ rights. All these grave problems put the workers in Mindanao in an ever more vicious circle of exploitation and oppression. The unraveling of the neoliberal economic policy globally and domestically has brought about a protracted and rapidly worsening crisis in Mindanao. This is wreaking havoc on the lives of the broad masses of the people, especially the workers and peasants. The high rate of unemployment, the reduced incomes, the rising costs of basic goods and services, the heavier tax burden, deterioration of social services and the breakdown of electric power facilities are aggravating the conditions of poverty and misery. The US-Aquino regime is a fanatic of neoliberalism and does not care about national independence, human rights and the long-desired goal of national industrialization and genuine land reform. It gives free rein to the superprofit-taking by the US and other foreign corporations and the big comprador-landlords. It allows these malefactors to grab the land and all natural resources in connection with their plantations, mining, logging, bio-fuel production and sheer real estate speculation. The export-oriented plantations and bio-fuel production have taken away huge areas of land from the production of food staples. Logging for export has destroyed the forest cover which used to protect Mindanao from typhoons, flooding and drought. Mining involves the export of mineral ores and runs counter to the national aspiration for industrial development. It also destroys the environment and agriculture, poisoning the rivers, accelerating siltation and causing landslides and floods. The US-Aquino regime collaborates closely with the US and other foreign corporations and the local big compradors and landlords in exploiting the workers and peasants. Oplan Bayanihan gives them all out military, police and paramiltary protection in combination with the private security guards. The regime systematically employs violence and engages in human rights violations in attempts to intimidate workers and prevent them from having real trade unions and asserting their rights. In representation of the people and revolutionary forces, the National Democratic Front of the Philippines has engaged the Philippine reactionary government in peace negotiations in accordance with The Hague Joint Declaration of 1992. It has gone so far as to offer an immediate truce and alliance on the basis of a general declaration of common intent to realize national independence and economic development through national industrialization and genuine land reform. But the US-Aquino regime is obsessed with seeking the capitulation and pacification of the revolutionary movement of the people and with avoiding serious negotiations on social, economic and political reforms. It refuses to address the roots of the armed conflict and lay the basis for a just and lasting peace on the basis of comprehensive agreements on the aforesaid reforms. The regime is a shameless puppet of US imperialism. It has adopted Oplan Bayanihan in accordance with the US Counterinsurgency Guide. It has allowed the US military forces to establish forward stations in Mindanao and elsewhere in the Philippines and to increase interventionist operations under various pretexts. It is already preparing public opinion for the return of US military bases. It collaborates with the US in stirring up troubles in East Asia in order to justify the further entrenchment of US military forces in the Philippines and other countries in East Asia. We hope that our observations can help the summit participants in understanding the socio-economic, political and military context in which the workers of Mindanao are being subjected to the escalation of of exploitation and oppression. You can best discuss in detail the conditions that are adverse to the workers of Mindanao, make the necessary conclusions and define the tasks of fighting for their rights and welfare, strengthening the trade union movement , opposing human rights violations and demanding justice for the victims, be they individuals, organizations and entire communities. Your summit opens the door to more work in arousing, organizing and mobilizing the workers and their supporters in Mindanao. We wish you ever greater victories in this regard. We are confident that your resolute and militant work among the workers will lead to better conditions for them and will contribute to the advance of the peopĺe’s movement for realizing national independence, democracy, social justice and all-round development. ← Free IPA activists arrested for rejecting APEC and trade liberalization agenda! No jobs for profits, real jobs for everyone →	cc/2019-30/en_head_0031.json.gz/line836
__label__wiki	0.789136	0.789136	Jockeys and weight loss: the dark truth about the Sport of Kings The Telegraph 19 October 2017 Away from the adrenaline of racing, there's an alarming history of mental and physical suffering among riders - Digital Vision It is not merely the dust kicked from the clattering hooves into the dry heat of the night’s sky that makes the eyes water. Even in the hedonistic playground of the United Arab Emirates, a first place prize of $10million for the Dubai World Cup is a staggering return; this richest night in horseracing has a combined purse totalling $27.25million. Closer to home, the season’s first two flat racing classics at Newmarket, the 1,000 and 2,000 Guineas, were notable successes for trainer Aidan O’Brien of the Coolmore Estate, owned by JP McManus and John Magnier. A conservative estimate of the pair’s combined wealth being 1.8billion euros. And this weekend, at Ascot, Champions Day – the finale of the flat racing season – will see a record breaking £4.3million on offer. It is no challenge to underline that this is a sport awash with money. Yet while the jockeys who provide such year-round global entertainment have the whip hand in pursuing these glittering rewards, it is only in a literal sense. Away from the adrenaline of racing, there's an alarming history of mental and physical suffering among riders. Kieren Fallon retired from the saddle in 2016 Credit: PA Six-time champion jockey Kieren Fallon retired last year citing depression. The career of the late Walter Swinburn - who rode Shergar to Derby success - was ravaged by alcohol and bulimia. Tragically, he died in December last year – the same month that US jockey Garrett Gomez took an overdose in a casino hotel room in Arizona. Gomez was 44-years old and left four children. It runs on. In his candid autobiography, A Weight Off My Mind, flat race jockey Richard Hughes writes of popping “piss pills” – dangerous and banned diuretics taken in a desperate attempt to make weight that would “suck out every last drop of energy from your body”. Jockeys Graham Lee and Mark Enright have bravely admitted their own fight with depression, the latter reflecting: “The bad days were like having a big concrete block tied around your leg. It was impossible to get the motivation to do anything and I spent 10 days in a mental hospital.” These high profile cases of mental trauma only skim the surface. A recent Oxford University study of 187 riders claimed jockeys have twice the body fat of boxers and underscored how the physical wellbeing – of the humans, at least - is not top of racing’s agenda. “Some jockeys can 'flip' on a piece of chewing gum,” an ex-rider explained to this writer, referencing the self-induced vomiting many turn to in a desperate attempt to make weight. “But you won’t find a jockey riding today who will admit to flipping. It is the last taboo of the racing world.” And it is not just the riders. What of their fellow workers, the stable lads and box drivers, whose dreams of careers in a saddle have dwindled to riding out and sweeping up? “There are not many toilet cisterns in Newmarket that have failed to resemble the sleek slopes of Mont Blanc on a Saturday evening. Charlie is not merely the name of the stable cat,” wrote Chris Humbleby, a racing secretary to local trainer Roger Varian, in a damning portrait of the pervasive drugs culture of the Suffolk market town that is the home of flat racing in the UK. Societal issues, of course, but endemic and magnified in a high pressure, unforgiving industry, and certainly not the image of champagne and silks racing likes to project. Unbolt the stable door on this picture of malnourishment and low bone density, addictions to alcohol and narcotics and tacit approval of extreme weight loss measures, and you witness the underbelly of a sport with deep-rooted psychological issues and a suicide rate up to 30 times the national average. It is a tragedy, yes, but one compounded because racing has the means to address such inconvenient truth. “On my introduction to the jockey world I was astounded,” racecourse doctor Phil Pritchard, says. “I walked into the changing room and the jockeys had no help whatsoever. I came from rugby, an industry of healthy, fit individuals, but nutrition and exercise was non-existent in racing. That was in 1985 and it hasn’t improved.” It is a view shared by George Wilson, a sports physiologist from Liverpool John Moores University, whose research found 15 of 20 jockeys studied were depressed, with two suicidal. “No other sport leads a sportsman to depression more than racing,” Wilson says. “You constantly battle your weight and the destiny of the race is out of your hands. There are top jockeys today who are still making weight the wrong way, starving and sweating and making themselves sick. It’s witnessed every single day in the weighing room. All the welfare is on the horse and very little with the jockeys or the staff.” It was only through Wilson’s sheer bloody-mindedness and the help of a few charitable donors that his research was funded. The official bodies apparently had no will to address the problems, until those problems became just too stark to ignore, such as in 2006. That was the year when three stable staff at Newmarket took their own lives in quick succession. In the four years that followed, five more grooms in the town killed themselves, demanding the sport wake to its demons. Joe Carter, an addiction and recovery advisor, was brought in by the charity Racing Welfare to address the situation. To do so, he set about learning what gave those in the industry purpose. Carter discovered that it was not money, nor the pursuit of glory that motivates these men to lead such extreme lives (as Pritchard points out, "a jockey can never win a race: the horse does that. But the jockey can sure as hell lose it.”) What drives and unites these people is very simple: their love of horses. Equine therapy is not new. It has been used with disabled and mentally handicapped children for years, often with impressive results. But Carter took things further, tailoring the therapy to racing's needs. In 2014, he secured funding for Thoroughpeutics, a bespoke equine therapy project, and Chester University agreed to independently review the results after six months. The researchers found that Thoroughpeutics was integral to saving lives. “Suicide had become the only answer I had, the only solution,” says Jamie, a 40-year-old who had worked in racing for 29 years. “Thoroughpeutics was the turning point.” Carter did not come from racing stock; his background was in transport design, though he'd turned his attention to addiction when tackling his own issues with the illness. Over time, he channelled his empathic personality into becoming an integrative counsellor who specialises in substance abuse – but he still needed a foil for Thoroughpeutics to access the hurting heart of racing. That foil came in the form of Michael Peace, one of the country’s premier horsemen, renowned for taming difficult horses. “Thoroughpeutics was developed for anyone in racing,” Peace says. “Assistant trainers, farriers, head lads, across the board. It was a mix.” The programme, in a nutshell, was to welcome individuals suffering mental challenges in the racing industry and introduce them to retired racehorses in a controlled environment. Peace and Carter would then guide the development of a fledgling relationship and, in turn, help those struggling to see that destructive actions have a root cause; but critically one that can also be addressed. “Joe will not judge a person with addiction,” Peace says, explaining the ethos. “He has complete empathy as to their history. When I work with a horse that looks a nightmare, I see that tiny glimmer of softness below the surface that I can appeal to and expand upon. Joe does that with humans, so there are lots of parallels between what we do.” Each session at Thoroughpeutics lasted an hour and began with the individual picking a horse from the stable yard to work with. “We’d walk around the school and I’d first ask where the balance of power lay between the horse and handler,” Peace explains. “Asking them to verbalise it led me to explain that any relationship has to be balanced. Horses are herd animals and understand the idea of cooperation. If somebody is pushing down on them, they’ll kick back, and if someone is feeling a bit low, they’ll pick them up. “If I’m schooling a young horse, it’s perfectly reasonable to direct what that horse does, but it’s also my responsibility to only ask the horse to do what he’s capable of so he doesn’t become frightened. It might be the horse doesn’t understand the balance either. It may have spent its whole life on the end of harsh reprimands and think: ‘That’s just life. Next opportunity, I just need to knock this person over.’ Some might choose a timid horse and some a bold horse. The question is why. Then we have a conversation starter.” The funding came through the Racing Foundation, which has tens of millions of pounds held in trust for charitable causes that benefit racing. It made an immediate, positive impact; the independent review led by Dr Stuart McNab at Chester University concluded: “The results from this evaluation provide strong evidence to support the programme’s efficacy and its benefit to people working within the racing industry. It is recommended that the programme builds upon, develops and extends the approach with regard to the specific areas of mental health for which Racing Welfare provides support.” No other sport leads a sportsman to depression more than racing George Wilson The most compelling evidence, though, came from those that took part. “It was the chance to really stop and listen. To horses. To myself,” says Rob, a 50-year-old who has been in the sport for 36 years. “Thoroughpeutics has re-sparked my passion and ability to work and has been part of celebrating a year of total abstinence from all substances.” And then it was over. In autumn 2015, the programme was curtailed and Carter was made redundant. “To pull the plug on it altogether was a shock, it was going phenomenally well,” Peace says. “With his experience of helping those with addiction, people in the town absolutely loved Joe and when the report came back from Chester University, I thought it was obvious to continue. “Yet from a PR point of view racing is in a bit of a crisis. It’s not attracting young people like it used to and they don’t want negative press. We were being a bit too open about what is going on – and I don’t think they are ready to hear it. The Sport of Kings didn’t want its dirty little secret revealed.” Racing Welfare says the service could not have continued at the racing school in Newmarket, but it has taken lessons to develop other support services. “It wasn’t totally disbanded,” Simone Sear, the charity’s head of welfare, says. “The pilot gave us evidence that equine-assisted therapy would be beneficial for racing people and we identified a couple more potential pilots, one of which was Horseback UK in Aberdeen, who have worked with the military and injured servicemen.” Three years on from Thoroughpeutics being closed, the first group of individuals have now been sent from Racing Welfare to Horseback UK. “We have just commissioned a mental health study with Liverpool John Moores University that will take place over the next year,” Sear continues. “It will help supply the industry with evidence and data because quite frankly we don’t have it and I think a lot of assumptions get made. People have taken their lives, but people have taken their lives from all industries and it’s very sad when that happens.” Racing Welfare provides face-to-face counselling, telephone counselling, and an online Cognitive Behavioural Therapy programme. As well as its headquarters in Newmarket, it employs regional staff and works closely with Oaksey House in Berkshire and Jack Berry House in Yorkshire, two rehabilitation centres funded by the Injured Jockeys Foundation. It will be the same arrangement when the Peter O’Sullevan House opens in Newmarket in 2018. If it sounds as if the sport is taking its issues seriously at last, the daily pressures to make weight at all costs is culturally ingrained. Pritchard believes around half of jockeys have ‘flipped’ during their careers, an act that can result in dizziness from the low blood pressure that's brought on by dehydration, increasing the risk of a potentially serious fall. The low bone density that is linked to poor nutrition can then increase the chances of fractures. “Thirty years ago, at least you had a trainer as a mentor,” Pritchard says. “Nowadays it’s out of the window. Instead, ‘coaches’ tend to be jockeys who have done the wrongs things in the past and are not best placed to advise a young kid. It’s difficult to find well-educated, proper professional athletes in the jockey world. When a champion jockey lives on crisps and mayonnaise and high energy drinks, and bingeing and flipping is handed down, the apprentices will follow.” “A lot of young lads copy what others do at the races,” jockey George Baker agrees. “A few years ago at York races a young lad was in the toilet trying to make himself sick. He hadn’t eaten anything, so I asked: ‘What are you trying to bring up?’ He’d seen others doing it at the races and was trying to copy, thinking it was an easy fix.” A proposal to ban saunas at racecourses – known to dehydrate performers to the point of fainting during a race – was rejected by riders fearful of not being able to shed the necessary pounds. The British Horseracing Authority’s chief medical advisor Dr Jerry Hill admits it could take a generation to have them removed. “Racing is full of smoke and mirrors and excuses,” says George Wilson from Liverpool John Moores. “People are doing the same thing to make weight, with the same excuses as they were 200 years ago. The riding weights haven’t changed that much, but jockeys are a lot bigger. "The whole of racing needs to look after the athletes. The people who run the industry need to have concerns for their welfare and wellbeing. It doesn’t need evolution, but revolution.” *Names have been changed Of Legends and Icons: Netizens React to Wimbledon 2019 Final ICC World Cup XI: Champions who lit up the marquee tournament Selectors To Pick Squad For West Indies Tour On July 19, No Clarity On Dhoni's Future Yet Business Television India WWE Extreme Rules Results: Brock Lesnar cashes in MITB contract; The Undertaker, Roman Reigns stand tall	cc/2019-30/en_head_0031.json.gz/line837
__label__wiki	0.924416	0.924416	March 14, 2019 / 10:46 AM / 4 months ago New premier urges Algerians to accept dialogue Lamine Chikhi March 14 (Reuters) - Algeria’s new prime minister said on Thursday he would form a temporary government of technocrats and others to work towards political change in response to weeks of street protests, and he urged the opposition to join in a dialogue. Noureddine Bedoui laid out his plans at a news conference in Algiers three days after ailing President Abelaziz Bouteflika announced his decision not to run for a fifth term that would have extended his 20 years in power. Bouteflika’s offer came after tens of thousands of Algerians staged demonstrations demanding an overhaul of a stagnant political system dominated by veterans of the 1954-62 war of independence. However, he stopped short of stepping down and many activists fear his move may be a ruse. Bedoui, who replaced Ahmed Ouyahia on Monday, said the new government would be formed early next week and would rule for “a short period of time”. It would be technocratic but also include young Algerians involved in the protest movement, including women, he said. An independent commission will oversee the next presidential election, he said. The prime minister urged the opposition to accept dialogue. But lawyers and activists who protesters have chosen to lead the drive for reforms are in no mood to compromise and have said they will not negotiate, at least for now. The government on Wednesday declared itself ready for talks, saying it sought a ruling system based on “the will of the people” after opposition groups rejected proposed reforms as inadequate. Bouteflika, who has not been seen in public since suffering a stroke in 2013, promised on Monday to work for a new era that would cater to all Algerians. But the initiative by the veteran revolutionary, who also delayed elections set for April and said a conference would be held to discuss political change, has failed to satisfy many Algerians who want power to move to a younger generation with fresh ideas. Tens of thousands of people from all social classes have demonstrated over the last three weeks against corruption, unemployment and the ruling class. The protests have shaken up a long moribund political scene marked by decades of social and economic malaise and behind-the-scenes power-broking by an influential military establishment. Young Algerians have no bond with the independence war except through their grandparents. Their priorities are to find jobs and better services that the North African country is failing to provide despite its oil and gas wealth. (Reporting by Algiers bureau, Editing by Angus MacSwan)	cc/2019-30/en_head_0031.json.gz/line838
__label__cc	0.605614	0.394386	Supreme Court Affirms Creditor-Friendly Nature of Insolvency Law By Umakanth Varottil The Supreme Court yesterday delivered its first substantive ruling under the Insolvency and Bankruptcy Code, 2016 (the “Code”) in Innoventive Industries Limited v. ICICI Bank. Incidentally, this relates to the first corporate insolvency case to be admitted by the National Company Law Tribunal (“NCLT”) after the Code came into effect in December 2016. The Supreme Court rejected a vociferous challenge to the insolvency proceedings mounted by the corporate debtor, Innoventive, and ruled in favour of the financial creditor, ICICI Bank. In doing so, the Court reemphasized the creditor-friendly nature of the Code. After Innoventive went into financial difficulties, it agreed upon a corporate debt restructuring plan with its creditors. Under a master restructuring agreement dated 9 September 2014 (the “MRA”) entered into between Innoventive and its creditors, there were two-way terms by which not only was Innoventive required to meet some obligations, but the creditors were to infuse certain funds to enable Innoventive to stay afloat financially. On 7 December 2016, ICICI Bank initiated the corporate insolvency resolution process (the “CIRP”) under the Code in respect of Innoventive. The corporate debtor took refuge under the provisions of the Maharashtra Relief Undertakings (Special Provisions) Act, 1958 (the “Maharashtra Act”) under which Innoventive’s liabilities were suspended by way of a moratorium. However, during a subsequent hearing, Innoventive raised another issue that its inability to pay its debt was due to the failure of creditors to make good their financial commitments under the MRA. This objection was not raised during the first hearing. The NCLT admitted ICICI Bank’s application initiating the CIRP by holding that the Code would prevail of the Maharashtra Act in view of the non-obstante clause under section 238 of the Code. The NCLT also declared a moratorium as required by the Code. On appeal, although the National Company Law Appellate Tribunal (“NCLAT”) did not disturb the conclusion of the NCLT, on the point of law it did not find any repugnancy between the Code and the Maharashtra Act. It is against the order of the NCLAT that Innoventive appealed to the Supreme Court. Issues and Ruling The most significant issue before the Supreme Court relates to the possible conflict between the Code and the Maharashtra Act. Innoventive argued that given the moratorium already in place under the Maharashtra Act, there was no debt payable by Innoventive, and hence the provisions of the Code could not have been invoked. In addressing this conflict, a large part of the Supreme Court’s attention was focused on the constitutional question of which law would prevail, i.e., the Code or the Maharashtra Act. After analyzing a great deal of the case law under article 254 of the Constitution and on the principles of repugnancy, the Supreme Court found that while the Maharashtra Act derives its source from Entry 23, List II (State List) in the Seventh Schedule to the Constitution,[1] the Code is attributable to Entry 9, List III (Concurrent List).[2] The Court enumerated the legal position as follows: 55. It is clear, therefore, that the earlier State law is repugnant to the later Parliamentary enactment as under the said State law, the State Government may take over the management of the relief undertaking, after which a temporary moratorium in much the same manner as that contained in Sections 13 and 14 of the Code takes place under Section 4 of the Maharashtra Act. There is no doubt that by giving effect to the State law, the aforesaid plan or scheme which may be adopted under the Parliamentary statute will directly be hindered and/or obstructed to that extent in that the management of the relief undertaking, which, if taken over by the State Government, would directly impede or come in the way of the taking over of the management of the corporate body by the interim resolution professional. Also, the moratorium imposed under Section 4 of the Maharashtra Act would directly clash with the moratorium to be issued under Sections 13 and 14 of the Code. It will be noticed that whereas the moratorium imposed under the Maharashtra Act is discretionary and may relate to one or more of the matters contained in Section 4(1), the moratorium imposed under the Code relates to all matters listed in Section 14 and follows as a matter of course. In the present case it is clear, therefore, that unless the Maharashtra Act is out of the way, the Parliamentary enactment will be hindered and obstructed in such a manner that it will not be possible to go ahead with the insolvency resolution process outlined in the Code. Further, the non-obstante clause contained in Section 4 of the Maharashtra Act cannot possibly be held to apply to the Central enactment, inasmuch as a matter of constitutional law, the later Central enactment being repugnant to the earlier State enactment by virtue of Article 254 (1), would operate to render the Maharashtra Act void vis-à-vis action taken under the later Central enactment. Also, Section 238 of the Code reads as under: “Sec. 238. Provisions of this Code to override other laws.- The provisions of this Code shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law.” It is clear that the later non-obstante clause of the Parliamentary enactment will also prevail over the limited non-obstante clause contained in Section 4 of the Maharashtra Act. For these reasons, we are of the view that the Maharashtra Act cannot stand in the way of the corporate insolvency resolution process under the Code. While the aforesaid constitutional question formed the substantial part of the Supreme Court’s analysis, there were two other incidental questions of relevance. The first was whether Innoventive’s payment obligations to financial creditors was contingent upon the infusion of funds by creditors under the MRA. The Supreme Court answered in the negative, for procedural as well as substantive reasons. On the procedural count, it was found that Innoventive raised the argument as an afterthought at the second hearing and beyond the prescribed 14-day period. Substantively, upon an analysis of the MRA, the Court found that the payment obligations of Innoventive were unconditional and not subject to infusion of funds by creditors. Hence, it was not open to Innoventive to rely on the lack of creditor funding under the MRA to stall the CIRP under the Code. The second incidental question (albeit an important one from a corporate insolvency perspective) pertained to who can challenge the CIRP. In the present case, it was the company, Innoventive, which had mounted a challenge to the process and preferred the appeals. However, once the insolvency proceeding was admitted by the NCLT and moratorium declared, the directors of the company are no longer in management. Hence, it is likely that the directors would have to file objections in their individual capacity as interested persons rather than as directors of the company. Although the Supreme Court indicated its views, it did not decide the question. It noted: According to us, once an insolvency professional is appointed to manage the company, the erstwhile directors who are no longer in management, obviously cannot maintain an appeal on behalf of the company. In the present case, the company is the sole appellant. This being the case, the present appeal is obviously not maintainable. However, we are not inclined to dismiss the appeal on this score alone. Having heard both the learned counsel at some length, and because this is the very first application that has been moved under the Code, we thought it necessary to deliver a detailed judgment so that all Courts and Tribunals may take notice of a paradigm shift in the law. Entrenched managements are no longer allowed to continue in management if they cannot pay their debts. In providing the aforesaid ruling, the Supreme Court has sought to elaborate on the background and policy behind the Code, including by examining the report of the Bankruptcy Law Reform Committee. The slant of the Court ruling clearly demonstrates the need for a stringent corporate insolvency framework in India, which was answered by the enactment of the Code. This demonstrates a paradigm shift from the erstwhile insolvency framework which followed a “debtor-in-possession” approach to one that is more creditor-friendly. This is particularly so because the management of the debtor company loses control upon admission of an insolvency petition, thereby giving considerable authority to the interim (and subsequently the final) resolution professional. Some have argued that such a creditor-controlled approach is suitable for jurisdictions that are replete with companies with controlling shareholders (or promoters). Such an approach will likely address any moral hazard problems due to excessive risk-taking by the promoters. The Supreme Court’s affirmation of the creditor-orientation of the Code will arguably strengthen the hands of creditors, whether financial or operational, and incentivize them to take more companies into the insolvency process. At the same time, the question remains whether the pendulum has swung too far in favour of the creditors. As for the two supplemental issues considered by the Supreme Court, there are two lessons from its ruling. First, the Court has reemphasized that time is of the essence in the CIRP. The corporate debtor must file any objections or challenges within the stipulated time-period, or they will forfeit their opportunity to rely upon them. Second, if challenges are to be mounted from the corporate debtor’s side, especially in promoter-driven companies, they must be brought by the former directors or promoters in their individual name. It is logically inappropriate for the company to be an objector, when it is not only the subject-matter of the insolvency proceedings, but upon admission of the insolvency petition its management is vested in the interim resolution professional. Given the spate of insolvency proceedings that have arisen in the last few months, it is reasonable to assume that the Supreme Court will be called upon to answer more questions relating to the Code in the ensuing period. [1] Entry 23, List II: “Social security and social insurance; employment and unemployment.” [2] Entry 9, List III: “Bankruptcy and insolvency”. Constitution of India Insolvency Umakanth Varottil Umakanth Varottil is an Associate Professor at the Faculty of Law, National University of Singapore. He specializes in corporate law and governance, mergers and acquisitions and cross-border investments. Prior to his foray into academia, Umakanth was a partner at a pre-eminent law firm in India. The (Negligible) Role of Shareholders in Corporate Insolvency - IndiaCorpLaw says: […] stipulated in the IBC. This is a reaffirmation of the creditor-friendly nature of the IBC, as separately enunciated by the Supreme Court as well. This is justifiable from a conceptual standpoint in that once the […] Position of Accredited Investors in India within SEBI’s Framework Anti-trust and E-commerce: Impact of the 2018 FDI Policy Review Reassessment Proceedings under the Income Tax Act: Assessing Officer’s “Reason to Believe” Insider Trading: Will the Informant Mechanism be Effective? 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__label__wiki	0.856681	0.856681	Labour’s energy plan ‘last thing’ National Grid needs Trump tweet row: Don’t take the bait, congresswomen say Trump steps up attack on ‘US-hating’ congresswomen PM candidates condemn Trump’s ‘go back’ remark to congresswomen The Labour Party’s plans to nationalise the country’s energy networks would hinder the shift to green energy, National Grid has said. The firm is the UK’s largest transmitter of electricity and gas via its network of pylons and pipelines. Labour said its pledge to return it to public ownership would “usher in a Green Industrial Revolution” and tackle climate change. National Grid said the proposal was the “last thing” that was needed. The Labour proposals are contained in a document entitled Bringing Energy Home, due to be presented on Thursday by leader Jeremy Corbyn and Rebecca Long Bailey, shadow energy secretary. “In public hands, we can begin to address what is referred to as a ‘trilemma’ – providing energy that is low carbon, that is affordable, and that is secure,” the report said. “Energy networks that are owned by the public and responsive to the public interest will be able to prioritise tackling climate change, fuel poverty and security of supply over profit extraction, while working with energy unions to support energy workers through the transition.” However, after the report was leaked, National Grid said: “These proposals for state ownership of the energy networks would only serve to delay the huge amount of progress and investment that is already helping to make this country a leader in the move to green energy. “At a time when there is increased urgency to meet the challenges of climate change, the last thing that is needed is the enormous distraction, cost and complexity contained in these plans.” ‘Different approach’ Labour said it had committed to generating at least 60% of the UK’s electricity and heat from renewable and low-carbon sources by 2030. It would take the four licensed and regulated electricity and gas transmission companies, including National Grid Electricity and National Grid Gas, back into public ownership and “replace existing private monopolies with publicly owned and locally run institutions”. Image copyright SSE This is not the first time National Grid has hit out at Labour plans to nationalise the energy network. In 2017 the party’s manifesto committed it to “take energy back into public ownership to deliver renewable energy, affordability for consumers, and democratic control”, prompting the company’s boss to tell the Guardian newspaper: “Clearly we do not think it is a good idea.” The Conservative’s vice chairman for policy, Chris Philp, said Labour’s “ideological plan for the state to seize these companies would cost an eye-watering £100bn and saddle taxpayers with their debts”. “It would leave politicians in Westminster in charge of keeping the lights on and leave customers with nowhere else to turn. “With no credible plan for how Labour would pay for this, more borrowing and tax hikes would be inevitable. “Through measures like our energy price cap, the Conservative government will continue to protect people from unfair bill rises while increasing renewable electricity to a record high.”	cc/2019-30/en_head_0031.json.gz/line840
__label__wiki	0.64512	0.64512	Late Penticton philanthropist to receive Order of British Columbia - InfoNews for Vernon, Salmon Arm, Revelstoke and Areas Infotel News Vernon Late Penticton philanthropist to receive Order of British Columbia The late Penticton businessman and philanthropist David E. Kampe has been named a recipient of the Order of British Columbia. Image Credit: SUBMITTED PENTICTON - A well known Penticton businessman and philanthropist will be posthumously invested into the Order of British Columbia today. David E Kampe, who died May 8, is one of 15 people receiving B.C.'s highest honour at 11 a.m. today, June 28, in a ceremony at Government House in Victoria. Kampe founded Peters Brothers Construction in 1981 in Penticton. He is well known for his charitable efforts in the city, most notably for his numerous financial contributions to the city’s new hospital care tower, which was named in his honour. “As Chancellor of the Order of British Columbia, it is my great honour to congratulate the exceptional individuals being invested into the order,” Lieutenant Governor of B.C. Janet Austin said in a press release. “May your achievements inspire future generations of British Columbians to follow in your footsteps and create a better B.C. for us all,” B.C. Premier John Horgan said. The ceremony will be streamed online here. Tags: David E. KampeOrder of British ColumbiaPenticton newsPNJUN2019Steve Arstad Popular vernon News Delays likely if North Okanagan goes ahead with plastic bag ban NORTH OKANAGAN - A proposed single-use plastic bag ban put forward by the Regional District of North Okanagan will l	cc/2019-30/en_head_0031.json.gz/line841
__label__cc	0.708354	0.291646	Clinical and Experimental Immunology. 137(2):272–278, AUG 2004 Anti-inflammatory effect of Viscum album agglutinin-I (VAA-I): induction of apoptosis in activated neutrophils and inhibition of lipopolysaccharide-induced neutrophilic inflammation in vivo V. LAVASTRE;H. CAVALLI;C. RATTHE;D. GIRARD; INRS-Institut Armand-Frappier, Université du Québec, PQ, Canada SUMMARYViscum album agglutinin-I (VAA-I) is a plant lectin which possesses antitumoral properties. This lectin is also known for its immunostimulatory effects when used at low concentrations (1–100 ng/ml). We have demonstrated recently that VAA-I is a potent inducer of human neutrophil apoptosis in vitro when used at higher concentrations. The role of VAA-I on activated neutrophils has not so far been investigated and its potential proinflammatory properties in vivo are poorly documented. Herein, we demonstrated that VAA-I (1000 ng/ml) induces apoptosis in lipopolysaccharide (LPS)-treated human neutrophils in vitro as well as in murine neutrophils isolated from lipopolysaccharide (LPS)-induced neutrophil influx. Using this model, we found that administration of VAA-I (100 or 1000 ng/ml) did not induce an inflammatory response. However, when used at 1 or 10 ng/ml, VAA-I was found to significantly induce a transitory inflammatory response, based on an increased leucocyte infiltration (>98% neutrophils). Also, we found that VAA-I inhibits LPS-induced neutrophil influx when administered simultaneously with LPS. In such conditions, some characteristic apoptotic neutrophils were observed in the pouch. Unlike LPS, which increased the production of some cytokines, VAA-I (1 or 10 ng/ml) did not increase the production of tumour necrosis factor (TNF)-α, interleukin (IL)-1Ra, IL-1α, IL-β, IL-8, IL-10 or IL-12 (p70) in human neutrophils. We conclude that VAA-I possesses the ability to induce apoptosis of preactivated neutrophils at a concentration that does not induce a proinflammatory response. Moreover, we conclude that VAA-I can inhibit a LPS-induced proinflammatory response in vivo. These data may provide new clinical perspectives in future mistletoe therapy and favour its potential utilization based on anti-inflammatory activity that at first appears contradictory with its use as immunostimulant.	cc/2019-30/en_head_0031.json.gz/line842
__label__wiki	0.676665	0.676665	Home Lifestyle THE PSYCHOLOGY OF POPULARITY THE PSYCHOLOGY OF POPULARITY To see the world in a grain of sand And heaven in a wild flower To hold infinity in the palm of your hands These four lines describe, with great simplicity, one of the highlights of human ability- the power of imagination. The mind’s unlimited capacity to imagine, has given to itself the wonders of human society. Be it religion or art, the conception has been derived from the infinite effort to imagine- a god in flesh and blood or a lifetime in 3 hours. This is primarily the reason why films, as a medium of expression, have become increasingly popular over the decades. The advantage of films over other mediums, is that it, not only engages more sensory points, but it requires a rush of intellectual and psychological activities that embraces the person in a blanket of momentary false consciousness, allowing him to experience a narrative spanning over years, sometimes centuries in a fixed span of time. All forms of art have a narrative, but the forced experiential aspect is the strongest in films, though some would say books. The very fact that the audience is compelled to think, imagine and experience along with the characters, is what contributes to the popularity of the medium. The effect is enhanced by the delusional ambience created in a film theatre. An audience experiences the journey singularly, in a state of ignorance. The temporary flight from reality and conscious company, results in the loosening of inhibitions and the active part taking in the process. Once this happens, the audience becomes a part of the whole experience, leading to a conscious or unconscious projection of emotions. The popularity of a film is decided at this point. An uncomfortable or unsuccessful transference of thoughts may result in the rejection of the script. The relation may often be apparent, for instance in Dilwale Dulhaniya le Jayenge, where every rosy eyed romantic is swayed, or latent and not obvious, as in the world wide popularity of a region and situation specific film like No Man’s Land. From Pather Panchali to Lawrence of Arabia, what the films have achieved is a connection with the audience that is based on a sub conscious acting out of the script by every member of the audience. Only when they act out the narrative, do they reach a need for a resolution of the conflict, and the achievement of a resolution creates the emotional impact. The audience is coerced sublimely to act out according to the narrative by playing on their hero complex. The complex is filled with repressed thoughts that are then projected on to the on screen hero. The audience may project other repressed feelings o to other characters like the villain or the mother and so on. Gradually the narrative on screen becomes intertwined with the audience’s own narrative with an immediate identification with the struggles and victories, difficulties and journeys of the characters. For example in Pather Panchali, one can identify simultaneously with Apu and his imaginary playmates, the father and his complexes, the mother and her helplessness, and Durga in her pubertal rebellion. This explosion of imaginary capability is directly derived from our own experiences. Apu defines childish innocence, everything that we wish to preserve in midst of chaotic wisdom, Durga is innocent rebellion with a very subtle streak of spirituality- an inherent but mostly reserved parts of our self. The manifestation of these repressed and almost forgotten parts of the self on screen, establishes ground for an expansion of the self and the acceptance of the idea. A blockbuster is defined as something, such as a film or book that sustains widespread popularity and achieves enormous sales. The projective process is facilitated even more because of certain elements that concur with reality and enhance the scope for projective identification. For instance patriarchy is a very deep rooted and embedded in our thinking. If the on screen reality strongly contradicts these ideological aspects, identification becomes difficult. This does not mean that an obviously woman oriented movie always fails, rather that, an empirical evaluation of a list of blockbusters clearly shows a preference for patriarchal edges. There has been a Mother India or more recently The Hours, but both these movies are intrinsically from a man’s point of view. The emphasis here is not on the gender bias, but the influence this has on the psyche of the audience. THE HERO, THE SHADOW AND THE AUDIENCE Jungian scholars would emphasize that man is constantly living in one archetypal manifestation or the other. One very prominent of these is the hero archetype. The conflict between the hero and the shadow archetypes represents majority of the storylines of the blockbusters. What is important to note here is that the shadow can often be within the hero (as when fighting ones own shadows) rather than it being an outside object or person. The identification with the hero derives from here. The shadow is e depository of all negative feelings, destructive desires and repressed wishes. When confronted with on screen, the “evilness” of the shadow comes into consciousness and becomes the thread of identification. The shadow can thus be the evil villain, or the hopelessness of poverty or simply the unfairness of the ruthless world. The hero comes alive, here, to protect the ego from destruction under the threat from the shadow. At this point, the audience is reminded of the past struggles fought successfully, or lost. In both extremities, there is an immediate identification with the hero because his struggles become real- even if it is against imaginary aliens. Aliens or elders, mother in law or the government- they all become representations of the shadow archetype. Identifying with the hero, might also work as a defense mechanism. Since the shadow remains in all of us, a conscious rejection of the shadow and identification with the hero only saves the ego from realization of the dismal truth and consequent disintegration. In the biggest Hollywood blockbuster- titanic, the shadow is not another person or object, it is the situation, often referred to as fate, the way of the world and so on. The existence of these dark forces is experienced by almost everyone. The overwhelming contradiction that the farness of the reality and the closeness of the situation creates, leads to an explosion of emotional projection. If we go by the highest grossing Hollywood movies of all time lists, it is interesting to see that many of them are fictional, mythical or extraordinary tales of man’s struggle with the most destructive of forces. However, it is not far fetched to say that most of the audience would not have experienced a shark attack or an alien invasion, or fights with dead pirates, in reality. This is where imagination and creative forces mingle with the outpour of repressed thought. There is projection, not only onto the hero but also the shadow. The shark and the evil lord of magic, no matter how unreal and irrational, come to symbolize repressed unwanted desires. From a Jungian spiritual perspective, these could include the seven cardinal sins for instance. This internal struggle awakens another aspect of the audience’s mind and personality- the hero complex. We all want to be comic book heroes, who can do no wrong and who can never be defeated. This is also Jung’s hero archetype. The complex arises from the non realization of heroic tendencies and the subsequent anxiety. However, in front of the movie screen, and in midst of an epic tale of love or war, the hero complex is brought to the forefront and the availability of the on screen hero, as an immediate object of projection allows for the process to succeed. The ultimate victory of the hero over the shadow or the villain or the situation becomes the resolution of these repressed conflicts. The resolution of the conflict is often not apparent or even absent in some cases. The death of jack and rose or the death of jai in the end may not complete an undefeated heroic victory. In fact it may be a flight back to reality for the audience and add to the emotional content of the narrative. In case of scripts like The Bicycle Thief – the conflict is not completely resolved. Hence the effect of the struggle, a momentary defeat and consequent rise from the pit , stays on with the audience.. a Devdas also has the same effect because the conflicts are never resolved, only terminated. However there is a glimpse of the hero rising over his shadow in both these and similar films. That slight indication of hope and reinforcement of the hero has a determining influence over the minds of the people, and the box office collection for the movie. When one thinks of blockbusters, it is very rare to come across films that have showed otherwise,. Whether the narrative ends on a high note or leaves the people teary eyed, the resolution of the conflict, in some form of the other, and the momentary or perpetual dominance of the hero, is omnipresent The projective technique and process becomes coherent and almost automatic, because of the two positional imagery that is created by most of these films. Melanie Klein talks about the process of splitting where one segregates opposite affect states when there is a failure to integrate conflicting emotional conditions or cohesive images. Though exaggerated splitting would mean a schizophrenic existence, it might be involved in the psychology of popularity. There has been research on how religion creates sharp contrasts between polar opposites and bases its rules and modes of conduct on this split. Similarly blockbusters create a similar imagery, at least most of them. The identification with the hero and rejection everything that represents the opposite, is thus facilitated. It is possible that due to our social realities, we introject the rigid bipolarity between good and evil and their corresponding symbols. While recognizing grays, our minds still remain split over these dimensions. This is captured to the skin when a film with such images, hits the right chord and becomes popular. Star wars, Ben Hur, the exorcist, Spiderman, Sholay, and Mr. India are all such instances, where there has been a successful arousal of the split sensibilities and their projections. This has manifested in the complete identification and comprehension of the narrative resulting in widespread popularity. These films not only have very striking and overpowering representations of archetypes, but they are opposed and shown in complete polarities. The hero and the villain do not have shades, in which respect they are almost super human. Good is all good, and even if there are glimpses of weakness it’s covered with a veil of humor (Veeru in Sholay). Its can be assumed that relating to such characters can be taxing because of their absolute nature. However, this is where psychology works over common sense. The popularity of these films support the idea that repressed desires of heroism and the wish to defeat the shadow, can engulf an otherwise practical mind, in a flight of phantasy. The unconscious acceptance of a bipolar reality helps one to separate between confusing and conflicting images, which then allows for the projection of the good, righteous, loving, hero on to the on screen peter parker and the dark, perverse and guilty shadow on to Mogambo. In this way identification with the narrative is coherently achieved. Phantasy is also an important theme here. Emanating from unconscious wishes, phantasy represents an early childhood stage where the child is unable to separate reality and imagination. The experience of a film is like a flight of phantasy where identification with the characters results in the audience not being able to consciously separate the narrative from their own experience. Usually phantasies are manifested in symbolic forms in dreams etc. however, because they stem from instinctual bases, they have the ability to satisfy unconscious desires through images and ideas. This amalgamation of imagination and reality with the power to expose instinctual drives is captured by the imagery patterns of blockbusters. The prevalence of grandiosity, sexuality and power in most the scripts of these films may support this idea. The hero is thus seen to perform such acts which strongly symbolize fantastical representations of instinctual needs. The overwhelming popularity of romantic films can be understood from here. The audience most likely experiences a state of phantasy where primordial sexual drives are projected on to the screen hero who gratifies these wants by successfully romancing the heroine. This then becomes the image that is formed on the basis of our phantasy of sex. The phantasy of power, if thought to be inherent and instinctual is also imagined through the role of the hero or even the villain. The audience’s experience of a state of phantasy might explain why most fantastic narratives with mythical representations and supernatural elements happen to become blockbusters. Animated films centered on the animal kingdom or mythical characters, do very well, not only among the children but with all age groups. The romanticism in Little Mermaid and Ice Age become convincing because such stories allow the smooth, uninterrupted regression to a stage where phantasy is the only state of mind. There is no clear distinction between the real and the fantastic resulting in the identification with non- human characters. Bollywood films have a tradition of having songs shot in scenic and picturesque backgrounds. Shahrukh khan draped in the most expensive of suits, rolling in the ice of the majestic Alps or in the deserts of Sahara, is a common sight. This long practiced trick exploits a very socio- psychological realm. The average audience in India is economically deprived and sexually repressed coming from a society where a large section condemns sex and extravagance. The presentation of an image like that combines the effect of improbable luxury with forbidden pleasure. The ease with which the hero romances his partner, in the midst of eye catching beauty, creates a yearning for gratification of senses previously deprived. Thus the mountains and the seas, symbolize pleasure and luxury, and the ability to own both. Hence we see that, phantasy play surrounds the nature of response that an audience has towards a film. Even though the audience is ready to fantasize, however the impulse to do so is introduced subconsciously. These impulses are elements from the script and image of the narrative. Simultaneously, however, some of the basic sentiments held at the societal-communal level, is by and large always reinforced by most blockbusters. . Thus a hugely popular film like Rang De Basanti, explores areas of phantasy, and heroism, carrying with it throughout, an underlying essence of elite ideology. This happens because films introject attributes from the audience this idea will be dealt with more in details later on. A lot of emphasis has been put on the emotional experience and impact of a popular film. It is true that films, like most other media products, sell emotions. A narrative, as expected carries with itself a range of experiences and interactions that invoke an emotional response. It is also true that some of the popular films, directly or indirectly stress on such aspects to draw audiences. In fact, such antics are often guised as family oriented film or woman oriented film, or a film with a social message etc. however it is often disappointing to see that such ambitious promises turn out to be grand sob stories. Symbolism works greatly to influence the audience to read symbols and images on screen in particular ways. Disguised symbolic forms are used extensively to form a coherent meaning out of an object, by perceiving it in a particular way. This meaning making in turn affects how the audience views the different characters and their stories, and how well they relate to it. For instance in The Lord of the Rings, the dark lord Sauron is never really shown to the audience. However the engulfing fire and the dark hoodlums, construct an immediate image of the character, which is then easily perceived as unwanted or evil. THE IMAGE AND THE AUDIENCE Throughout, the paper suggests a unidirectional relationship between the image and the audience. However this is not limited to a one sided action. In fact the process of projection and introjection happens both ways. The audience projects onto the “dots on the screen” and in turn introjects the attributes and symbolic conditions that are exposed to them. Once identification happens, the admired or important external object (in this case the characters and their narrative) is introjected. Introjection is responsible for the residual effects of popular cinema. Under this, even after the cinematic experience is over, the introjected essence is left with the audience and that culminates into external behavior that is imitative of the reality of the film. The introjected attributes are not necessarily incorporated into the personality system, but at least inserted within oneself. Trends in dating behavior, the attitude towards violence, etc are often a direct introjection from images in popular cinema. The introjected aspects may not be consciously integrated, rather may become a part of the unconscious. Thus it may add onto the thoughts that further get projected in a similar experience. Consequently, a perpetual aftereffect of a popular film remains with the audience. While the mind of the audience is so active in this orgy of emotions, the image is not passive. Image refers to the essence and spirit of popular cinema, or blockbuster films. Since cinema is popular medium, it holds within the pulse of the popular. Thus a collective conscious and unconscious is active at the level of the image. These constructions are a result of societal dynamics. Thus the collective unconscious, when exposed to the viewer, gets projected onto them. The projection happens in symbolic forms of romance, feminity and masculinity, violence and so on. However what is more important is the introjection, from the audience, into cinema. The forces that drive the dynamic nature of cinema as a medium of art, is probably derived through this process. The temporal shifts in the thought processes of the audiences are introjected into the reality of films. What is accepted, what is rejected, over time gets incorporated into the narrative styles of cinema. For instance, the image of the Bollywood “hero”. Hindi blockbusters have been dominated by the role of the hero. Superstars have been produced, drawing maximum attendance in cinema halls. The golden age of Indian cinema saw such heroes like Raj Kapoor – effeminate, calm and tragic, on the background of a post- partitioned India with remains of tragedy and a hope for peace. This hero was replaced by the westernized, suave, mysterious, gambling jewel thief or guide, with the beginnings of global contact, and the formation of an industrialized upper class. Then came Rajesh Khanna in Aradhana and Anand, in his ultra romantic avatar, exactly coinciding with the idealism and romanticism of the 60s and 70s. The economic and political distress of the following period brought with it the angry young man. As human expeditions and exploitations of the 90s carried on rapidly, there was general air of absolute power. There was nothing that “man” could not do. Thus arrived the unbeatable heroes, who always won the women, defeated evil and saved the world. With the inclusion of intellectually different sections, into the fold of regular movie goers, greyer shades of heroes came to be accepted. Thus we have a Khalnayak, or a Baazigar. However, the prominent hero of the blockbusters has become more and more flamboyant and grand. Even though a lot of claim is made on realism, a closer look at the recent blockbusters shows otherwise. Therefore, social currents and collective dynamics are continuously introjected within cinema. During the course of a very insightful conversation, one of my friends, very thoughtfully commented upon the arrival and growing importance of “multiplex blockbusters”. The term represents, a genre, if one can so categorize art, of films that are realistic, educated and have a target audience that includes the literate, intellectual urban population. She harped on how a film like Rang De Basanti drew such overwhelming response from the audience, because of its close association with a real and emotionally volatile youth. Dil Chahta Hain is another example, where only a curtain section was asked to be a part of the film, and that section happily agreed. These observations convince me as to how perceptive the audience is, about the influence that films have on us. The audience always claims to know the source, the extent and the outcome of the popularity of a blockbuster. Our intelligence promptly dismisses a film that seems to be irrelevant or unreal and impractical. Not discrediting the ability of the average audience, it does become evident that popularity is considered to be a much more superficial thing than it may actually be. It would be quite disconcerting to know that the popularity of films affects the audience at deeper levels than we think. In fact the very phenomenon of popularity is derived from an unconscious source, and is hence so impactful. The involuntary processes that are at work are decisive in this respect. Hence, to some extent, the success of a film really does not depend on our conscious examination of a narrative. Such logical explanation, on the terms of rational scrutiny that we engage in all the time becomes less credible as a result. This however does not erode the importance of the role that the audience plays. The purpose of this paper is to give the audience the rightful place in this whole context. The focus on unconscious elements clearly highlights the relationship between the image and the audience. The psychological aspect of popularity is losing ground to competing hypotheses of economic viability, cultural functionality and so on. Whether a film will be a blockbuster or not, is now being predicted on the basis of the budget of the film, on how culturally and communally sensitive the film is, on the target audience, the numerological accuracy of the title the release date and whether it conflicts with a cricket match. In the chaos of all these measurements, we are leaving out a significant consideration- which is the theme of this paper. It is taken for granted that, the anxieties and ecstasies of a reality that we are unaware of cannot be expected to have a prominent shape and definitive role in our thoughts. The aim of the paper rather is just to create a case for their existence- the thoughts, their interactions, their arousal by external forces (the film) and the consequent birth of popularity. Coming back to the starting point, it all comes down to the mind, and its conscious and unconscious, boundless ability to think, imagine, create, associate and live. Whether these constructions are restricted to dreams, or out of body experiences, or can be thought to exist in daily experiences, and being responsible for making something popular, is a question open to further investigation. “Hold fast to dreams, for if dreams die, life is a broken winged bird that cannot fly.” — Langston Hughes THE PSYCHOLOGY OF POPULARITY was last modified: August 2nd, 2012 by DrPrem Jagyasi Manoj Kumar drags SRK & Farah Khan... Dissociative Identity Disorder (Multiple Personality Disorder) What’s the Deal with Rebecca Black? Nokia e63 24k Yellow Gold Luxury Mobile... How Advancement of Technology has Degraded Human... Old and lonely – Do we care... Manisha Koirala: A great actress A NEW GANGSTER MOVIE STARRING AL PACINO This woman killed four kids practsing black... Botox backfires on Hollywood babes ← Inside the heart of a rape victim	cc/2019-30/en_head_0031.json.gz/line845
__label__cc	0.694477	0.305523	The ITI is blessed with three patron saints, each bearing different gifts for us to emulate. St. Thérèse of Lisieux St. Thérèse of Lisieux, is a Doctor of the Church and famous for her “Little Way”. The ITI always seems to work best in following this way; doing things quietly and later, seeing great fruit. Reflection by Fr. John Saward "St. Thérèse as a Model for Our Institute" St. Thomas Aquinas, is a holy theologian and Doctor of the Church. The Popes have urged us to “go to Thomas” and so he is our “guide and model for theological studies” (Pope John Paul II). Sermon given by Christoph Cardinal Schönborn for the Feast of St. Thomas Aquinas during the first academic year of the ITI. St. Zdislava of Lemberk St. Zdislava of Lemberk was born in Moravia in the twelfth century and lived in northern Bohemia. She was a wife and mother of four who was an example of “marital fidelity, a support of domestic spirituality and moral integrity (Paul VI)”. She is a perfect Patroness for the ITI which seeks to make it possible for families to study here, has a community life of which families are an essential part, and has the Masters in Marriage and Family degree program. HistoryAdministration	cc/2019-30/en_head_0031.json.gz/line848
__label__cc	0.518308	0.481692	Tag Archives: Kiev Euro 2012: Prediction for The Final Spain Vs. Italy: So, here we are. It is time for the final and time for us to find out who will be crowned either the kings of Europe or the new kings of Europe. Spain will of course go into the game as favourites but Italy should be hopeful that they can cause an upset Spain head into the final hunting a third straight success in major tournament football, a feat which has never before been achieved and Italy are looking forward to trying to prevent the Spaniards from taking the title and also continuing their uncanny run of achieving major tournament success in the wake of or in the midst of major match-fixing scandals within their national game. So far many have deemed Spain’s performances a little lacklustre when considering their enormously high standards but such thoughts and pessimism regarding the Spanish must be unfair given that they have once again made it all the way through the tournament and into the final. Italy on the other hand have been the recipients of an enormous amount of praise for the way in which they have surprised people not only with their ability to carve out important results but also the way in which they have gone about their business on the pitch, playing with perhaps a greater emphasis on the attacking side of the game than has been evident in former Italian sides in major tournaments. The man behind most of Italy’s attacking play has been Andrea Pirlo who has had an astonishingly good tournament and who has shone above the likes of Xavi and Iniesta of Spain each of whom have become the benchmark for creative midfielders to aspire to over the past few years. Pirlo’s range of passing has been at the forefront of Italy’s success in each and every one of their matches thus far and Spain will have to deal far better with the threat he poses from deep in the Italian midfield than either England or Germany managed to do in the previous two rounds. Contrastingly, Spain have struggled to decide upon their ‘go-to man’ in this tournament and perhaps that is why they haven’t been quite so fluent as people have come to expect them to be. Some of their best attacking play has though been provided by Andres Iniesta who has been given a more forward-thinking role over the past couple of years by the Spanish coaching team and they will need him to be at his very best if they are to make history this weekend. I have a feeling that this will be a very close game indeed and I think that things will unfold in similar fashion to how they did when these two sides met in their opening group game where Italy took the lead and were pegged back by Spain. I think that normal time will again see these two sides locked at 1-1 and I think Spain will win in extra-time in spite of a brave Italian performance. I actually think that Italy could well be the side creating the bulk of the game’s best chances but I am backing Spain to fight their way to the narrowest of victories courtesy of some clinical finishing. By Jack Hayward Posted in Euro 2012, European Football, Football, Sport, Uncategorized Tagged Andrea Pirlo, Andres Iniesta, Cesare Prandelli, Cesc Fabregas, England, Euro, Euro 2012, Euro 2012 Final, Euro 2012 Final Predictions, Europe, European, European Football, Euros, Euros Predictions, Extra Time, Fernando Torres, Final Predictions, Football, Germany, Italy, Kiev, Kyiv, Mario Balotelli, Penalty Shootout, Poland, Poland-Ukraine, Soccer, Spain, Sport, Sports, Ukraine, Vicente Del Bosque Euro 2012: Quarter-Final 4 England Vs. Italy: The last of the quarter-finals at the Euros pits England against an Italian side that have been trying their utmost to gain the upper hand in the psychological battle going into Sunday night’s game with their suggestions that ‘England are the new Italy’. In a game which is set to be a battle of two organised outfits, Rooney and Pirlo will carry the heavy burden of being the ‘difference makers’ These remarks and suggestions of copycat tactics on one hand send out the message that the Italians are flattered by England’s ‘aspirations’ to take on board their style of play and that to have ‘followers’ of their methods is empowering and on the other hand attempts to belittle England by suggesting that they needed to copy the Italians in order to further themselves. There is certainly more than a hint of a dig in the messages coming out of the Italian camp about England but when it comes down to it they will know that they are up against a team who are not merely an organised unit but rather a team on the up, a team that are as settled and as happy as they have been in quite some time and ultimately a team that can carry a significant threat. England are unlikely to have taken too much heed of the Italian’s efforts to ruffle their feathers given their recent run of results and they too will go into this quarter-final match with real hope as well as a great deal of respect for their opponents. Respect aside though, England will realise that this Italian side isn’t the strongest that they have ever brought into a major tournament and that they have nothing to fear going into the match, plenty to take care of and much to plan for but ultimately this Italian squad don’t possess the defensive qualities or midfield tenacity of many of their previous squads for major tournaments and England should go into this match believing that they can hurt the Italians. If you look at each individual position across the field, in all honesty it would be hard to identify many Italian players that would make it into England’s starting line-up and this in itself should motivate England to prove they aren’t the ‘new Italy’ but perhaps that they can be a better version. To pick between Gianluigi Buffon or Joe Hart in goal would be a tough call, you would probably have to find a place in England’s line-up for Andrea Pirlo and Daniele De Rossi and Claudio Marchisio would have a chance of making it in but the only other player who would almost certainly make it into England’s team is Mario Balotelli who would get the nod ahead of Danny Welbeck. So, England should go into this match confident that they can get a result and I have a feeling that they will whether it be by hook or by crook. I think that the game will end 1-1 after ninety minutes and that England will take the game either in extra time or in a penalty shoot-out and if this were to happen then England would face-off against Germany in what would be an epic semi-final clash that would stir memories of England’s shoot-out heartbreak from Euro 96 at Wembley. By Jack Hayward Posted in Euro 2012, European Football, Football, Sport Tagged Andrea Pirlo, Antonio Cassano, Antonio Di Natale, Antonion Cassanno, Ashley Cole, Bonnucci, Cesare Prandelli, Danny Welbeck, England, England v Italy, England Vs. Italy, Euro, Euro 2012, Euro 2012 Predictions, Euro 2012 Quarter-Final 4, Europe, European Championships, European Football, Euros, Euros Predictions, Fabio Capello, Football, France, Germany, Gianluigi Buffon, Giorgio Chiellini, Glen Johnson, Italy, Joe Hart, John Terry, Joleon Lescott, Kiev, Kyiv, Manchester United, Marchisio, Mario Balotelli, Olympic Stadium Kiev, Olympic Stadium Kyiv, Poland, Poland-Ukraine, Predictions, Premier League, Quarter-Final, Quarter-Final 4, Quarter-finals, Roy Hodgson, Score Predictions, Scott Parker, Soccer, Spain, Sport, Steven Gerrard, Thiago Motta, Ukraine, Wayne Rooney, World Cup England Vs. France: England and France have arguably been two of the most frustrating sides in tournament football over the past ten years as England have consistently under-performed and France have failed to maintain an extended period of dominance in the wake of their back-to-back World Cup and Euros wins in 1998 and 2000. France appear to have a more fluid and attacking set-up to England so it will be interesting to see who prospers on Monday night This time around both sides head into the tournament with perhaps a little less expectation weighing them down and both will hope that this can work in their favour. France have come to Poland and Ukraine with a fairly fresh looking and youthful squad and some are tipping them as dark horses to sneak a way through to the latter stages of the tournament. I think their squad is indeed full of interest and the fact that they have opted for just two out-and-out strikers in their set-up suggests that they will go for one up top and play with a trio of attacking midfielders each with a license to roam in behind Karim Benzema. This modern approach could serve the French well and I expect them to top the group. England may also have a slightly less familiar look to their squad than in recent tournaments but it seems that they will opt for a far more old-fashioned and rigid formation and structure. The major hiccup in England’s preparations has arguably been the two game suspension hanging over star man Wayne Rooney’s head, as it is difficult to see them scoring a great deal of goals and playing with the attacking imagination required to beat a team like France when he is absent. Having said that though, I think England’s defensively minded set-up will see them get a 1-1 draw against the French which wouldn’t be a bad result for either side in the context of the group. Sweden Vs. Ukraine: The second match of Group D may not sound like a cracking game on paper but the fact that co-hosts Ukraine will be making their European Championships bow in elaborate fashion provides the game with plenty of intrigue. Also, the performance of Sweden could be very interesting to keep an eye on as a win for them in particular would cause some major concerns for either England or France if they were to lose out in their head-to-head on Monday evening. Co-hosts Ukraine aren’t fancied by many in the group stages Sweden have a stronger squad at their disposal than their opponents tonight but Ukraine will surely find some inspiration from their home following and the co-hosts could well prove to be very difficult to break down. Crucial to their hopes of shocking the rest of Europe and qualifying for the quarter-finals is holding midfelder Anatoliy Tymoschuk who reads the game very well and is very capable when it comes to breaking up the oppositions play. Whether or not Ukraine are as dogged as expected, if Sweden play to their potential and the likes of Zlatan Ibrahimovic can contribute strongly then they should win this game and they should maintain hope that they can outdo either one of England or France in the group stages as a whole. I think that Ukraine will try and play mainly very defensive and abrasive football and will succeed for the most-part in keeping Sweden at bay on the night but I think the Swedes will make a breakthrough at some point and will begin their campaign with a narrow and hard-earned 1-0 win. By Jack Hayward Posted in Euro 2012, European Football, Football, Sport, Uncategorized Tagged Anatoliy Tymoschuk, Andriy Shevchenko, Donetsk, England, Euro 2012, Euro 2012 Day 4, Euro 2012 Group D, Euro 2012 Group Stages, Euro 2012 Predictions, Euros, Euros Predictions, Football, France, Franck Ribery, Group D, Group Stages, Karim Benzema, Kiev, Laurent Blanc, Predictions, Roy Hodgson, Soccer, Sport, Sports, Sweden, The Euros, Ukraine, World Cup, Zlatan Ibrahimovic	cc/2019-30/en_head_0031.json.gz/line850
__label__cc	0.748048	0.251952	Community Service Fund Charter Members History: 1919 to 1991 History: 2006 to Present 25th Anniversary Book 100th Anniversary Book The Four Way Test About Rotary International New Member Proposal Becoming A Rotarian Meeting Makeup Become a Web Sponsor Become a Paul Harris Fellow Get Our Bulletin Jeff Kroon - Boys & Girls Club of Jamestown Posted by Sue Jones on Jun 17, 2019 Pictured L to R: Doug Nelson, Jeff Kroon, President Katie and Rhonda Johnson Today’s speaker is Jeffrey C. Kroon who has served as Winifred Crawford Dibert Boys & Girls Club of Jamestown’s Executive Director for the past 111 years and has been employed by the local Club a total of 34 years. A Jamestown High School and Jamestown Community College graduate, he earned a Bachelor of Arts Degree in English from SUNY Brockport in 1981 and later lived and studied in Sweden which led to teaching Swedish language classes at Jamestown Community College since 1985. Volunteer community involvement includes 35 years with Jamestown Area Youth Soccer, serving as JAYS President for over 25 years. Jeff currently serves as President of the American Scandinavian Heritage Foundation, Treasurer of the Scandinavian Folk Festival and is a member of JCC’s Scandinavian Studies Program Advisory Board. Recognized in 2018 with the Chautauqua Leadership Network’s Community Development Award, as a Jamestown Community College Distinguished Alumnus in 2004, the Chautauqua County Board of Realtors 1996 Citizen of the Year, the NYS Council of PTA’s Honorary Lifetime Member Award, SUNY Brockport’s 1981 Departmental Scholar Award and earned the rank of Eagle Scout in 1975. Lifelong Jamestown residents, Jeff and his wife Kelly, an RN with UPMC Chautauqua, have two grown children, Krista, a licensed Physical Therapist in Port St. Lucie, FL and John, a geologist in Oklahoma City. The Jamestown Boys Club was founded by the Rotary Club of Jamestown, NY in 1939 to build character in underprivileged boys. The cost to belong was 25cents per year. Mrs. Lucille Wright founded the Jamestown Girls Club in 1947; which was long supported through the efforts of the local Zonta Club. The Boys Club merged with the Girls Club in 1986 and the current home is at 82 Allen St. in the former Maddox Home. Additions and improvements to the Mansion over the years have created a facility which is unique as it is the only Club with a swimming pool and all the activities that surround it. The first pool was built for $45,000 and 50 years later was rebuilt for $1.2 million. Adults may also use the pool at designated times for a small fee. The Club also hosts an afterschool program with Jamestown Striders and the members can be partnered with tutors for help with homework and computer aided educational activities. There is also a well-equipped gym, arts and crafts, a game room and a well supervised space for young people to gather and simply talk. Membership today is $20 annually and the United Way campaign provides for scholarships for those who might need help. Camp Hiak Tilikum, located on Curtis St. provides a space for outdoor experiences as well. Jeff then gave us some case histories of some of the members and the situations they face in their home lives and the growth they have made in their lives by belonging to the Club and participating in its activities. Some of the children have only one parent, many brothers and sisters, move frequently, have no clean clothes or blankets, see parental abuse, drug abuse and have very little food in their homes. Of the 280 days the Club is open, these children may spend as many as 250 days at the Club. Staff at the Club provide support to these children in as many ways as possible when they learn the circumstances. The Club does all that it can to instruct the children about personal safety as well as build character. Enrollment in 2018 was 1674 children from 5-18 (most are 10-14). 75 to 80% of these children are at risk and this year, the Jamestown Boys and Girls Club celebrates 80 years of giving these young people a safe place to go and learn to take advantage of opportunities. Jeff and his small staff of 5-10 full-time and 20-25 part-time, plus many volunteers are doing a STELLAR job of providing for the needs of these children. Rotary Club of Jamestown \| P.O. Box 454 \| Jamestown, NY 14702-0454	cc/2019-30/en_head_0031.json.gz/line851
__label__cc	0.640133	0.359867	Medical Education \| October 2014 Acceptance of Lesbian, Gay, Bisexual, and Transgender Patients, Attitudes About Their Treatment, and Related Medical Knowledge Among Osteopathic Medical Students Jessica Lapinski, OMS III; Patricia Sexton, MS, DHEd; Lauren Baker, BA From the A.T. Still University-Kirksville College of Osteopathic Medicine in Missouri (Student Doctor Lapinski and Dr Sexton). Ms Baker was a psychology student at Truman State University in Kirksville, Missouri, and served as a research assistant during this study Address correspondence to Jessica Lapinski, OMS III, 412 Huber Ln, Glenview, IL 60025-4655. E-mail: jlapin9@gmail.com Medical Education / Professional Issues The Journal of the American Osteopathic Association, October 2014, Vol. 114, 788-796. doi:10.7556/jaoa.2014.153 Figures Only Data Supplements Lapinski J, Sexton P, Baker L. Acceptance of Lesbian, Gay, Bisexual, and Transgender Patients, Attitudes About Their Treatment, and Related Medical Knowledge Among Osteopathic Medical Students. J Am Osteopath Assoc 2014;114(10):788–796. doi: 10.7556/jaoa.2014.153. You will receive an email whenever this article is corrected, updated, or cited in the literature. You can manage this and all other alerts in My Account Sign In or Subscribe × Context: Limited research exists on the health issues faced by lesbian, gay, bisexual, and transgender (LGBT) patients, as viewed in the context of osteopathic medical education. A full understanding of current medical students' acceptance of, attitudes toward, and knowledge of these issues could lead to the development and incorporation of curricula focusing on the care of LGBT patients into colleges of osteopathic medicine (COMs). Objective: To determine among osteopathic medical students the levels of acceptance of LGBT patients, attitudes toward treating this population, and medically relevant knowledge about their distinct health-related issues. Methods: In August 2012, students at 6 COMs were sent an e-mail invitation that contained basic information about the study and a link providing access to an anonymous Web-based survey. Standard scales used in previous studies were compiled and individualized into 130 items for the purposes of the present study. Results: Of the 4112 osteopathic medical students contacted, 1698 (41.3%) entered the survey and 1335 (32.5%) completed it. Two hundred respondents (15%) self-identified as having a sexual orientation on the lesbian, gay, or bisexual (LGB) spectrum. Although respondents generally had favorable levels of acceptance of LGBT patients and positive attitudes toward treatment of this population, self-identified LGB students had even greater acceptance of LGBT patients (P<.001) and more positive attitudes toward their treatment (P<.001). When medically relevant knowledge of issues related to the health of LGBT patients was assessed, 125 respondents (12.9%) obtained a passing score of 7 or higher, with LGB students scoring significantly higher than students whose self-identified sexual orientation was heterosexual only (P=.01). Differences in the levels of acceptance of (P=.008), treatment attitudes toward (P=.001), and relevant medical knowledge (P=.05) pertaining to LGBT patients were noted between respondents from the 6 COMs. Conclusion: The results suggest that even though osteopathic medical students had mostly positive personal attitudes and treatment attitudes toward LGBT patients, some disparities were still present. Also, students lacked adequate knowledge of the unique medical issues faced by the LGBT population. In the future, students should be given more training to effectively treat LGBT patients and their health-related issues. Health care disparities related to lesbian, gay, bisexual, and transgender (LGBT) populations are of growing interest in the medical community. Historically, the health issues affecting LGBT patients have been sparsely studied and widely neglected in medical education.1,2 Lesbian, gay, bisexual, and transgender patients present unique challenges for physicians. In this population, the prevalence and incidence of certain diseases are distinct.3,4 For example, lesbians may have a higher risk for breast or ovarian cancer, and gay men have an increased risk for cancer caused by human papillomavirus. Research suggests that among LGBT individuals, health care disparities linked to social stigma, discrimination, and denial of civil and human rights have in turn been associated with high rates of psychiatric disorders, substance abuse, unreported domestic violence, and suicide.4 In addition, many physicians believe that they are unprepared to care for LGBT patients and that disparities in their treatment exist.5-9 Compared with non-LGBT patients, LGBT patients receive substandard care or are denied care because of their sexual orientation.7,10 Evidence further suggests that LGBT patients are hesitant to disclose their sexual orientation to health care professionals because they fear discriminatory treatment.11-13 This lack of disclosure may result in physicians making heteronormative assumptions about their LGBT patients and may ultimately lead to a poor patient-physician relationship and provision of insufficient or careless treatment.14 The foundation of the patient-physician relationship is established during the early years of medical education, but few medical schools, including colleges of osteopathic medicine (COMs), incorporate issues related to the health care of LGBT patients into their curricula.15 Research suggests that increasing exposure to LGBT patients and their health-related issues results in medical students having greater knowledge of the health concerns of this population and perhaps providing better patient care.16,17 In addition, Hardacker et al18 found that including LGBT material within the education system resulted in increased knowledge and more positive attitudes. As such, incorporating profession-wide competencies can lead to more effective patient care. The purpose of the present study was to determine the levels of acceptance of LGBT patients, attitudes toward treatment of this population, and medically relevant knowledge among osteopathic medical students. To our knowledge, the present study is the first to focus solely on the osteopathic medical profession. We hypothesized that osteopathic medical students who self-identified as heterosexual would have lower levels of acceptance of LGBT patients and more negative attitudes toward their treatment and that all students would have deficiencies in medically relevant knowledge about the unique health concerns of this population. We did not anticipate any differences in our 3 outcome variables when assessing the responses of students from different COMs. In August 2012, we sent e-mail invitations to the dean's office and academic affairs office at all COMs requesting their participation in a survey-based study examining acceptance of and delivery of health care to LGBT patients. The invitations included basic information about the study as well as a request that the COM e-mail all medical students a study recruitment letter and a hyperlink to the online survey. Six schools responded to the invitation and agreed to participate. Students who received the e-mailed study recruitment letter accessed the survey through the Web link provided. They were then directed to a page where they were asked to provide informed consent for their data to be used for research purposes. The informed consent conveyed that participation was voluntary and that participants could exit the survey at any time. The survey, which took approximately 15 minutes to complete, was entirely Web based and collected no identifiable information from students. Upon reaching the end of the survey, regardless of whether they had fully completed it, students were compensated for their time with a $5 gift card to Amazon.com. The institutional review board at the A.T. Still University-Kirksville College of Osteopathic Medicine approved all study procedures. The measures examined in the present study consisted of standard scales used in previous research.17,19-21 However, the survey itself was individualized for the purposes of the current study—using a unique combination of scales not used in previous research—and contained approximately 130 items. Participants were asked to provide basic demographic information (ie, sex, age, race), identify the COM they attended, and indicate their current class year. The Klein Sexual Orientation Grid evaluates a variety of aspects of an individual's sexual identity in the past, present, and ideal future.21 The grid includes a 7-point scale assessing 7 different dimensions of sexual orientation, with 1 representing a heterosexual-only orientation and 7 denoting a homosexual-only orientation, for a total possible score range of 7 to 49. For the purposes of the present study, participants with a total score of 7 were classified as heterosexual only and all other total scores were classified on the lesbian, gay, and bisexual (LGB) spectrum. This section was the only required section of the survey; students who skipped or refused to answer this portion were not included in the analyses. The Homosexuality Attitude Scale,20 which uses a 5-point Likert design to assess stereotypes, misconceptions, and overall views about homosexual individuals, was included in the survey to determine the study participants' levels of acceptance of LGBT patients. It has been shown to have excellent internal consistency (α>.92) and good test-retest reliability (r=0.71).21 Four subscale factors were included in the Homosexuality Attitude Scale: condemnation or tolerance, social norms and morality, contact, and stereotypes. The 11-item condemnation or tolerance subscale evaluated the extent to which study participants tolerate homosexuality. The 13-item social norms and morality subscale (sample item: “The increasing acceptance of gay men/lesbians in our society is aiding in the deterioration of morals”) ascertained participants' views on moral aspects of homosexuality. The 18-item contact subscale (sample item: “I would not want a gay man/lesbian to live in the house next to mine”) determined participants' level of comfort with various forms of contact with either gay men or lesbians. Finally, the 7-item stereotypes subscale assessed the participants' preconceived misconceptions and stereotypes about homosexuality. To assess the treatment attitudes and medically relevant knowledge of the study participants, a scale including multiple items was adapted from a study by Sanchez et al.17 The treatment attitudes portion of the scale used a 5-point Likert scale to assess the efficacy of care provided to LGBT patients. Participants answered 27 questions about their clinical communication skills, desire to care for LGBT patients, comfort in caring for LGBT patients, and views of physician responsibilities to LGBT patients. The medically relevant knowledge scale17 consisted of 9 true-or-false, knowledge-based questions pertaining to the health-related issues faced by the LGBT population. Participants were given raw percentage scores on the basis of the number of questions answered correctly. Because of a nonnormal distribution, analyses of medical students' acceptance of LGBT patients and attitudes toward treating this population were performed using Mann-Whitney and Kruskal-Wallis tests. The scale assessing medically relevant knowledge of the health issues faced by LGBT patients was examined using 1-way analysis of variance. Surveys were analyzed using SPSS statistical software (version 18.0 predictive analytic program, SPSS Inc). A P value of .05 was considered statistically significant. A Cronbach α correlation coefficient was used to assess the internal consistency of the scales. For the Homosexuality Attitude Scale, the overall Cronbach α value was .97. For the 4 subscales (condemnation or tolerance, social norms and morality, contact, and stereotypes), the Cronbach α values were .80, .95, .93, and .83, respectively. The treatment attitudes scale had a Cronbach α value of .80. Characteristics of Study Participants Of the 4112 students at the 6 COMs that agreed to join the study, a total of 1698 (41.3%) entered the survey and 1335 (32.5%) finished the required section (ie, Klein's Sexual Orientation Grid). No statistically significant differences were noted between students who completed the entire survey and those who dropped out. Table 1 provides details about the demographic characteristics of the 628 male and 706 female osteopathic medical students (the remaining students either indicated that information on sex was not applicable or chose not to answer). With regard to race, the sample was fairly homogenous, with 1047 students (78.4%) self-identifying as white. Slightly higher numbers of first-year (n=410) and second-year (n=394) students completed the survey, compared with third-year (n=272) and fourth-year (n=253) students. With regard to sexual orientation, 200 respondents (15%) self-identified on the LGB spectrum, a percentage that is fairly consistent with the rate in the general population.22 Demographic Characteristics of Survey Respondents (N=1335) No. (%)a Male 628 (47.1) Female 706 (52.9) NA 1 (0.1) Age, y 18-25 612 (45.9) 36-45 48 (3.6) 46-55 6 (0.4) >55 0 White 1047 (78.4) Nonwhite 256 (19.2) NA 32 (2.4) Year in School First year 410 (30.7) Second year 394 (29.5) Third year 272 (20.4) Fourth year 253 (19.0) Self-identification Heterosexual only 1135 (85.0) LGB 200 (15.0) a Some percentages do not total 100 because of rounding. Abbreviations: LGBT, lesbian, gay, or bisexual; NA, not applicable or the student chose the response, “Prefer not to answer.” Comparisons of Student Responses Osteopathic medical students whose self-identified sexual orientation was on the LGB spectrum reported having higher levels of acceptance of homosexuality (Table 2) than did students who self-identified as heterosexual only (z=−11.1; P<.001). When the subscales of the Homosexuality Attitude Scale were compared, LGB students were found to have levels of acceptance that were statistically significantly different than those of heterosexual students. Compared with heterosexual students, LGB students had higher levels of tolerance of the LGBT population (z=−5.0; P<.001), were more likely to view homosexual orientation as moral (z=−10.7; P<.001), felt more comfortable being in contact with the LGBT population (z=−13.7; P<.001), and did not report having as many stereotypes about the LGBT population (z=−7.4; P<.001). When the treatment attitudes (Table 3) of self-identified LGB osteopathic medical students were compared with those of self-identified heterosexual-only students, LGB students had more favorable treatment attitudes toward LGBT patients (z=−3.5; P<.001). Acceptance of Lesbian, Gay, Bisexual, and Transgender Patients by Osteopathic Medical Students (N=1335) Response, No. (%)a Homosexuality Attitude Subscale Strong Positive Mean (SD) Condemnation or tolerance 1210 523 (43.2) 614 (50.7) 64 (5.3) 9 (0.7) 1.4 (0.54) Social norms and morality 1248 286 (22.9) 606 (48.6) 192 (15.4) 164 (13.1) 1.9 (1.1) Contact 1280 89 (7.0) 940 (73.4) 196 (15.3) 55 (4.3) 1.8 (0.75) Stereotypes 1320 148 (11.2) 786 (59.5) 352 (26.7) 34 (2.6) 2.0 (0.75) Overall 1247 25 (2.0) 997 (80.0) 194 (15.6) 31 (2.5) 1.8 (0.68) a Some percentages do not total 100 because of rounding. Respondents were not required to answer all survey items. Attitudes of Osteopathic Medical Students Toward Treatment of Lesbian, Gay, Bisexual, and Transgender Patients (N=1335) Survey Item Lesbian and gay patients deserve the same level of quality care from medical institutions as heterosexual patients. 1317 12 (0.9) 3 (0.2) 16 (1.2) 56 (4.3) 1230 (93.4) 4.9 (0.50) Gay and lesbian patients should only seek health care from gay and lesbian health clinics. 1317 1087 (82.5) 153 (11.6) 54 (4.1) 10 (0.8) 13 (1.0) 1.3 (0.66) Physicians in private practice have a responsibility to treat LGBT patients. 1313 36 (2.7) 31 (2.4) 91 (6.9) 163 (12.4) 992 (75.6) 4.6 (0.93) I would be comfortable if I became known among my professional peers as a doctor who cares for LGBT patients. 1309 19 (1.5) 20 (1.5) 103 (7.9) 199 (15.2) 968 (73.9) 4.6 (0.82) I am concerned that if my heterosexual patients learned that I was treating LGBT patients, they would no longer seek my care. 1314 736 (56.0) 317 (24.1) 143 (10.9) 97 (7.4) 21 (1.6) 1.7 (1.02) I would be comfortable telling my intimate partner that I cared for LGBT patients. 1312 24 (1.8) 6 (0.5) 48 (3.7) 144 (11.0) 1090 (83.1) 4.7 (0.72) a Some percentages do not total 100 because of rounding. Respondents were not required to answer all survey items. Abbreviation: LGBT, lesbian, gay, bisexual, and transgender. A majority of student respondents had low scores on the scale assessing medically relevant knowledge of the health issues of LGBT individuals (Figure 1), with only 125 respondents (12.9%) obtaining a passing score of 7 or higher. When the medically relevant knowledge of self-identified LGB osteopathic medical students was compared with that of self-identified heterosexual-only students, both groups indicated having a lack of knowledge about medical issues faced by the LGBT population. However, the LGB students had higher knowledge scores than the heterosexual students (F1,934=6.58; P=.01). Scores of osteopathic medical students on the scale assessing the medically relevant knowledge of health issues affecting lesbian, gay, bisexual, and transgender (LGBT) patients (n=972). View Original \| Slide (.ppt) Comparisons of Student Responses by COM When survey results were compiled and assessed, each school was randomly assigned a letter for identification purposes to maintain confidentiality. Differences existed in responses to statements assessing general attitudes toward LGBT patients (χ25=15.8; P=.008), attitudes toward their treatment (χ25=21.6; P=.001), and medically relevant knowledge of the health issues facing this population (F1,921=2.28; P=.05) among students at the 6 COMs participating in the study (Figure 2). Comparison of (A) the general attitudes of students (n=1316), (B) the treatment attitudes of students (n=1307), and (C) the health knowledge scores of students (n=967) at 6 colleges of osteopathic medicine toward lesbian, gay, bisexual, and transgender patients (5 respondents did not identify their school and thus were excluded from this figure). The purpose of the current study was to examine among osteopathic medical students levels of acceptance of LGBT patients, attitudes toward treatment of this population, and medically relevant knowledge about their health-related issues. The results suggest that personal attitudes toward and approaches to treatment of LGBT patients were primarily positive, although some disparities were present. The students' medically relevant knowledge of health issues faced by LGBT patients was poor. These results are not surprising considering that LGBT patients tend to have unique medical issues3,4 but experience substandard treatment and other health care disparities.12,14 Many physicians admit to feeling unprepared to care for this patient population, and medical school curricula spend little time providing appropriate related training.5,15 Very little research has been done in this area, and, to our knowledge, no studies have focused only on osteopathic medical students. We found that LGB students had higher levels of acceptance than heterosexual medical students with regard to tolerance, morality, contact, and stereotypes. Similar results were found in a study examining college students' attitudes toward the LGBT population, with women and self-identified LGBT individuals displaying more positive attitudes than other student groups.23 However, in the present study, most student respondents were accepting of the LGBT population. These results are similar to those from a study performed by Matharu et al,24 who examined the attitudes of allopathic medical students toward gay men. Our study also included a subset of respondents who reported low levels of acceptance. Negative attitudes have also been observed in previous research showing that homophobia and prejudicial treatment still exist in the health care field.25,26 Research has found that discrimination against and derogatory remarks directed at the LGBT population are regularly witnessed by health care professionals.27 When we compared respondents' attitudes toward treating LGBT patients, students who self-identified as LGB had more positive treatment attitudes than heterosexual students, although a majority of all participants generally had positive attitudes. This finding suggests that students believed that all patients deserve the same quality of care, regardless of sexual orientation. However, as with levels of acceptance, a subset of respondents indicated having negative attitudes toward treating LGBT patients. Taken together, the results of these outcome measures suggested that student respondents could be classified into 3 main groups. The first group viewed homosexuality in a positive light and believed that all patients, regardless of sexual orientation, deserve effective health care. The second group was neutral regarding both issues. The third group viewed homosexuality in a negative light and seemed to indicate that self-identified LGBT patients did not deserve the same treatment as their heterosexual counterparts. This third group is an important minority to consider, because research has shown that health care professionals who have negative attitudes toward individuals engaging in same-sex behavior have been found to provide inadequate care for LGBT individuals.25 The finding that both students who identified on the LGB spectrum and heterosexual students lacked adequate knowledge of medical issues facing the LGBT population suggests a need for better education in this area. These results parallel those from a study conducted by Sanchez et al,17 who suggested that medical students had poor overall medical knowledge, especially in the areas of mental health, cancer risk, risk of human immunodeficiency virus infection, and nutrition. Other studies have suggested an association between attitudes and knowledge, with students who had less knowledge about sexual minorities displaying the worst attitudes toward those groups.28,29 The attitudes and knowledge of medical students play a role in influencing the future patient-physician relationship. Failure to disclose sexual orientation and behaviors can lead to a strained patient-physician relationship and adverse psychological results.30 Research has suggested that openly disclosing one's sexual orientation to a physician makes a patient feel like a whole person.30 Medical schools should improve training to create more culturally competent physicians who can effectively care for LGBT patients. In the osteopathic medical profession, a research initiative is under way with the goals of improving educational outcomes for LGBT students and increasing levels of cultural competency for all students treating LGBT patients. This initiative involves the development of a model that will allow for the creation of a curriculum that acknowledges and embraces diversity. The LGBT curriculum will be submitted for publication in the near future and will be made available to all COMs. In evaluating the responses of students attending the 6 different COMs that participated in our study, we were surprised to find differences in their levels of acceptance of LGBT patients, attitudes toward treatment of this population, and medically relevant knowledge about their unique health-related issues. To our knowledge, no previous study has compared responses from students at different COMs. Therefore, these results may be useful in elucidating the educational emphasis of a given school. Future research should examine what distinguishes these schools from one another and determine how to instill consistency in cultural competency training. The present study had several limitations. Although a large number of students participated, they represented only 6 of the 26 COMs that were originally invited to participate. Therefore, students at COMs in the southern and eastern regions of the United States were underrepresented. In addition, previous research suggested that social desirability bias often limits the disclosure of negative attitudes,31 and this potential bias may explain the high percentage of positive attitudes noted in the current study. Finally, a self-selection bias may have affected our results. If students with negative views of the LGBT population did not participate in the study, their absence may have caused there to be more positive results than would otherwise exist. Future research on this topic should examine various elements of LGBT health care delivery. In particular, studies should investigate whether congruency exists between the physician's and the patient's perceptions of effectiveness of care. Studies should also evaluate the distinguishing characteristics of medical students with regard to both their general attitudes and treatment attitudes toward LGBT patients, placing focus on personality facets, familial influences, and cultural and congregational contexts to identify distinguishing factors. Another area for investigation is the differences in the responses of students from different schools. Overall, the results of the present study indicate that the osteopathic medical students surveyed had a positive approach toward LGBT patients. However, some disparities existed. These results can be used to establish a more effective approach for training medical students to manage health-related issues faced by the LGBT population. Financial Disclosures: None reported. Support: This study was funded by a medical education grant from the American Association of Colleges of Osteopathic Medicine. Boehmer U. Twenty years of public health research: inclusion of lesbian, gay, bisexual, and transgender populations. Am J Public Health. 2002;92(7):1125-1130. [CrossRef] [PubMed] Obedin-Maliver J, Goldsmith ES, Stewart Let al. Lesbian, gay, bisexual, and transgender-related content in undergraduate medical education. JAMA. 2011;306(9):971-977. [CrossRef] [PubMed] Dean L, Meyer IH, Robinson Ket al. Lesbian, gay, bisexual, and transgender health: findings and concerns. J Gay Lesbian Med Assoc. 2000;4(3):102-151. [CrossRef] Lee R. Health care problems of lesbian, gay, bisexual, and transgender patients. West J Med. 2000;172(6):403-408. [CrossRef] [PubMed] Butler RA. An Assessment of Lesbian, Gay, Bisexual, and Transgender Curriculum Infusion in U.S. Medical Schools [thesis]. Bloomington: Indiana University; 2010. http://www.indiana.edu/~spea/pubs/undergrad-honors/volume-4/butler_rachel.pdf. Accessed August 9, 2013. Ng H. Lesbian, gay, bisexual, and transgender health and medical education. JAMA. 2011;306(21):2326. [CrossRef] [PubMed] Schatz B, O'Hanlan KA. Anti-Gay Discrimination in Medicine: Results of a National Survey of Lesbian, Gay and Bisexual Physicians. San Francisco, CA: Gay and Lesbian Medical Association; 1994. Snowden S. The medical school curriculum and LGBT health concerns. Virtual Mentor. 2010;12(8):638-643. [CrossRef] [PubMed] Hinchliff S, Gott M, Galena E. ‘I daresay I might find it embarrassing’: general practitioners' perspectives on discussing sexual health issues with lesbian and gay patients. Health Soc Care Community. 2005;13(4):345-353. [CrossRef] [PubMed] Eliason MJ, Dibble SL, Robertson PA. Lesbian, gay, bisexual, and transgender (LGBT) physicians' experiences in the workplace. J Homosex. 2011;58(10):1355-1371. [CrossRef] [PubMed] Fikar CR, Keith L. Information needs of gay, lesbian, bisexual, and transgendered health care professionals: results of an Internet survey. J Med Libr Assoc. 2004;92(1):56-65. [PubMed] Barbara AM, Quandt SA, Anderson RT. Experiences of lesbians in the health care environment. Women Health. 2001;34(1):45-62. [CrossRef] Platzer H, James T. Lesbians' experiences of healthcare. Nurs Times Res. 2000;5(3):194-202. [CrossRef] Simkin RJ. Not all your patients are straight. CMAJ. 1998;159(4):370-375. [PubMed] Corliss HL, Shankle MD, Moyer MB. Research, curricula, and resources related to lesbian, gay, bisexual, and transgender health in US schools of public health. Am J Public Health. 2007;97(6):1023-1027. [CrossRef] [PubMed] Kelley L, Chou CL, Dibble SL, Robertson PA. A critical intervention in lesbian, gay, bisexual, and transgender health: knowledge and attitude outcomes among second-year medical students. Teach Learn Med. 2008;20(3):248-253. [CrossRef] [PubMed] Sanchez NF, Rabatin J, Sanchez JP, Hubbard S, Kalet A. Medical students' ability to care for lesbian, gay, bisexual, and transgendered patients. Fam Med. 2006;38(1):21-27. [PubMed] Hardacker CT, Rubinstein B, Hotton A, Houlberg M. Adding silver to the rainbow: the development of the Nurses' Health Education About LGBT Elders (HEALE) cultural competency curriculum. J Nurs Manag. 2014;22(2):257-266. doi:10.1111/jonm.12125. [CrossRef] [PubMed] Klein F, Sepekoff B, Wolf TJ. Sexual orientation: a multi-variable dynamic process. J Homosex. 1985;11(1-2):35-49. [CrossRef] [PubMed] Kite ME, Deaux K. Attitudes toward homosexuality: assessment and behavioral consequences. Basic Appl Soc Psych. 1986;7(2):137-162. [CrossRef] LaMar L, Kite M. Sex differences in attitudes toward gay men and lesbians: a multidimensional perspective. J Sex Res. 1998;35(2):189-196. [CrossRef] Gates GJ, Newport F. LGBT percentage highest in D.C., lowest in North Dakota. Gallup Politics. February 15 , 2013. http://www.gallup.com/poll/160517/lgbt-percentage-highest-lowest-north-dakota.aspx. Accessed February 22, 2014. Holland L, Matthews TL, Schott MR. “That's so gay!” exploring college students' attitudes toward the LGBT population. J Homosex. 2013;60(4):575-595. doi:10.1080/00918369.2013.760321. [CrossRef] [PubMed] Matharu K, Kravitz RL, McMahon GT, Wilson MD, Fitzgerald FT. Medical students' attitudes toward gay men. BMC Med Educ. 2012;12:71. [CrossRef] [PubMed] Eliason MJ, Schope R. Does “don't ask, don't tell” apply to health care? lesbian, gay, and bisexual people's disclosure to health care providers. J Gay Lesbian Med Assoc. 2001;5(4):125-134. [CrossRef] Smith DM, Mathews WC. Physicians' attitudes toward homosexuality and HIV: survey of a California Medical Society-revisited (PATHH-II). J Homosex. 2007;52(3-4):1-9. [CrossRef] [PubMed] Oancia T, Bohm C, Carry T, Cujec B, Johnson D. The influence of gender and specialty on reporting of abusive and discriminatory behaviour by medical students, residents and physician teachers. Med Educ. 2000;34(4):250-256. [CrossRef] [PubMed] Dunjić-Kostić B, Pantović M, Vuković Vet al. Knowledge: a possible tool in shaping medical professionals' attitudes towards homosexuality. Psychiatr Danub. 2012;24(2):143-151. [PubMed] McKelvey RS, Webb JA, Baldassar LV, Robinson SM, Riley G. Sex knowledge and sexual attitudes among medical and nursing students. Aust N Z J Psychiatry. 1999;33(2):260-266. [CrossRef] [PubMed] Cant B. Exploring the implications for health professionals of men coming out as gay in healthcare settings. Health Soc Care Community. 2006;14(1):9-16. [CrossRef] [PubMed] Dowling KB, Rodger S, Cumming AL. Exploring attitudes of future educators about sexual minority youth. Alberta J Educ Res. 2007;53(4):401-413.	cc/2019-30/en_head_0031.json.gz/line853
__label__wiki	0.91825	0.91825	University of St. Thomas Law Journal Home > USTLJ > Vol. 15 Campus Speech in Uncertain Times: Hopes and Challenges? Academic Freedom in Catholic Universities Religious Freedom and the Common Good All Issues Vol. 15, Iss. 3 Vol. 15, Iss. 2 Vol. 15, Iss. 1 Vol. 14, Iss. 3 Vol. 14, Iss. 2 Vol. 14, Iss. 1 Vol. 13, Iss. 3 Vol. 13, Iss. 2 Vol. 13, Iss. 1 Vol. 12, Iss. 3 Vol. 12, Iss. 2 Vol. 12, Iss. 1 Vol. 11, Iss. 3 Vol. 11, Iss. 2 Vol. 11, Iss. 1 Vol. 10, Iss. 4 Vol. 10, Iss. 3 Vol. 10, Iss. 2 Vol. 10, Iss. 1 Vol. 9, Iss. 3 Vol. 9, Iss. 2 Vol. 9, Iss. 1 Vol. 8, Iss. 3 Vol. 8, Iss. 2 Vol. 8, Iss. 1 Vol. 7, Iss. 3 Vol. 7, Iss. 2 Vol. 7, Iss. 1 Vol. 6, Iss. 3 Vol. 6, Iss. 2 Vol. 6, Iss. 1 Vol. 5, Iss. 3 Vol. 5, Iss. 2 Vol. 5, Iss. 1 Vol. 4, Iss. 3 Vol. 4, Iss. 2 Vol. 4, Iss. 1 Vol. 3, Iss. 3 Vol. 3, Iss. 2 Vol. 3, Iss. 1 Vol. 2, Iss. 2 Vol. 2, Iss. 1 Vol. 1, Iss. 2 Vol. 1, Iss. 1	cc/2019-30/en_head_0031.json.gz/line856
__label__wiki	0.646892	0.646892	Investors > News & Events > Press Releases > Press Release Details Neo-Neon Places Initial Order for Veeco K465i MOCVD System Download this Press Release () PLAINVIEW, N.Y., Jul 16, 2010 (BUSINESS WIRE) -- Veeco Instruments Inc. (Nasdaq: VECO) announced today that Neo-Neon Holdings Ltd., a leading lighting company listed on the Hong Kong exchanges, has ordered its first Veeco TurboDisc(R) K465i Metal Organic Chemical Vapor Deposition (MOCVD) system to support its LED manufacturing capacity ramp at its JiangMen, China factory. Veeco received the order during the recently completed second quarter. Dr. Jurgen Yeh, Chief Technology Officer, commented, "Neo-Neon plans to expand our LED wafer output seven-fold over the next three years. We have decided to include Veeco's K465i MOCVD system in our plans due to its proven high productivity as well as the recent uniformity and repeatability advances that Veeco has achieved. We intend to move quickly to expand our position in the general illumination market, and require supplier partners that can keep pace with our plans." To fund its expansion, Neo-Neon has recently raised NT$2.06 billion (U.S. $64 million) through a share issuance in Taiwan. Bill Miller, Ph.D., Senior Vice President, General Manager of Veeco's MOCVD Operations, commented, "Neo-Neon is a recognized LED industry leader with a diversified product range and broad customer base. We are therefore gratified to be a part of their capacity expansion plans." About Neo-Neon Neo-Neon is a leading vertically integrated LED lighting manufacturer. Neo-Neon International Ltd., founded in Taiwan in 1978, is one of the largest seasonal decorative lighting manufacturers in the world. In 1989 Neo-Neon moved its production to He Shan, Guangdong Province on the Chinese Mainland. Neo-Neon manufactures its own chips, packages, encapsulates and LED lighting products. Neo-Neon is currently ranked in the top six LED companies in the world according to its number of patents, and in the top three in terms of lumens efficacy of its LEDs. For information on Neo-Neon please visit their website at www.neo-neon.com . Veeco Instruments, Inc. designs, manufactures, markets and services enabling solutions for customers in the HB-LED, solar, data storage, semiconductor, scientific research and industrial markets. We have leading technology positions in our three businesses: LED & Solar Process Equipment, Data Storage Process Equipment, and Metrology Instruments. Veeco's product development, marketing, engineering and manufacturing facilities are located in New York, New Jersey, California, Colorado, Arizona, Massachusetts and Minnesota. Global sales and service offices are located throughout the U.S., Europe, Japan and Asia Pacific. http://www.veeco.com To the extent that this news release discusses expectations or otherwise makes statements about the future, such statements are forward-looking and are subject to a number of risks and uncertainties that could cause actual results to differ materially from the statements made. These factors include the risks discussed in the Business Description and Management's Discussion and Analysis sections of Veeco's Annual Report on Form 10-K for the year ended December 31, 2009 and in our subsequent quarterly reports on Form 10-Q, current reports on Form 8-K and press releases. Veeco does not undertake any obligation to update any forward-looking statements to reflect future events or circumstances after the date of such statements. SOURCE: Veeco Instruments Inc. Veeco Instruments Inc. Debra Wasser, 516-677-0200, ext. 1472 SVP Investor Relations & Corporate Communications Fran Brennen, 516-677-0200, ext. 1222 Senior Director Marcom	cc/2019-30/en_head_0031.json.gz/line857
__label__wiki	0.662355	0.662355	child brides · News · Sharia in NZ New family violence laws crack down on forced marriage September 13, 2016 September 20, 2016 iswnz ISW note: this has taken over 6 years, see story (10/3/2010) which highlights the problems from just ONE NZ mosque remember that there hare hundreds of mosques in New Zealand. Notice the racial tons of the story, hiding Pakistani as “Asian” while highlighting another Asian nation as “Indian.” This is Islam through and through, copying their prophet. Forced marriages are common in Asian, Middle Eastern and Indian cultures – and even in New Zealand. In fact, support groups here say they’re working with children as young as 13 who are being coerced into relationships, and say such arrangements often involve blackmail. Forced marriages are culturally sanctioned arrangements, when one person – usually the girl – is instructed to marry a partner of her parent’s choice. “We say about 50 percent of the cases we get are forced marriage related,” Mengzhu Fu, Shakti Youth Project co-ordinator. Ms Fu and her team at Shakti in Auckland work with girls as young as 13, most of whom have been blackmailed by their own families. “For example things like, ‘We’ll disown you if you don’t get married, you’ll put us to shame’, because they’ve already made this arrangement with the other family,” she says. The story from one African teenager she’s worked with is alarming. “At the age of 14, she was raped by a potential suitor whom she had rejected, in New Zealand. “She became pregnant and when her family got to know of her pregnancy, they blamed her for her situation and urged her to marry her rapist.” Ms Fu says she was ostracised from her community as a result. “She ended up having to get 300 protection orders against members of her community.” She says they’ve been trying to raise awareness about the issue for six years and the new law is a step in the right direction. “I think it’s a good start in at least recognising that forced marriage is a form of family violence,” Ms Fu says. Equal Employment Opportunities Commissioner Jackie Blue was also thrilled to hear about the new rules. “I was totally excited when I heard – completely blindsided [and] wasn’t expecting it – but very pleased to see it included.” Under the new rules, marriage celebrants will have to check whether both parties consent. If a marriage is found to be coerced, the penalty is a maximum of five years in jail. Previous Post A Current Affair to expose ‘frightening secret videos’ of Salim Mehajer Next Post New Zealand bans forced marriages in crackdown on domestic violence	cc/2019-30/en_head_0031.json.gz/line858

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